Social Movements & the Law

The University of Arizona (“University”) values its relationship with sovereign Indian Tribes and is committed to honoring the fundamental principles of tribal consultation (“Consultation”) and respect required by the Arizona Board of Regents Tribal Consultation Policy (ABOR 1-118). The purpose of the Tribal Consultation Policy is to provide a framework for the University to preserve a foundation of respect and to acknowledge the cultures, traditions, beliefs, governance processes, laws, codes, regulations, and protocols of sovereign Indian Tribes, while maintaining compliance with federal, state, and local laws.

Viet Thanh Nguyen fled Vietnam as a child, escaping Saigon with his family the day before the capital city fell. They went to military bases in the Philippines and Guam, then lived in Pennsylvania for a few years before finally settling in San Jose, California, where he discovered the American dream was complicated. His literary work, most notably his Pulitzer Prize-winning novel,

Penguin Random House LLC et al v. Gibson et al (6:24-cv-01573), Florida Middle District Court, Filed: 08/29/2024

Death Penalty Alternatives for Arizona (DPAA) is a non-profit educational organization working to inform the public about the injustices surrounding the death penalty and the criminal punishment system. DPAA consists of volunteers from around the State of Arizona organized into the Northern, Central, and Southern regions of the state.

The remote Duck Valley reservation that straddles Nevada and Idaho has battled toxic contaminants on its land for decades.

American Libraries travels through time to outline our country’s history of censorship—and those who have defended the right to read.

For nearly 50 years, the remains of two Native American individuals have been stored at the Arizona Capitol. Now, they are on their way back to their final resting place, but one state senator says that isn’t enough. In 1976, two fragments of bones were donated to the Arizona State Library. The remains were transferred to the newly opened Arizona Capitol Museum in 1982, where they remained until 2024. “Unfortunately we just know very little,” said Stephanie Mahan, a senior administrator at the Capitol Museum, of the remains and the individuals they belonged to. The remains are subject to a federal policy called the Native American Graves Protection and Repatriation Act, which was passed in 1990. NAGPRA requires all museums and universities receiving federal funding to return Native American remains and artifacts in their collections to the tribes they are most closely affiliated with. Many of the remains held by institutions across the country were taken by archaeologists working at burial sites of Indigenous peoples in the late 1800s and early 1900s. The federal law was enacted to outline a process by which tribes could recover those remains and return their ancestors to their homelands. Some of Arizona’s representatives in Congress at the time, like late-Rep. Morris Udall and late-Sen. John McCain, advocated for the law’s passage. In an effort to comply with the law, Capitol Museum officials reached out to the Arizona State Museum at the University of Arizona and transported the remains to Tucson earlier this year. The museum currently holds the largest collection of Native American remains in Arizona and is working to repatriate them back to the tribes they came from, in addition to assisting other institutions with their repatriations. Neither the Capitol Museum nor Arizona State Museum were able to determine a definitive cultural identity for the individuals in the Capitol Museum, but the Salt River Pima-Maricopa Indian Community and the Gila River Indian Community have made a joint claim to the remains. Now that a claim has been made, Arizona State Museum can work with the tribes to return the individuals for reburial. It’s unclear where the remains held at the Capitol originated from or how they arrived in Phoenix, but an official from the State Museum said it's likely that the remains belonged to individuals who were part of one of the many Indigenous communities in the Phoenix area. “Because we can say … that there is a bit of a probability that the remains came from this general region, then it was decided that the tribes within the Phoenix basin area would claim those remains and provide them with a place to rest again,” said Cristin Lucas, the repatriation coordinator at the State Museum. “It may not be this specific group of individuals who are the specific descendants, but the ultimate concern is that everyone should be provided a place of rest in the end.” A spokesperson for the Secretary of State’s Office, which oversees the State Library, said there are no records at the library related to the individuals or their time before they were transferred to the Capitol Museum. Mahan said that the remains were stored at the Polly Rosenbaum State Archives and History Building – which is managed by the Secretary of State’s Office – not the Capitol Museum, which is located in the old Capitol building that once housed the state House and Senate. Despite the Secretary of State Office’s control over the archives building, the Capitol Museum retained legal control over the remains. Now, Arizona State Museum is working to transfer legal control over to the two tribal communities that will receive the individuals for burial. According to Lucas, the remains will likely be repatriated to the tribes in the next few weeks. “Cases like this are really important because they are individuals who basically no information is known [about], and so it's a complex situation both for institutions but also for tribes,” Lucas said. A representative for the Gila River Indian Community declined to comment for this story, citing the sensitive nature of repatriations. A representative for the Salt River Pima-Maricopa Indian Community did not respond to requests for comment. State Sen. Theresa Hatathlie, D-Tuba City, is a member of the Navajo Nation and said she was not aware that Native American human remains had been stored at the state Capitol, but said it is “an absolute shame.” “Tribal members are very respectful of how they handle their loved ones' remains,” Hatathlie said. “It's a time of observance and reverence, and so each culture has a certain process in place, but for it to be held like this, it's denying that individual's spiritual process.” Although the federal act governs the repatriation of Native American remains at the federal level, Hatathlie said she thinks more needs to be done at the state level. Museums and institutions in the state can receive federal funding for repatriation efforts, but the state government does not offer any support for institutions – even those like Arizona State Museum that are considered state entities. According to state statute, the musdeum is Arizona’s official archaeological repository and is responsible for all human remains and artifacts that are unearthed on state or private land. Arizona State Museum is allowed by state law to charge for the handling and storage of those remains and artifacts, but it does not receive any specific funding from the state to carry out those duties. “Going forward, specifically for the state of Arizona, to put together a policy tied with consequences, I think that that's a process that needs to take place,” Hatathlie said of institutions that are noncompliant. She said the return of the two individuals who have been held at the Capitol Museum is a start, but she doesn’t want “people [to] think they can walk away with a clear conscience.” “It's an absolute shame that we are even having this conversation in this day and age,” Hatathlie said. “It goes right back down to the blatant disrespect to the Indigenous tribes of the state of Arizona and all over the U.S.”

"Unsettled examines the role of young American Jews in the Palestine solidarity movement and argues that their activism and commitment to ending the occupation and Israeli apartheid is a Jewish value, which is a necessary response to the changing conditions of American Jewish life in the twenty-first century"--

Through the perspectives of patients, providers, activists and lawmakers, the author, as the landscape of abortion rights continues to shift, forcing people to cross state lines to seek life-saving care, presents this timely examination of human rights, healthcare and economic and racial inequality in America.;"On June 24, 2022, Roe v. Wade was overturned, and the impact was immediate: by 2024, abortion was virtually unavailable or significantly restricted in 21 states. In Undue Burden, reporter Shefali Luthra traces the unforgettable stories of patients faced with one of the most personal decisions of their lives... A revelatory portrait of inequality in America, Undue Burden examines abortion not as a footnote or a political pawn, but as a basic human right, something worthy of our collective attention and with immense power to transform our lives, families, and futures"--

Visible protests reflect both continuity and change. This Element illustrates how protest around longstanding issues and grievances is punctuated by movement dynamics as well as broader cultural and institutional environments. The disability movement is an example of how activist networks and groups strategically adapt to opportunity and threat, linking protest waves to the development of issue politics. The Element examines sixty years of protest across numerous issue areas that matter for disability including social welfare, discrimination, transportation, healthcare, and media portrayals. Situating visible protest in this way provides a more nuanced picture of cycles of contention as they relate to political and organizational processes, strategies and tactics, and short-and-long-term outcomes. It also provides clues about why protest ebbs and flows, when and how protest matters, who it matters for, and for what.

Decades before the overturning of Roe v. Wade, pregnant people faced arrest and prosecution for supposed crimes against the fertilized eggs, embryos, and fetuses they gestated. The Pregnancy Police investigates the legal arguments undergirding these prosecutions and sheds much-needed light on the networks of health-care providers, social workers, and legal personnel participating in this ongoing surveillance and punishment of pregnant people. Drawing on detailed analyses of legislation, statements from prosecutors and law enforcement, and records from over a thousand arrest cases, Grace E. Howard traces the long history of state attempts to regulate and control people who have the capacity for pregnancy--from the early twentieth century's white supremacist eugenics to the end of Roe and the ever-increasing criminalization of abortion across the United States.

"Ordinary Injustice shows how the legal and judicial system is stacked against Latinos documenting the racial inequities in the system from the time of arrest and incarceration to final disposition and post-conviction experiences. The book chronicles the obstacles and injustices faced a young Latino student with no previous criminal record and how a simple, misdemeanor domestic violence case morphed into a very serious case with multiple felonies, and a life case without the possibility of parole"--

"Medicine, Power, and the Law demonstrates that criminal and civil justice interact with medicine and public health more than is presently understood. The book focuses on the role of healthcare practitioners and an array of other professionals across industries in identifying wrongdoers, reporting behavior, and testifying on behalf of the state or government agencies. It also covers circumstances in which law enforcement relies on medicine for evidence or support in ways that compromise medical ethics. By reporting or testifying as experts, a range of people, from specialist pediatricians to flight attendants, can have a life-changing impact on individuals in the name of public health or medicine. People who work in hospitals, social work settings, and even airlines, often contribute to wrongful and aggressive criminal and civil actions against society's most vulnerable people, including parents, older adults, and people living with poverty. The book explores a number of examples, including police use of medicine as a restraint or the collection of blood as evidence and the risks of opting out of certain scientific discoveries, such as pharmaceuticals. It describes the harms that may come to those who engage in suboptimal but generally heretofore legal child-raising behaviors, and people opting to live independently as older adults. These can lead to civil and criminal charges when noticed by those in a position of power. Medicine, Power, and the Law is an important contribution for researchers and practitioners in medicine, the law, and the expanding field of bioethics."

This book examines how those with disabilities, and in particular, the Deaf and hard-of-hearing, are impacted by the influence language and culture in policing, criminal law, and corrections. Frequently left out of policy making and research, almost no resources exist that can inform and aid law enforcement, legal, and correctional officials on culturally competent interactions with the Deaf and hard-of-hearing. As a result, this group is at a distinct disadvantage when dealing with law enforcement or the courts as well as being vastly underserved, which often lead to negative outcomes for the Deaf suspect/defendant/inmate as they attempt to interact with law enforcement and navigate the legal system. In a step-by-step presentation from arrest to incarceration each chapter will discuss a specific part of the legal system. As well as providing information on the topic, this book can serve as an important resource to the myriad of issues and difficulties that may be experiences by the Deaf suspect, defendant, or inmate, as well as by law enforcement officers, attorneys, and correctional officers. To illustrate these issues, previous cases of Deaf suspects, defendants, and inmates will be presented and discussed to clarify key issues and to provide a perspective of the problem. Each chapter dealing with these issues will also provide suggestions for more culturally competent interactions between the Deaf community and the legal system.

"A probing work of narrative history that reveals the hidden story of immigrant detention in the United States, deepening urgent national conversations around migration. In 2017, many Americans watched in horror as children were torn from their parents at the US-Mexico border under Trump's "family separation" policy. But as historian Ana Raquel Minian reveals in In the Shadow of Liberty, this was only the latest chapter in a saga tracing back to the 1800s--one in which immigrants to the United States have been held without recourse to their constitutional rights. Braiding together the vivid stories of four migrants seeking to escape the turmoil of their homelands for the promise of America, In the Shadow of Liberty gives this history a human face, telling the dramatic story of Central American asylum seeker, a Cuban exile, a European war bride, and a Chinese refugee. As we travel alongside these indelible characters, In the Shadow of Liberty explores how sites of rightlessness have evolved, and what their existence has meant for our body politic. Though these "black sites" exist out of view for the average American, their reach extends into all of our lives: the explosive growth of the for-profit prison industry traces its origins to the immigrant detention system, as does the emergence of Guantanamo and the gradual unraveling of the right to bail and the presumption of innocence. Through these narratives, we see how the changing political climate surrounding immigration has played out in individual lives, and at what cost. But as these stories demonstrate, it doesn't have to be like this, and a better way might be possible"--

"Subverting the narrative that the legal profession must be austere and controlled, this prescient how to guide addresses the crucial need for holistic, trauma-centred law teaching. It advocates for a healthier, more inclusive profession by identifying strategies to engage, and even encourage, emotions within legal education."-- Publisher's website.

"Treaties made in the 1800s between the United States and the Indigenous nations of what is now Wisconsin have had profound influence on the region's cultural and political landscape. Yet few people realize that in the early part of that century, the Menominee and Ho-Chunk Nations of Wisconsin signed land treaties with several Indigenous nations from New York State. At the onset of the removal era, these eastern nations, including the Oneida Nation and the Six Nations Confederacy, were under constant pressure from the federal government and land speculators to move to lands around Green Bay and Lake Winnebago. In this groundbreaking book, Carol A. Cornelius has compiled a careful account of these nation-to-nation treaties, in large part in the words of those Indigenous leaders who served as the voices and representatives of their nations. Drawing on a rich collection of primary sources, Cornelius walks readers through how, why, and for whom these treaties were made and how the federal government's failure and unwillingness to acknowledge their legitimacy led to the further loss of Indigenous lands. The living documents transcribed here testify to the complexity and sovereignty of Indigenous governance then and now, making this volume a vital resource for historians and an accessible introduction to Indigenous treatymaking in Wisconsin"--

"Robin Bernstein relates a bloody tale of race, murder, and injustice that forces us to rethink the origins and consequences of America's immoral system of prisons for profit. Bernstein brings to life the story of William Freeman, a free Black man who in 1840 was forced into unpaid labor as an inmate of Auburn State Prison in New York. After his release, he murdered four members of a white family, as revenge for the theft of his labor. His trial saw the crystallization of a nefarious ideology-the idea that African Americans are inherently criminal-yet it also shaped Auburn as an important node in the long battle for Black freedom"--

With expertise across politics and religion, two award-winning New York Times journalists show how the battle over Roe, no matter your view on abortion, symbolizes a miscarriage of the ideals America promised: democracy, morality and freedom, while inadvertently laying out a roadmap for how we might make our way forward in this new America.;From two top New York Times journalists, the breathtaking untold story of the plan to overturn Roe v. Wade and the consequences for women, abortion, and the future of America. In June 2022, Americans watched in shock as the Supreme Court reversed one of the nation's landmark rulings. For nearly a half century, Roe was synonymous with women's rights and freedoms. Then, suddenly, it was gone. In their groundbreaking book The Fall of Roe, Elizabeth Dias and Lisa Lerer reveal the explosive inside story of how it happened. Their investigation charts the shocking political and religious campaign to take down abortion rights and remake American families, womanhood, and the nation itself. Reeling from Barack Obama's 2012 landslide presidential victory -- and motivated by a spiritual mission -- a small but determined network of elite conservative Christian lawyers and powerbrokers worked quietly and methodically to keep their true cause alive: ending abortion rights. Thinking in generational terms, they devised a strategic, top-down takeover at every level of political and legal life, from little-known anti-abortion lobbyists in far flung statehouses to the arbiters of the constitution at the highest court in the land. Broad swaths of liberal America did not register the severity of the threat until it was far too late. At a moment when women had more power than ever before, the feminist movement suffered one of the greatest political defeats in American history.

"This work is a history of slavery, capitalism, and the law that not only reframes how we understand the commodification of enslaved people, but also makes a significant methodological and moral argument for how historians should seek to make sense of the lived experiences of enslaved people in the antebellum United States"--

The much-anticipated follow up to the groundbreaking anthology Disability Visibility: another revolutionary collection of first-person writing on the joys and challenges of the modern disability experience, and intimacy in all its myriad forms. What is intimacy? More than sex, more than romantic love, the pieces in this stunning and illuminating new anthology offer broader and more inclusive definitions of what it can mean to be intimate with another person. Explorations of caregiving, community, access, and friendship offer us alternative ways of thinking about the connections we form with others--a vital reimagining in an era when forced physical distance is at times a necessary norm. But don't worry: there's still sex to consider--and the numerous ways sexual liberation intersects with disability justice. Plunge between these pages and you'll also find disabled sexual discovery, disabled love stories, and disabled joy. These twenty-five stunning original pieces--plus other modern classics on the subject, all carefully curated by acclaimed activist Alice Wong--include essays, photo essays, poetry, drama, and erotica: a full spectrum of the dreams, fantasies, and deeply personal realities of a wide range of beautiful bodies and minds. Disability Intimacy will free your thinking, invigorate your spirit, and delight your desires

Through listening to kids in Massachusetts and Mississippi talk about growing up in the era of Trump, this book reveals what kids today think and feel about racism in the United States-and what this might mean for the future

Because of restrictive borders, human beings suffer and die. Closed borders force migrants seeking safety and dignity to journey across seas, trudge through deserts, and clamber over barbed wire. In the last five years alone, over 60,000 people have died or gone missing while attempting to cross a border. As we deny, cast out, and crack down, we have stripped borders of their potential--as lines of contact, catalyst, and blend--turning our thresholds into barricades. Brilliant and provocative, The Case for Open Borders deflates the mythology of national security through border lockdowns by revisiting their historical origins; it counters the conspiracies of immigration's economic consequences; it urgently considers the challenges of climate change beyond the boundaries of narrow national identities. This book grounds its argument in the experiences and thinking of those on the frontlines of the crisis, spanning the world to do so. In each chapter, John Washington profiles a character impacted by borders. He adds to those portraits provocative analyses of the economics and ethics of bordering, concluding that if we are to seek justice or sustainability we must fight for open borders. In recent years, important thinkers have begun to urge a different approach to migration, but no book has made the argument as accessible or as compelling. Washington's case shines with the voices of people on the move, a portrait of what a world with open borders will give to our common future.

The politics of domination with which the United States oppresses and exploits the Native Nations, is a violation of the intentions of the framers of the Constitution, and the meaning of the text itself. The arguments of the advocates of the genocide of the 1830s and their appeasers have come to determine the law, policy, and conduct of the United States, while the arguments of the opponents of what came to be known as the Trail of Tears have largely been forgotten, at least among non-Native people. By recovering these arguments, and allowing readers to explore large questions of law, justice, genocide, and politics in a context closely tethered to empirical evidence and careful argument, this book should facilitate more widespread understanding of the Native Nations' rights to their treaty-guaranteed dominion over their own lands and perhaps help open communication between the American people and the peoples of the Native Nations; communication on which the emergence of what Martin Luther King, Jr. called 'the beloved community' depends. Arguments over Genocide aims to reach a broad audience of college students, in courses on American History, Indigenous Studies, and the United States and the World, as well as in more specialized upper division courses on constitutional law, American/European imperialism, and resistance, independence, and decolonization movements. Individuals interested in the founding of the United States, in the Trail of Tears, and in 19th century American history should find the work compelling, as should legal practitioners in the field

Antiracism workshops and diversity policies have long been the response to racial tensions and incidents in corporations, schools, and nonprofit organizations. There is little evidence, however, that they create employment equity, reduce racial prejudice, or increase cross-cultural sensitivity. Sociologist Sarita Srivastava argues they often create more division and acrimony than progress. "Are You Calling Me a Racist?" reveals why these efforts have failed to effectively challenge racism and offers a new way forward. Drawing from her own experience as an educator and activist, as well as extensive interviews and analyses of contemporary events, Srivastava shows that racial encounters among well-meaning people are ironically hindered by the emotional investment they have in being seen as good people. Diversity workshops devote energy to defending, recuperating, educating, and inwardly reflecting, with limited results, and these exercises often make things worse. These "feel-good politics of race," Srivastava explains, train our focus on the therapeutic and educational, rather than on concrete practices that could move us toward true racial equity. In this type of approach to diversity training, people are more concerned about being called a racist than they are about changing racist behavior. "Are You Calling Me a Racist?" is a much-needed challenge to the status quo of diversity training, and will serve as a valuable resource for anyone dedicated to dismantling racism in their communities, educational institutions, public or private organizations, and social movements

This book examines how the law influences our most personal and private choices-who we desire and choose as intimate partners-and explores the psychological, economic, and social effects of these choices. It proposes ways to minimize law's influence over who we desire, love, and bring into our families, including changes to dating platforms, as well as housing, education, and transportation policies

Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyze frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.

An even-handed exploration of the polarized state of campus politics that suggests ways for schools and universities to encourage discourse across difference. College campuses have become flashpoints of the current culture war and, consequently, much ink has been spilled over the relationship between universities and the cultivation or coddling of young American minds. Philosopher Sigal R. Ben-Porath takes head-on arguments that infantilize students who speak out against violent and racist discourse on campus or rehash interpretations of the First Amendment. Ben-Porath sets out to demonstrate the role of the university in American society and, specifically, how it can model free speech in ways that promote democratic ideals. In Cancel Wars, she argues that the escalating struggles over “cancel culture,” “safe spaces,” and free speech on campus are a manifestation of broader democratic erosion in the United States. At the same time, she takes a nuanced approach to the legitimate claims of harm put forward by those who are targeted by hate speech. Ben-Porath’s focus on the boundaries of acceptable speech (and on the disproportional impact that hate speech has on marginalized groups) sheds light on the responsibility of institutions to respond to extreme speech in ways that proactively establish conversations across difference. Establishing these conversations has profound implications for political discourse beyond the boundaries of collegiate institutions. If we can draw on the truth, expertise, and reliable sources of information that are within the work of academic institutions, we might harness the shared construction of knowledge that takes place at schools, colleges, and universities against truth decay. Of interest to teachers and school leaders, this book shows that by expanding and disseminating knowledge, universities can help rekindle the civic trust that is necessary for revitalizing democracy.

Women lawyers still lag behind their male counterparts in leadership positions, according to Law360 Pulse's 2024 Women in Law Report.

The Women's Art Library began as an artists' initiative that developed into an arts organization publishing catalogues and books as well as a magazine from the early 1980s to 2002.