Charles Anthony Smith - Böcker

This collection presents a comprehensive engagement of issues of human rights in an increasingly globalized world. As the role of the rule of law has moved beyond the confines of the state and beyond the interactions of states, how and when law protects human rights has become a central issue of concern. These essays shed light on both the immediate and the long-term future of a variety of issues located at the intersection of globalized law and the protection of the rights of individuals. Here both top-down mechanisms and bottom-up mechanisms for the fulfilment of human rights are artfully explained. This volume presents frontiers of research in human rights in both substance and approach using a variety of methodologies to engage issues ranging from national court compliance, norm diffusion, and the role of the judiciary in fulfilling human rights to human trafficking, same-sex marriage, and judicial institution building through non-governmental organizations.This book was published as a special issue of the Journal of Human Rights.

Media and scholastic accounts describe a strong public opinion backlash—a sharply negative and enduring opinion change—against attempts to advance gay rights. Academic research, however, increasingly questions backlash as an explanation for opposition to LGBT rights. Elite-Led Mobilization and Gay Rights argues that what appears to be public opinion backlash against gay rights is more consistent with elite-led mobilization—a strategy used by anti-gay elites, primarily white evangelicals, seeking to prevent the full incorporation of LGBT Americans in the polity in order to achieve political objectives and increase political power. This book defines and tests the theory of Mass Opinion Backlash and develops and tests the theory of Elite-Led Mobilization by employing a series of online and natural experiments, surrounding the U.S. Supreme Court rulings in Obergefell v. Hodges and United States v. Windsor, and President Obama’s position change on gay marriage. To evaluate these theories, the authors employ extensive survey, voting behavior, and campaign finance data, and examine the history of the LGBT movement and its opposition by religious conservatives, from the Lavender Scare to the campaign against Trans Rights in the defeat of Houston’s 2015 HERO ordinance. Their evidence shows that opposition to LGBT rights is a top-down process incited by anti-gay elites rather than a bottom-up reaction described by public opinion backlash.

Media and scholastic accounts describe a strong public opinion backlash—a sharply negative and enduring opinion change—against attempts to advance gay rights. Academic research, however, increasingly questions backlash as an explanation for opposition to LGBT rights. Elite-Led Mobilization and Gay Rights argues that what appears to be public opinion backlash against gay rights is more consistent with elite-led mobilization—a strategy used by anti-gay elites, primarily white evangelicals, seeking to prevent the full incorporation of LGBT Americans in the polity in order to achieve political objectives and increase political power. This book defines and tests the theory of Mass Opinion Backlash and develops and tests the theory of Elite-Led Mobilization by employing a series of online and natural experiments, surrounding the U.S. Supreme Court rulings in Obergefell v. Hodges and United States v. Windsor, and President Obama’s position change on gay marriage. To evaluate these theories, the authors employ extensive survey, voting behavior, and campaign finance data, and examine the history of the LGBT movement and its opposition by religious conservatives, from the Lavender Scare to the campaign against Trans Rights in the defeat of Houston’s 2015 HERO ordinance. Their evidence shows that opposition to LGBT rights is a top-down process incited by anti-gay elites rather than a bottom-up reaction described by public opinion backlash.

This collection presents a comprehensive engagement of issues of human rights in an increasingly globalized world. As the role of the rule of law has moved beyond the confines of the state and beyond the interactions of states, how and when law protects human rights has become a central issue of concern. These essays shed light on both the immediate and the long-term future of a variety of issues located at the intersection of globalized law and the protection of the rights of individuals. Here both top-down mechanisms and bottom-up mechanisms for the fulfilment of human rights are artfully explained. This volume presents frontiers of research in human rights in both substance and approach using a variety of methodologies to engage issues ranging from national court compliance, norm diffusion, and the role of the judiciary in fulfilling human rights to human trafficking, same-sex marriage, and judicial institution building through non-governmental organizations.This book was published as a special issue of the Journal of Human Rights.

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.

This book is the first comprehensive analysis of the politics of war crimes trials. It provides a systematic and theoretically rigorous examination of whether these trials are used as tools for political consolidation or whether justice is their primary purpose. The consideration of cases begins with the trial of Charles I of England and goes through the presidency of George W. Bush, including the trials of Saddam Hussein and those arising from the War on Terror. The book concludes that political consolidation is the primary concern of these trials - a point that runs contrary to the popular perception of the trials and their stated justification. Through the consideration of war crimes trials, this book makes a contribution to our understanding of power and conflict resolution and illuminates the developmental path of war crimes tribunals.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

This book considers the political and constitutional consequences of Vieth v. Jubelirer (2004), where the Supreme Court held that partisan gerrymandering challenges could no longer be adjudicated by the courts. Through a rigorous scientific analysis of US House district maps, the authors argue that partisan bias increased dramatically in the 2010 redistricting round after the Vieth decision, both at the national and state level. From a constitutional perspective, unrestrained partisan gerrymandering poses a critical threat to a central pillar of American democracy, popular sovereignty. State legislatures now effectively determine the political composition of the US House. The book answers the Court's challenge to find a new standard for gerrymandering that is both constitutionally grounded and legally manageable. It argues that the scientifically rigorous partisan symmetry measure is an appropriate legal standard for partisan gerrymandering, as it logically implies the constitutional right to individual equality and can be practically applied.

State legislatures are tasked with drawing state and federal districts and administering election law, among many other responsibilities. Yet state legislatures are themselves gerrymandered. This book examines how, why, and with what consequences, drawing on an original dataset of ninety-five state legislative maps from before and after 2011 redistricting. Identifying the institutional, political, and geographic determinants of gerrymandering, the authors find that Republican gerrymandering increased dramatically after the 2011 redistricting and bias was most extreme in states with racial segregation where Republicans drew the maps. This bias has had long-term consequences. For instance, states with the most extreme Republican gerrymandering were more likely to pass laws that restricted voting rights and undermined public health, and they were less likely to respond to COVID-19. The authors examine the implications for American democracy and for the balance of power between federal and state government; they also offer empirically grounded recommendations for reform.

Reveals the underexplored politics and activism of non-traditional sexual minoritiesOver the past four decades, there has been significant research focused on the political and social lives of lesbian, gay, and transgender (LGT) individuals, exploring how these sexual communities interact with politicians and voters who identify as straight. However, due to society's binary view of sexuality, this research has overlooked non-traditional sexual minorities.To address this omission, The Politics of Perverts delves into the political attitudes and activities of individuals who identify with non-traditional sexual orientations and practices, such as Polyamory, BDSM, the Furry Fandom, Nudism, and the large bisexual population within these communities. These groups face similar discrimination, stigma, and lack of legal protections in various aspects of life.The authors shed light on the political identities, affiliations, and attitudes of these communities in theUnited States, revealing how sexuality and politics are even more deeply intertwined at the margins of society. Despite facing challenges, these communities actively engage in political discussions and activities in hopes of fostering greater inclusivity, better representation, and more informed policies.

Reveals the underexplored politics and activism of non-traditional sexual minoritiesOver the past four decades, there has been significant research focused on the political and social lives of lesbian, gay, and transgender (LGT) individuals, exploring how these sexual communities interact with politicians and voters who identify as straight. However, due to society's binary view of sexuality, this research has overlooked non-traditional sexual minorities.To address this omission, The Politics of Perverts delves into the political attitudes and activities of individuals who identify with non-traditional sexual orientations and practices, such as Polyamory, BDSM, the Furry Fandom, Nudism, and the large bisexual population within these communities. These groups face similar discrimination, stigma, and lack of legal protections in various aspects of life.The authors shed light on the political identities, affiliations, and attitudes of these communities in theUnited States, revealing how sexuality and politics are even more deeply intertwined at the margins of society. Despite facing challenges, these communities actively engage in political discussions and activities in hopes of fostering greater inclusivity, better representation, and more informed policies.

Case studies explore how women’s rights shape state responses to sex trafficking and show how politically empowering women can help prevent and combat human traffickingHuman trafficking for the sex trade is a form of modern-day slavery that ensnares thousands of victims each year, disproportionately affecting women and girls. While the international community has developed an impressive edifice of human rights law, these laws are not equally recognized or enforced by all countries. Sex Trafficking and Human Rights demonstrates that state responsiveness to human trafficking is shaped by the political, social, cultural, and economic rights afforded to women in that state. While combatting human trafficking is a multiscalar problem with a host of conflating variables, this book shows that a common theme in the effectiveness of state response is the degree to which women and girls are perceived as, and actually are, full citizens. By analyzing human trafficking cases in India, Thailand, Russia, Nigeria, and Brazil, they shed light on the factors that make some women and girls more susceptible to traffickers than others. This important book is both a call to understanding and a call to action: if the international community and state governments are to responsibly and effectively combat human trafficking, they must center the equality of women in national policy.