Discrimination

The book that helped free an innocent man who had spent twenty-seven years on death row.
 
In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim’s body was found, he was tried, convicted, and sentenced to death.
 
Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. After attending the University of Texas School of Law, Holt was eager to help the disenfranchised and voiceless; she herself had been a childhood victim of abuse. It required little scrutiny for Holt to discern that Elmore’s case—plagued by incompetent court-appointed defense attorneys, a virulent prosecution, and both misplaced and contaminated evidence—reeked of injustice. It was the cause of a lifetime for the spirited, hardworking lawyer. Holt would spend more than a decade fighting on Elmore’s behalf.
 
With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt’s battle to save Elmore’s life and shows us how his case is a textbook example of what can go wrong in the American justice system. He reviews police work, evidence gathering, jury selection, work of court-appointed lawyers, latitude of judges, iniquities in the law, prison informants, and the appeals process. Throughout, the actions and motivations of both unlikely heroes and shameful villains in our justice system are vividly revealed.           
 
Moving, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation’s ongoing, increasingly important debate about inequality and the death penalty.

The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions.

The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.

What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.

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For well over a decade, critical race theory—the school of thought that holds that race lies at the very nexus of American life—has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history.

And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.

This exceptionally cohesive casebook earned its best-selling status by introducing and adhering to a rigorous conceptual structure for the study of all aspects of employment discrimination. Its hallmark is its integration of the statutes and developing precedents with a wide array of theoretical perspectives.

Drawing on the expertise of its highly regarded authors, Cases and Materials on Employment Discrimination, Seventh Edition, offers:

an effective combination of cases, notes, and problems

a balance of lower and Supreme Court cases, as well as statutory material

a conceptual framework that becomes a tool for understanding how discrimination is defined and how it is proven in the course of litigation

broad coverage that includes race, sex, age, gender, religion, and disability

an annual statutory supplement by the authors-a useful reference source, available for purchase
a regularly updated website featuring new materials as they emerge

expanded and revised Teacher s Manual

The Seventh Edition offers:

new structure for proving individual disparate treatment cases in the wake of Desert Palace

an integrated treatment of the emerging cognitive bias literature and its impact on the la
analysis of Ledbetter s impact on time limitations

recognition of revived interest in class actions as a result of Dukes v. Wal-Mart

notes edited for greater student accessibility and emphasizing cutting edge issues

Now updated and revised to be shorter, streamlined, and more student-friendly, the Seventh Edition continues to be the best choice for teaching Employment Discrimination Law.

A nationally known arbitrator in various employment-related disputes, Twomey offers insight from his on-the-job knowledge. This concise guide to employment discrimination and related laws raises awareness of issues in the workplace, enabling managers to provide the informed leadership necessary for a discrimination- and harassment-free working environment. It includes updates on emerging employment and discrimination issues, such as Supreme Court rulings on sexual harassment and the ADA’s narrowing scope of coverage. Employment Discrimination Law discusses factors important in determining when individuals are considered employees covered under the NLRA and when they are unprotected independent contractors. Appendices offer excerpts from the EEOC's Guidance on Vicarious Employer Liability for Harassment by Supervisors and from the EEOC Guidance to Field Offices on ADA Charges.

"It hurts to be beautiful" has been a cliche for centuries. What has been far less appreciated is how much it hurts not to be beautiful. The Beauty Bias explores our cultural preoccupation with attractiveness, the costs it imposes, and the responses it demands.

Beauty may be only skin deep, but the damages associated with its absence go much deeper. Unattractive individuals are less likely to be hired and promoted, and are assumed less likely to have desirable traits, such as goodness, kindness, and honesty. Three quarters of women consider appearance important to their self image and over a third rank it as the most important factor.

Although appearance can be a significant source of pleasure, its price can also be excessive, not only in time and money, but also in physical and psychological health. Our annual global investment in appearance totals close to $200 billion. Many individuals experience stigma, discrimination, and related difficulties, such as eating disorders, depression, and risky dieting and cosmetic procedures. Women bear a vastly disproportionate share of these costs, in part because they face standards more exacting than those for men, and pay greater penalties for falling short.

The Beauty Bias explores the social, biological, market, and media forces that have contributed to appearance-related problems, as well as feminism's difficulties in confronting them. The book also reviews why it matters. Appearance-related bias infringes fundamental rights, compromises merit principles, reinforces debilitating stereotypes, and compounds the disadvantages of race, class, and gender. Yet only one state and a half dozen localities explicitly prohibit such discrimination. The Beauty Bias provides the first systematic survey of how appearance laws work in practice, and a compelling argument for extending their reach. The book offers case histories of invidious discrimination and a plausible legal and political strategy for addressing them. Our prejudices run deep, but we can do far more to promote realistic and healthy images of attractiveness, and to reduce the price of their pursuit.

Winner of the 2011 PASS (Prevention for a Safer Society) Award from the National Council on Crime and Delinquency

A groundbreaking work that turns a “queer eye” on the criminal legal system, Queer (In)Justice is a searing examination of queer experiences—as “suspects,” defendants, prisoners, and survivors of crime. The authors unpack queer criminal archetypes—like “gleeful gay killers,” “lethal lesbians,” “disease spreaders,” and “deceptive gender benders”—to illustrate the punishment of queer expression, regardless of whether a crime was ever committed. Tracing stories from the streets to the bench to behind prison bars, they prove that the policing of sex and gender both bolsters and reinforces racial and gender inequalities. 

Foundations of Employment Discrimination Law, part of the Interdisciplinary Readers in Law Series, looks at the moral and philosophical issues of employment and discrimination, featuring readings from Isaiah Berlin, Owen Fiss, and Milton Friedman. It covers the general development of the law, and devotes a section each to race discrimination, sex discrimination, and age and disability discrimination. Within each section Donohue considers the theories, economic issues, and the impact of the law, and includes a selection of critical perspectives.