Civil Rights

Covering: The Hidden Assault on Our Civil Rights

In this remarkable and elegant work, acclaimed Yale Law School professor Kenji Yoshino fuses legal manifesto and poetic memoir to call for a redefinition of civil rights in our law and culture.

Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life.
Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity.
At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart.
Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future.

“This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author of Nickel and Dimed

“Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose, Covering quite literally brings the law to life. The result is a book about our
public and private selves as convincing to the spirit as it is to the
mind.” -Adam Haslett, author of You Are Not A Stranger Here

“Kenji Yoshino's work is often moving and always clarifying. Covering elaborates an original, arresting account of identity and authenticity in American culture.”
-Anthony Appiah, author of The Ethics of Identity and Laurance S. Rockefeller University Professor Of Philosophy at Princeton University

“This stunning book introduces three faces of the remarkable Kenji Yoshino: a writer of poetic beauty; a soul of rare reflectivity and decency; and a brilliant lawyer and scholar, passionately committed to uncovering human rights. Like W.E.B. DuBois's The Souls of Black Folk and Betty Friedan's The Feminine Mystique, this book fearlessly blends gripping narrative with insightful analysis to further the cause of human emancipation. And like those classics, it should explode into America's consciousness.”
-Harold Hongju Koh Dean, Yale Law School and former Assistant Secretary of State for Human Rights

“Covering is a magnificent work - so eloquently and powerfully written I literally could not put it down. Sweeping in breadth, brilliantly argued, and filled with insight, humor, and erudition, it offers a fundamentally new perspective on civil rights and discrimination law. This extraordinary book is many things at once: an intensely moving personal memoir; a breathtaking historical and cultural synthesis of assimilation and American equality law; an explosive new paradigm for transcending the morass of identity politics; and in parts, pure poetry. No one interested in civil rights, sexuality, discrimination - or simply human flourishing - can afford to miss it.”
-Amy Chua, author of World on Fire

“In this stunning, original book, Kenji Yoshino demonstrates that the struggle for gay rights is not only a struggle to liberate gays---it is a struggle to free all of us, straight and gay, male and female, white and black, from the pressures and temptations to cover vital aspects of ourselves and deprive ourselves and others of our full humanity. Yoshino is both poet and lawyer, and by joining an exquisitely observed personal memoir with a historical analysis of civil rights, he shows why gay rights is so controversial at present,
why “covering” is the issue of contention, and why the “covering demand,” universal in application, is the civil rights issue of our time. This is a beautifully written, brilliant and hopeful book, offering a new understanding of what is at stake in our fight for
human rights.”
-Carol Gilligan, author of In a Different Voice


From the Hardcover edition.

Kafka Comes to America: Fighting for Justice in the War on Terror - A Public Defender's Inside Account

“OUR GOVERNMENT CAN MAKE YOU DISAPPEAR.”

Those were words Steven T. Wax never imagined he would hear himself say. In his thirty-four years as a lawyer, Wax didn’t have to warn a client that he or she might be taken away to a military brig, or worse, a “black site,” one of our country’s dreaded secret prisons. So how had we come to this? The disappearance of people happens in places ruled by tyrants, military juntas, fascist strongmen–governments with such contempt for the rule of law that they strip their citizens of all rights. But in America?

Under the Bush administration, not only have the civil rights of foreigners been in jeopardy, but also those of U.S. citizens. In Kafka Comes to America, Wax interweaves the stories of two men he represented who were caught up in our government’s post-9/11 counterterrorism measures. Brandon Mayfield, an American-born, small-town lawyer and family man, was arrested as a terrorist suspect in the Madrid train station bombings after a fingerprint was mistakenly traced back to him by the FBI. Adel Hamad, a Sudanese hospital administrator working in Pakistan, was taken from his apartment and flown in chains to the United States military prison in Guantánamo Bay, Cuba, for no substantiated reason. Kafka Comes to America reveals where and how our civil liberties have been eroded in favor of a false security, and how each of us can make a difference. If these events could happen to Brandon Mayfield and Adel Hamad, they could happen to anyone. They could happen to you.

Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality

Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education.

The Future of Reputation: Gossip, Rumor, and Privacy on the Internet

What Would Martin Say?

On April 4, 1968, the Reverend Martin Luther King Jr. was assassinated on the balcony of the Lorraine Motel in Memphis, Tennessee, depriving the world of one of the greatest moral authorities of the twentieth century. He was thirty-nine. King had achieved so much at such a young age that it is hard to believe that he has been gone longer than the brief time he spent on this earth. He spoke out not only on segregation and racism against African Americans, but about many other issues of the day, from police brutality and labor strikes to the Vietnam War. Given the current state of the world, we would all benefit from hearing Martin's voice, if only he were alive today. . . .

If anyone would have insight into what Martin would say, it would be Clarence B. Jones, King's personal lawyer and one of his closest principal advisers and confidants. Jones—now seventy-seven, has chosen the occasion of this somber anniversary to break his silence—removing the mythic distance of forty years' time to reveal the flesh-and-blood man he knew as his friend, Martin. Jones ponders what the outspoken rights leader would say about the serious issues that bedevil contemporary America: Islamic terrorism and the war in Iraq, reparations for slavery, anti-Semitism, affirmative action, illegal immigration, and the vacuum of African American leadership. Delving deep into his memories of the man he worked closely beside, and with help from the King Institute at Stanford University and reams of formerly top-secret and now declassified FBI files, Jones offers the guidance and insight his friend and mentor would have provided for us in these troubled times.

Many Americans today know of Martin Luther King only from video clips and history books. As Jones so aptly reminds us, this legendary figure was also a warm human being full of life—and more relevant now than ever.

No Pity : People with Disabilities Forging a New Civil Rights Movement

People with disabilities forging the newest and last human rights movement of the century.

International Human Rights in Context: Law, Politics, Morals

This widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. International Human Rights in Context, Third Edition, thoroughly covers the basic characteristics of international law; evolution of the human rights movement; civil, political, economic, and social rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativism; intergovernmental and nongovernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism.
Extensively revised and restructured, this third edition incorporates new themes and topics including human rights in relation to terrorism and national security; responsibility of non-state actors for human rights violations; recent substantial changes in sources and processes of international law; achieved and potential reform within UN human rights institutions; and theories about international organizations and their influence on state behavior. It is also accompanied by a website housing the Annex of Documents.
Its scope, challenging enquiries, and clarity make International Human Rights in Context, Third Edition, an indispensable resource for human rights students, scholars, advocates, and practitioners alike.

Criminal Law Handbook: Know Your Rights, Survive the System

No one's above the law, but nearly everyone breaks it at some point or another. Whether it's flashing lights pulling you over to the side or an auditor looking grimly through your tax receipts, there may come a time when you'll want to know more, in a personal sort of way, about arraignments and voir dire, habeas corpus, and just how bail works. Lawyers Bergman and Berman-Barrett cover it all in a straightforward, uncomplicated manner. Addressing police questioning and the law of search and seizure, criminal defense options and common defense strategies, acceptable courtroom behavior, basic criminal trial rules, and a walk through the trial process to parole, this is a strikingly accessible tome of information one hopes to never need. But in the event that you do, it's here and available in the kind of language you can understand and the wealth of detail and example you can use. --Stephanie Gold

The best plain-English book on criminal law available!

The criminal justice system is a complex maze, full of confusing rules and procedures. Fortunately, you can turn to this book for clear and complete explanations.

The Criminal Law Handbook answers your questions about every part of a criminal case. Find out everything you've ever wanted to know about how the system works and why police, lawyers and judges do what they do. It covers:

Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse (Studies in Crime and Public Policy)

At no time in history, and certainly in no other democratic society, have prisons been filled so quickly and to such capacity than in the United States. And nowhere has this growth been more concentrated than in the disadvantaged--and primarily minority--neighborhoods of America's largest urban cities. In the most impoverished places, as much as 20% of the adult men are locked up on any given day, and there is hardly a family without a father, son, brother, or uncle who has not been behind bars.
While the effects of going to and returning home from prison are well-documented, little attention has been paid to the impact of removal on neighborhoods where large numbers of individuals have been imprisoned. In the first detailed, empirical exploration of the effects of mass incarceration on poor places, Imprisoning Communities demonstrates that in high doses incarceration contributes to the very social problems it is intended to solve: it breaks up family and social networks; deprives siblings, spouses, and parents of emotional and financial support; and threatens the economic and political infrastructure of already struggling neighborhoods. Especially at risk are children who, research shows, are more likely to commit a crime if a father or brother has been to prison. Clear makes the counterintuitive point that when incarceration concentrates at high levels, crime rates will go up. Removal, in other words, has exactly the opposite of its intended effect: it destabilizes the community, thus further reducing public safety.
Demonstrating that the current incarceration policy in urban America does more harm than good, from increasing crime to widening racial disparities and diminished life chances for youths, Todd Clear argues that we cannot overcome the problem of mass incarceration concentrated in poor places without incorporating an idea of community justice into our failing correctional and criminal justice systems.

Exporting American Dreams: Thurgood Marshall's African Journey

Thurgood Marshall became a living icon of civil rights when he argued Brown v. Board of Education before the Supreme Court in 1954. Six years later, he was at a crossroads. A rising generation of activists were making sit-ins and demonstrations rather than lawsuits the hallmark of the civil rights movement. What role, he wondered, could he now play? When in 1960 Kenyan independence leaders asked him to help write their constitution, Marshall threw himself into their cause. Here was a new arena in which law might serve as the tool with which to forge a just society.
In Exporting American Dreams , Mary Dudziak recounts with poignancy and power the untold story of Marshall's journey to Africa. African Americans were enslaved when the U.S. constitution was written. In Kenya, Marshall could become something that had not existed in his own country: a black man helping to found a nation. He became friends with Kenyan leaders Tom Mboya and Jomo Kenyatta, serving as advisor to the Kenyans, who needed to demonstrate to Great Britain and to the world that they would treat minority races (whites and Asians) fairly once Africans took power. He crafted a bill of rights, aiding constitutional negotiations that helped enable peaceful regime change, rather than violent resistance.
Marshall's involvement with Kenya's foundation affirmed his faith in law, while also forcing him to understand how the struggle for justice could be compromised by the imperatives of sovereignty. Marshall's beliefs were most sorely tested later in the decade when he became a Supreme Court Justice, even as American cities erupted in flames and civil rights progress stalled. Kenya's first attempt at democracy faltered, but Marshall's African journey remained a cherished memory of a time and a place when all things seemed possible.