From Privileges to Rights connects the changing fortunes of tradesmen in early New York to the emergence of a conception of subjective rights that accompanied the transition to a republican and liberal order in eighteenth-century America. Tradesmen in New Amsterdam occupied a distinct social position and, with varying levels of success, secured privileges such as a reasonable reward and the exclusion of strangers from their commerce. The struggle to maintain these privileges figured in the transition to English rule as well as Leisler's Rebellion. Using hitherto unexamined records from the New York City Mayor's Court, Simon Middleton also demonstrates that, rather than merely mastering skilled crafts in workshops, artisans participated in whatever enterprises and markets promised profits with a minimum of risk. Bakers, butchers, and carpenters competed in a bustling urban economy knit together by credit that connected their fortunes to the Atlantic trade. In the early eighteenth century, political and legal changes diminished earlier social distinctions and the grounds for privileges, while an increasing reliance on slave labor stigmatized menial toil. When an economic and a constitutional crisis prompted the importation of radical English republican ideas, artisans were recast artisans as virtuous male property owners whose consent was essential for legitimate government. In this way, an artisanal subject emerged that provided a constituency for the development of a populist and egalitarian republican political culture in New York City.

Based on the testimony of people with psychiatric disabilities (PD). These recommendations emphasize the principle that people with PD have the right to expect that they will be treated according to the principles of law that apply to all other citizens. All laws & policies that restrict the rights of people with PD simply because of their disabilities are inharmonious with basic principles of law & justice, as well as with such civil rights laws as the ADA. Chapters: when helping hurts; creating new lives: independent housing, economic supports, meaningful work; patients' rights: parity, alternatives, inclusion; criminal justice; & a zillion forms & still no civil rights.

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the center of most of the country's constitutional controversies, not only during Reconstruction, but in the modern period as well; yet for a variety of historical reasons, including precedent-setting narrow interpretations, the Privileges or Immunities Clause has been cast aside by the Supreme Court. This book investigates the Clause in a textualist-originalist manner, an approach increasingly popular among both academics and judges, to examine the meanings actually expressed by the text in its original context. Arguing for a revival of the Privileges or Immunities Clause, author Christopher Green lays the groundwork for assessing the originalist credentials of such areas of law as school segregation, state action, sex discrimination, incorporation of the Bill of Rights against states, the relationship between tradition and policy analysis in assessing fundamental rights, and the Fourteenth Amendment rights of corporations and aliens. Thoroughly argued and historically well-researched, this book demonstrates that the Privileges or Immunities Clause protects liberty and equality, and it will be of interest to legal academics, American legal historians, and anyone interested in American constitutional history.

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Throughout history, kings and emperors have promised “freedoms” to their people. Yet these freedoms were really only permissions handed down from on high. The American Revolution inaugurated a new vision: people have basic rights to life, liberty, and the pursuit of happiness, and government must ask permission from them. Sadly, today’s increasingly bureaucratic society is beginning to turn back the clock and to transform America into a nation where our freedoms—the right to speak freely, to earn a living, to own a gun, to use private property, even the right to take medicine to save one’s own life—are again treated as privileges the government may grant or withhold at will. Timothy Sandefur examines the history of the distinction between rights and privileges that played such an important role in the American experiment, and how we can fight to retain our freedoms against the growing power of government. Illustrated with dozens of real-life examples—including many cases he litigated himself—Sandefur shows how treating freedoms as government-created privileges undermines our Constitution and betrays the basic principles of human dignity.