The occurrence in some criminal cases of "cultural defenses" on behalf of "minority" defendants has stirred much debate. This book is the first to illuminate how "cultural evidence" — i.e., "evidence" regarding ethnicity — is actually negotiated by attorneys, expert/lay witnesses, and defendants in criminal trials. Caroline Braunmühl demonstrates that this has occurred, overwhelmingly, in ways shaped by colonialist and patriarchal discourses common in the Western world. She argues that the controversy regarding the legitimacy of a "cultural defense" has tended to obscure this fact, and has been biased against minorities as well as all women from its inception, in the very terms in which the question for debate has been framed. This study also breaks new ground by analyzing the strategies, and the failures, in which colonialist and patriarchal constructions of cultural evidence are resisted or — more commonly — colluded in by opposing attorneys, witnesses, and defendants themselves. The constructions at hand emerge as contradictory and unstable, belying the notion that cultural evidence is a matter of objective "information" about another culture, rather than — as Braunmühl argues — of discourses that are inevitably normatively charged. Colonial Discourse and Gender in US Criminal Courts moves the debate about cultural defenses onto an entirely new plane, one based upon the understanding that only in-depth empirical analyses informed by critical, rigorous theoretical reflection can do justice to the irreducibly political character of any discussion of "cultural evidence," and of its presentation in court.

What is the status of indigenous religious rights in the world today? Despite important legal advances in the protection of indigenous religious beliefs and practices at the international and national levels, there are still many obstacles to the full implementation of these provisions. Using a unique large-scale comparative approach, this book aims to identify the fundamental issues that characterize the law of indigenous religions in several countries, as well as certain avenues that may prove useful in state implementation of the provisions of the United Nations Declaration on the Rights of Indigenous Peoples regarding practice, promotion, transmission, protection, and access to spiritual heritage.

Fast growing in population, African immigrants in the United States have become a significant force, to the point that the idea of a new African diaspora is now a reality. This thriving community has opened new arenas of scholarly discourse on Black Atlantic history beyond the trans-Atlantic slave trade and its legacies. This book investigates the complex dynamic forces that have shaped, and continue to shape, this new diaspora. In eleven original essays, the volume examines pertinent themes, such as: immigration, integration dilemmas, identity construction, brain drain, remittances, expanding African religious space, and how these dynamics impact and intersect with the African homeland. With contributors from both sides of the Atlantic that represent a diverse range of academic disciplines, this book offers a broad perspective on emerging themes in contemporary African diasporan experiences. The book will be of interest to scholars and students of African and African-American Studies, Sociology, and History.