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    Practice What You Preach: Global Human Rights Leadership Begins at Home
    John Shattuck and Kathryn Sikkink. 4/20/2021. “Practice What You Preach: Global Human Rights Leadership Begins at Home .” Foreign Affairs, May/ June 4/20/2021. Read the article. Abstract

    The international standing of the United States has taken a serious hit over the past four years. Former U.S. President Donald Trump’s strident “America first” foreign policy is partly to blame, but so are his attacks on democracy and human rights, both internationally and domestically. Abroad, Trump set the cause of human rights back by embracing authoritarians and alienating democratic allies. At home, he launched an assault on the electoral process, encouraged a failed insurrection at the U.S. Capitol, and systematically undermined civil rights protections, leaving his successor to grapple with multiple, overlapping human rights crises. As if that were not enough, a host of other problems await, from the pandemic to increasing competition with China and the overall decline of American power.

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    Privacy, Personal Data, and Surveillance
    John Shattuck and Mathias Risse. 2/26/2021. “Privacy, Personal Data, and Surveillance.” Reimagining Rights and Responsibilities in the United States, 016. See full text.Abstract

    Privacy has always been one of the most precarious rights of American life because it lacks clear protections in the U.S. Constitution. The right to privacy is under attack in this moment in our history like no other previous moment. Privacy defenders are attempting to fight a two-front war, as increasing incursions are made by private industry and government law enforcement.

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    Hate Crimes
    John Shattuck and Mathias Risse. 2/22/2021. “Hate Crimes.” Reimagining Rights and Responsibilities in the United States, 015. See full text.Abstract

    The Department of Justice began prosecuting federal hate crimes cases after the enactment of the Civil Rights Act of 1968. Thus, the literature on hate crime is new, though rapidly growing. The first American use of the term “hate crime” emerged during the Civil Rights Movement in the second half of the 20th century.  The term typically refers to bias-motivated violence. But the variation in hate crimes laws and data collection policies per state has created disparities in protection against hate crimes, which leaves people vulnerable depending on where they live. Without proper hate crime statutes and data collection, it is difficult to know the true nature and magnitude of the problem of hate crimes in the United States. In order to allocate resources and deter future hate crimes, law enforcement agencies need to understand the problem at hand. 

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    Religious Freedom
    John Shattuck and Mathias Risse. 2/19/2021. “Religious Freedom.” Reimagining Rights and Responsibilities in the United States, 014. Read full text.Abstract

    The complicated relationship of religion and government predates the founding of the United States. The Founders grappled with this dilemma for years before compromising on the final language of the First Amendment. Even then, the issue was far from settled: the US has struggled since its founding to reconcile the right of religious freedom with the reality of governing a pluralist democracy with an increasingly diverse population. 


    Today, a struggle over the scope of religious freedom is taking place in politics, the courts, and across American society. Claims of religious freedom are increasingly receiving preferential treatment in both political discourse and in the courts when religious beliefs come into conflict with other rights. That is particularly true for women’s reproductive rights and the rights of individuals to non-discrimination on the basis of their sexual identity. 


    At the same time, a controversy has emerged over the meaning of the Establishment Clause of the First Amendment, in which recent Supreme Court cases have pitted the prohibition on establishment of religion against the right of religious free exercise. The central question over religious rights today is how to strike an appropriate balance between rights when they come into conflict. This question has troubled the American Republic since its formation.
     

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    Freedom of Speech and Media
    John Shattuck and Mathias Risse. 2/15/2021. “Freedom of Speech and Media.” Reimagining Rights and Responsibilities in the United States, 013. See full text.Abstract

    The First Amendment guarantees some of the most fundamental rights provided to Americans under the Constitution. The right to free expression is a foundational tenet of American values. In fact, it was the First Amendment rights to freedom of speech and the press that provided much of the basis for the revolution that led to America’s founding. The First Amendment provides broad protection from government censure of speech, although limitations on some forms of published or broadcast speech, such as obscenity and hate speech, have been allowed. 

    As the traditional public square governed and protected by federal regulation moves online to spaces governed by private corporations, the rules for how speech is both expressed and censored are also changing. How should legal protections for speech adapt to these new tech-powered, private forums? This chapter will explore the current landscape of free speech and the associated information landscape as well as the threats that they face. 

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    Gun Rights and Public Safety
    John Shattuck and Mathias Risse. 2/12/2021. “Gun Rights and Public Safety.” Reimagining Rights and Responsibilities in the United States, 12. See full text. Abstract

    In March 2018, hundreds of thousands of young people walked out of school and marched on their local statehouses and on the U.S. Capitol in Washington, D.C., to advocate for stricter controls on gun sales and ownership. The March for Our Lives was initially organized by students at Margery Stoneman Douglas High School in Parkland, Florida, where a school shooting had killed 17 students. Collectively, the marches were the largest-ever protest against gun violence, and one of the largest protests of any kind in American history.

     

    The growing consensus over the need for some “common-sense” gun laws to regulate the sale and ownership of firearms stands in sharp contrast to the incendiary rhetoric of the National Rifle Association, which has sounded the alarm in recent years that Democrats are coming to “take away” guns or institute a national registry of firearm ownership. Indeed, the reasonableness on both sides of the debate implies that there is a middle-ground that can be achieved to limit gun violence in the United States, while still allowing for responsible ownership of firearms for hunting, sport shooting, and personal protection. 

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    Criminal Justice and Public Safety
    John Shattuck and Mathias Risse. 2/10/2021. “Criminal Justice and Public Safety.” Reimagining Rights and Responsibilities in the United States, 011. See full text.Abstract

    Starting with the Nixon administration in the early 1970s, and gaining steam throughout the next decade, the prevailing view on criminal justice was that “tough on crime laws make crime rates go down.” That sentiment was predicated on the notion that criminals were not being sufficiently punished for their offenses, and that sentences must be increased—including mandatory minimums and “three strikes laws”—both to remove criminals from communities, and to deter others from committing crimes. The incarceration rate more than tripled between 1980 and its peak in 2008, from 310 to 1,000 prisoners per 100,000 adults—some 2.3 million people in all. Today, the United States leads the world in incarceration, with a rate more than 4 times that of comparable democracies in Western Europe.

    Reform of the criminal justice system must take into account each stage of the process, respecting the due process rights of individuals throughout their interaction with the system while at the same time bringing criminals to justice and improving overall public safety.

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    Immigration
    John Shattuck and Mathias Risse. 2/4/2021. “Immigration.” Reimagining Rights and Responsibilities in the United States, 10. See full text.
    Equal Access to Public Goods and Services
    John Shattuck and Mathias Risse. 2/2/2021. “Equal Access to Public Goods and Services.” Reimagining Rights and Responsibilities in the United States, 009. See full text.Abstract

    A right of equal access to public goods and services is rooted in the rights to ‘Life, Liberty, and the pursuit of Happiness.’ With these rights, the Declaration of Independence asserts the concept of equality as a founding principle, while nearly a century later in the nation’s “second founding” after the Civil War, the 14th Amendment to the Constitution goes further in guaranteeing equal protection of the law. These documents create the principle from which a right of equal access is derived, including access to education, health care, housing, and environmental protection.

    Throughout American history, the concepts of liberty and equality have been intertwined but also conflicted. 

    Current trends within public education, health care, housing, and environmental protection reflect burgeoning disparities in opportunity. Public policy in recent years has centered around the promotion of macroeconomic growth but has done little to guarantee individual and societal well-being, reinforcing the focus of the private sector on maximizing shareholder value, often at the expense of employees and consumers. These policies have exacerbated the inequality of access to public goods and services, such as health and education, among significant portions of the population, who lack the agency and the opportunity to sustain themselves. It is critical that the United States responds to the public health and economic crises by protecting liberty, equality, and securing equal access to public goods and services.

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    Disability Rights
    John Shattuck and Mathias Risse. 1/21/2021. “Disability Rights.” Reimagining Rights and Responsibilities in the United States, 008. See full text.Abstract

    Nearly 61 million Americans have a disability, making the group the country’s largest minority. Individuals with disabilities cut across race, gender, and sexual orientation. Since people with disabilities are disproportionately older, they have also made up an expanding share of the general population as the U.S. population has aged. Unlike other more fixed identities, any person can become disabled at any time, due to severe injury, illness, trauma, pregnancy, or simply aging. In fact, while only 11% of people under ages 18 to 64 reported having a disability in 2017, 35% of people ages 65 and over reported having one, illustrating the fluid nature of disability status.

    Disabilities include a range of conditions, both visible and invisible, and including physical, mental, and cognitive impairments—all of which require different types of protection against different types of discrimination. These complexities make understanding and advancing disability rights more challenging. Moreover, people with disabilities continue to face challenges as a result of policies that affect them both directly and indirectly. Renewing rights for people with disabilities requires both reinstating and extending equal protections, and affirmatively expanding accommodations to better allow them to participate meaningfully in all aspects of society. 

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