Trauma-Informed Law According to the authors of Trauma-Informed Law: A Primer for Lawyers Resilience and Healing,  “a key concept for trauma-informed lawyering is the shift that has occurred, …

This post is a detour from my series on section 3 of the Canadian Charter of Rights and Freedoms and the Superior Court of Justice and Court of Appeal Working Families decisions (see here and here (SCJ) and here (ONCA)). (See those posts here, here, here and here). In this post I provide some thoughts […]

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

"In Mighty Justice, trailblazing African American civil rights attorney Dovey Johnson Roundtree recounts her inspiring life story that speaks movingly and urgently to our racially troubled times. From the streets of Charlotte, North Carolina, to the segregated courtrooms of the nation's capital; from the male stronghold of the army where she broke gender and color barriers to the pulpits of churches where women had waited for years for the right to minister--in all these places, Roundtree sought justice. At a time when African American attorneys had to leave the courthouses to use the bathroom, Roundtree took on Washington's white legal establishment and prevailed, winning a 1955 landmark bus desegregation case that would help to dismantle the practice of "separate but equal" and shatter Jim Crow laws. Later, she led the vanguard of women ordained to the ministry in the AME Church in 1961, merging her law practice with her ministry to fight for families and children being destroyed by urban violence."--Amazon.com.

How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws--the Citizenship Law and the Blood Law. Contrary to those who have insisted otherwise, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. He looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends the understanding of America's influence on racist practices in the wider world.

"The fascinating biography of Eunice Hunton Carter, a social-justice and civil rights trailblazer and the only woman prosecutor on the Luciano trial. Eunice Hunton Carter rose to public prominence in 1936 as both the only woman and the only person of color on Thomas Dewey's famous gangbuster team that prosecuted mobster Lucky Luciano. But her life before and after the trial remains relatively unknown. In this definitive biography on this trailblazing social justice activist, authors Marilyn S. Greenwald and Yun Li tell the story of this unknown but critical pioneer in the struggle for racial and gender equality in the 20th century. Working harder than most men because of her race and gender, Greenwald and Li reflect on Carter's lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, and community organizer, and later as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organ izations. Greenwald and Li show that Carter worked harder than most men because of her race and gender. They reflect on her lifelong commitment to her adopted home of Harlem, where she was viewed as a role model, arts patron, and community organizer, and later as a legal advisor to the United Nations, the National Council of Negro Women, and several other national and global organizations. Carter was both a witness and participant in many pivotal events of the early and mid 20th century, including the Harlem riot of 1935 and the social scene during the Harlem Renaissance. Using transcripts, letters, and other primary and secondary sources from several archives in the United States and Canada, the authors paint a colorful portrait of how Eunice continued the legacy of the Carter family that valued education, perseverance, and hard work: a grandfather who was a slave that bought his freedom and became a successful businessman in a small colony of former slaves in Ontario, Canada; a fathe r who nearly single-handedly integrated the nation's YMCAs in the Jim Crow South; and a mother who provided aid to black soldiers in France during World War I, and who became a leader in several global and domestic racial equality causes. Carter's inspirational multi-decade career working in an environment of bias, segregation and patriarchy in Depression-era America helped pave the way for those who came after her"--

"This book revolves around a deceptively simple question: What do we mean when we say that something is an issue of civil rights? Americans use the term all the time. We have government agencies dedicated to protecting civil rights. We know the heroic struggle for racial equality of the 1960s as the civil rights movement. We're now supposedly in a postcivil rights era - even as we're constantly on the watch for new civil rights movements. We identify certain people as civil rights icons. We declare public officials good or bad on civil rights. All of this assumes "civil rights" includes certain things and not others. But look up the term in a dictionary or legal reference work and you'll find a mix of abstractions and stilted legalisms, none of which captures the depth and complexity of meaning that is conveyed with its invocation and none of which hints at historic and ongoing struggles over its contents"--

On December 4, 1969, attorney Jeff Haas was in a police lockup in Chicago, interviewing Fred Hampton's fiance. She described how the police pulled her from the room as Fred lay unconscious on their bed. She heard one officer say, "He's still alive." She then heard two shots. A second officer said, "He's good and dead now." She looked at Jeff and asked, "What can you do?" Fifty years later, Haas finds that there is still an urgent need for the revolutionary systemic changes Hampton was organizing to accomplish. With a new prologue discussing what has changed-and what has not-The Assassination of Fred Hampton remains Haas's personal account of how he and People's Law Office partner Flint Taylor pursued Hampton's assassins, ultimately prevailing over unlimited government resources and FBI conspiracy. Not only a story of justice delivered, the book puts Hampton in the spotlight as a dynamic community leader and an inspiration for those in the ongoing fight against injustice and police brutality.

"A groundbreaking expose�� of racism in the American taxation system from a law professor and expert on tax policy. Dorothy A. Brown became a tax lawyer to get away from race. As a young black girl growing up in the South Bronx, she'd seen how racism limited the lives of her family and neighbors. Her law school classes offered a refreshing contrast: Tax law was about numbers, and the only color that mattered was green. But when Brown sat down to prepare tax returns for her parents, she found something strange: James and Dottie Brown, a plumber and a nurse, seemed to be paying an unusually high percentage of their income in taxes. When Brown became a law professor, she set out to understand why. In The Whiteness of Wealth, Brown draws on decades of cross-disciplinary research to show that tax law isn't as color-blind as she'd once believed. She takes us into her adopted city of Atlanta, introducing us to families across the economic spectrum whose stories demonstrate how American tax law rewards the preferences and practices of white people while pushing black people further behind. From attending college to getting married to buying a home, black Americans find themselves at a financial disadvantage compared to their white peers. The results are an ever-increasing wealth gap and more black families shut out of the American dream. Solving the problem will require a wholesale rethinking of America's tax code. But it will also require both black and white Americans to make different choices. This urgent, actionable book points the way forward"--

Chronicles the rollbacks to African American participation in the vote since the Supreme Court's landmark decision in 2013, Shelby County v. Holder, 570 U.S. 2 (2013), which allowed districts to change voting requirements without approval from the Department of Justice.;"Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening details she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans as the nation gears up for the 2018 midterm elections"--Publisher information.;Most of us are well aware that there is something fundamentally broken about the way we vote, but not why. In One Person, No Vote, the author chronicles a timely, comprehensive, and powerful indictment of the history of brutal race-based vote suppression, and its many modern iterations- from voter ID requirements and voter purges to election fraud, and stolen elections. She also traces the related history of the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice. All of this shows makes apparent the ways in which American elections are neither free no fair. -- Publisher description

Language policy is a topic of growing importance around the world, as issues such as the recognition of linguistic diversity, the establishment of official languages, the status of languages in educational systems, the status of heritage and minority languages, and speakers' legal rights have come increasingly to the forefront. One fifth of the American population do not speak English as their first language. While race, gender and religious discrimination are recognized as illegal, the US does not currently accord the same protections regarding language; discrimination on the basis of language is accepted, and even promoted, in the name of unity and efficiency. Setting language within the context of America's history, this book explores the diverse range of linguistic inequalities, covering voting, criminal and civil justice, education, government and public services, and the workplace, and considers how linguistic differences challenge our fundamental ideals of democracy, justice and fairness.

"This book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive"--;"Implicit Racial Bias: A Social Science Overview Justin D. Levinson, Danielle M. Young & Laurie A. Rudman A little after 2 a.m. on the first day of 2009, San Francisco Bay Area Rapid Transit ("BART") Officer Johannes Mehserle arrived at the Fruitvale BART station after receiving reports of a fight on a train. Upon arrival at the station, he was directed by another officer to arrest Oscar Grant, who, along with other fight suspects, was sitting by the wall of the station. As Mehserle, who was joined by other officers, prepared to arrest Grant, Grant began to stand up, and Mehserle forced him to the ground face first. Another officer stood over Grant and uttered, "Bitch-ass n-." As Mehserle prepared to handcuff Grant, some eyewitnesses testified that Grant resisted by keeping his hands under his torso. Although Grant was laying face down and was physically restrained by another police officer at the time of his alleged resistance, Mehserle removed his department issued handgun from its holster and shot Grant in the back from point blank range. Grant died later that morning"--

Enhancing Justice: Reducing Bias was written by an exceptional and diverse team of authors, all with expertise relevant to understanding and improving implicit biases. Judges, lawyers, social scientists, professors, and experienced trainers worked together to bring cutting-edge research and thinking to this effort. The result offers both perspective and practical advice from their disciplines and their collaboration. While not all the authors would agree on each possible approach, the focus is on best practices, as we know them today, which can enable courts to lessen the impact of implicit bias. The book seeks to help "break the bias habit" by increasing knowledge and awareness of implicit bias, improved understanding and practice of procedural fairness and of culturally competent communication across cultures, and a sustained commitment to mindfulness.

Antiracism is a transformative concept that reorients and reenergizes the conversation about racism--and, even more fundamentally, points us toward liberating new ways of thinking about ourselves and each other. At its core, racism is a powerful system that creates false hierarchies of human value; its warped logic extends beyond race, from the way we regard people of different ethnicities or skin colors to the way we treat people of different sexes, gender identities, and body types. Racism intersects with class and culture and geography and even changes the way we see and value ourselves. In How to Be an Antiracist, Kendi takes readers through a widening circle of antiracist ideas--from the most basic concepts to visionary possibilities--that will help readers see all forms of racism clearly, understand their poisonous consequences, and work to oppose them in our systems and in ourselves. Kendi weaves an electrifying combination of ethics, history, law, and science with his own personal story of awakening to antiracism. This is an essential work for anyone who wants to go beyond the awareness of racism to the next step: contributing to the formation of a just and equitable society. Praise for How to Be an Antiracist "Ibram X. Kendi's new book, How to Be an Antiracist, couldn't come at a better time. . . . Kendi has gifted us with a book that is not only an essential instruction manual but also a memoir of the author's own path from anti-black racism to anti-white racism and, finally, to antiracism. . . .  How to Be an Antiracist gives us a clear and compelling way to approach, as Kendi puts it in his introduction, 'the basic struggle we're all in, the struggle to be fully human and to see that others are fully human.' "--NPR "Kendi dissects why in a society where so few people consider themselves to be racist the divisions and inequalities of racism remain so prevalent. How to Be an Antiracist punctures the myths of a post-racial America, examining what racism really is--and what we should do about it."--Time

This highly-readable primer on Critical Race Theory (CRT) examines the theory's basic commitments, strengths, and weaknesses. In addition to serving as a primary text for graduate and undergraduate Critical Race Theory seminars or courses on Race and the Law, it can also be assigned in courses on Antidiscrimination Law, Civil Rights, and Law and Society. The book can be used by any reader seeking to understand the relationship between constructions of race and the law. The text consists of four Parts. Part I provides a history of CRT. Part II introduces and explores several core concepts in the theory--including institutional/structural racism, implicit bias, microaggressions, racial privilege, the relationship between race and class, and intersectionality. Part III builds on Part II's discussion of intersectionality by exploring the intersection of race with a variety of other characteristics--including sexuality and gender identity, religion, and ability. Part IV analyzes several contemporary issues to which CRT speaks--including racial disparities in health, affirmative action, the criminal justice system, the welfare state, and education.

What began as a neighborhood party during the summer of 1942 led to the largest mass murder trial in California's history. After young Jose Diaz was found murdered near Los Angeles' Sleepy Lagoon reservoir, 600 Mexican Americans were rounded up by the police, 24 were indicted, and 17 were convicted. But thanks to the efforts of crusading lawyers, Hollywood celebrities, and Mexican Americans throughout the nation, all 17 convictions were thrown out in an appellate decision that cited lack of evidence, coerced testimony, deprivation of the right to counsel, and judicial misconduct. Mark Weitz chronicles the Sleepy Lagoon case (People v. Zammora) from the streets of the L.A.'s Mexican-American neighborhoods to the criminal courts, through the appeals process, and to the ultimate release of the convicted. In the process, Weitz opens a window on the uneasy world of Hispanic-Anglo relations, which, exacerbated by an influx of Mexican immigrants, had simmered beneath the surface in California for a century and reached the boiling point by 1942. By demonstrating how an environment of hostility and fear had fostered a breakdown in the legal protections that should have been afforded to the Sleepy Lagoon defendants, Weitz also illuminates a vital episode in the evolution of defendants' rights--including the right to counsel and a fair and impartial trial. As the case unfolded, the prosecution and local media drew ominous comparisons between the supposed dangers posed by the Mexican-American defendants and the threat allegedly posed by thousands of Japanese Americans, whose sympathies had been called into question after Pearl Harbor. Weitz shows how Zammora demonstrates what it is like to literally be tried in the court of public opinion where the "opinion" has been shaped before the trial even begins. Now, as Americans once again feel threatened by outsiders--whether Islamic jihadists or illegal immigrants--Zammora provides a mirror showing us how we acted then compared to how we respond now. While much of what occurred in 1942 L.A. was unique to its time and place, Weitz's compelling narrative shows that many of the social, political, and culture issues that dominated America then are still with us today.

Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois is the story of Martha A. Mills, who worked to bring justice to a place where injustice thrived. In this compelling and fascinating account, Mills describes her journey to Mississippi as a young civil rights lawyer in the late 1960s after joining the Lawyers' Committee for Civil Rights Under Law. She boldly challenged the racial status quo and racial barriers in the south, risking her personal safety in the process. Yet she looked racist judges, lawyers, lawmen, and Ku Kluxers in the eye--never backing down, in court or out. Mills's work as a civil rights activist continued through to her work as a judge in Cook County, Illinois.

Gerrymandering in America : the House of Representatives, the Supreme Court, and the future of popular sovereignty-book

The decision in Dred Scott v. Sandford, that all African Americans (free and enslaved) were unable to become American citizens and therefore lacked standing to sue in federal court, and that Congress had no authority to prohibit slavery in the territories, was truly monumental in its impact on the nation and immediately generated widespread public debate. When congressional inaction postponed for a year the market availability of copies of the decision, it was Benjamin Howard's New York, Appleton imprint of the case that the public read and which scholars relied upon as a basis for the earliest and most forceful legal commentary and analysis. From a transmission history and a cultural reception perspective, the importance of this cannot be understated. Howard's imprint provided the textual ammunition for both sides of a debate which further divided the nation as it marched toward civil war. There currently exists no other single source of Howard's reproduction of the Dred Scott opinion with the published contemporary commentary contained in this volume. Also, there is a dearth of detailed bibliographic analysis regarding the production and transmission of the decision itself. The introductory bibliographic essay, "The Publication and Transmission History of Dred Scott v. Sandford" addresses many previously unrecorded bibliographic aspects of the decision.--Publisher

"In the first comprehensive account of the Supreme Court's race-related jurisprudence, a distinguished historian and a renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. Discussing nearly 200 cases in historical context, the authors show the Court can still help fulfill the nation's promise of equality for all"--

It is no secret that since the 1980s, American workers have lost power vis-a-vis employers. Along with the well-chronicled steep decline in private sector unionization, American workers alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judgeshave dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor ofemployees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer.Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. As the employment law scholars Sandra A. Sperino and Suja A. Thomas showin Unequal, though, our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favorsemployers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware ofhow the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination remains fairly common in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employmentdiscrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.

""Sensing Injustice: A Lawyer's Life in the Battle for Change" combines Michael Tigar's wry legal and societal observations with his analysis of landmark civil rights and international justice cases on which he, as an attorney, worked . The result is a narrative that blends law, history, and progressive politics"--

"The standard public debate over the Fourteenth Amendment goes something like this. Critics of the Supreme Court's interpretations of the Fourteenth Amendment over the last several decades believe that the Court has used the Amendment's provisions for "due process of law" and "equal protection of the laws" as open-ended vehicles for judicial policymaking, whether on abortion or gay marriage or a host of other issues. Indeed, it is difficult for someone sympathetic to the result in the 2015 gay marriage case Obergefell v. Hodges to read the Court's opinion and get the feeling that what the Court is doing is law. The case was decided under the rather nebulous concept "substantive due process," the idea that the Fourteenth Amendment's injunction that no person shall be deprived of life, liberty, or property without due process of law is not merely about process as its terms might suggest, but also about "substance"--Namely, that the clause protects unwritten, unenumerated fundamental rights or prohibits arbitrary and oppressive legislation"--

"The Emergency Detention Act, Title II of the Internal Security Act of 1950, is the only law in American history to legalize preventive detention. It restricted the freedom of a certain individual or a group of individuals based on actions that may be taken that would threaten the security of a nation or of a particular area. Yet the Act was never enforced before it was repealed in 1971. Masumi Izumi links the Emergency Detention Act with Japanese American wartime incarceration in her cogent study, The Rise and Fall of America's Concentration Camp Law. She dissects the entangled discourses of race, national security, and civil liberties between 1941 and 1971 by examining how this historical precedent generated "the concentration camp law" and expanded a ubiquitous regime of surveillance in McCarthyist America. Izumi also shows how political radicalism grew as a result of these laws. Japanese Americas were instrumental in forming grassroots social movements that worked to repeal Title II. The Rise and Fall of America's Concentration Camp Law is a timely study in this age of insecurity where issues of immigration, race, and exclusion persist"--The publisher's description

"The landmark Brown v. Board of Education case was the start of a long period of desegregation, but Brown did not give a road map for how to achieve this lofty goal; it only provided the destination. In the years that followed, the path towards the fulfillment of this vision for school integration was worked out in the courts through the efforts of the Civil Rights Division of the US Department of Justice. One of the major cases on this path was Lee v. Macon County Board of Education (1967). Revolution by Law traces the growth of Lee v. Macon County from a simple school desegregation case in rural Alabama to a decision that paved the way for ending state imposed racial segregation of the schools in the Deep South. Author Brian Landsberg began his career as a young attorney working for the Civil Rights Division of the DOJ in 1964, the year after the lawsuit was filed that would lead to the Lee decision. As someone personally involved in the legal struggle for civil rights, Landsberg writes with first-hand knowledge of the case. His carefully researched study of this important case argues that private plaintiffs, the United States executive branch, the federal courts, and eventually Congress each played important roles in transforming the South from the most segregated to the least segregated region of the United States. The Lee case played a central role in dismantling Alabama's official racial caste system, and the decision became the model both for other statewide school desegregation cases and for cases challenging conditions in prisons and institutions for mentally ill people. Revolution by Law gives readers a deep understanding of the methods used by the federal government to desegregate the schools of the Deep South"--

Fred Korematsu, Iva Toguri (alias Tokyo Rose), Japanese Peruvians, and five thousand Americans who renounced their citizenship under duress: Rebel Lawyer tells the story of the key cases pertaining to the World War II incarceration of 120,000 people of Japanese ancestry and the trial attorney who defended them. Wayne Collins made a somewhat unlikely hero. An Irish American lawyer with a volatile temper, Collins s passionate commitment to the nation's constitutional principles put him in opposition to not only the United States government but also groups that acquiesced to internment such as the national office of the ACLU and the leadership of the Japanese American Citizens League. Through careful research and legal analysis, Charles Wollenberg takes readers through each case, and offers readers an understanding of how Collins came to be the most effective defender of the rights and liberties of the West Coast s Japanese and Japanese American population. Wollenberg portrays Collins not as a white knight but as a tough, sometimes difficult man whose battles gave people of Japanese descent the foundation on which to construct their own powerful campaigns for redress.

A compelling study of a subtle and insidious form of racial inequality in American law and culture. Why does racial equality continue to elude African Americans even after the election of a black president? Liberals blame white racism while conservatives blame black behavior. Both define the race problem in socioeconomic terms, mainly citing jobs, education, and policing. Roy Brooks, a distinguished legal scholar, argues that the reality is more complex. He defines the race problem African Americans face today as a three-headed hydra involving socioeconomic, judicial, and cultural conditions. Focusing on law and culture, Brooks defines the problem largely as racial subordination-"the act of impeding racial progress in pursuit of nonracist interests." Racial subordination is little understood and underacknowledged, yet it produces devastating and even deadly racial consequences that affect both poor and socioeconomically successful African Americans. Brooks addresses a serious problem, in many ways more dangerous than overt racism, and offers a well-reasoned solution that draws upon the strongest virtues America has exhibited to the world.

The essays in this volume illuminate a central paradox in the post-colonial West: race remains a potent index of social, economic and political inequality even while racial discrimination has become unlawful, even anathema. The standard account of this paradox is that racial discrimination and inequality are unfortunate vestiges of the past, which an enlightened legal system is now engaged in extirpating. These essays reveal a different story: equality law preserves racial inequality even while denouncing it. The authors show how in country after country, legal rules define racism so narrowly and make racial discrimination so difficult to prove that inequality persists despite its symbolic extinction. This ground-breaking volume of English-language essays, aimed at academics and researchers, shows how critical race theory, an analytic approach developed in the United States, can shed light on the workings of race in political-legal systems as diverse as South Africa, New Zealand, France and Latin and South America.

"Law school coursebook on law and the Japanese internment"--

Winner of the 1998 Robert F. Kennedy Book Award Grand Prize "An original, wise and courageous work that moves beyond sterile arguments and lifts the discussion of race and justice to a new and more hopeful level."--Arthur Schlesinger, Jr. In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another. "An admirable, courageous, and meticulously fair and honest book."--New York Times Book Review "This book should be a standard for all law students."--Boston Globe