Justice deferred : race and the Supreme Court - Orville Vernon Burton ; Armand Derfner
"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"--
We were eight years in power : an American tragedy - Ta-Nehisi Coates
A portrait of the historic Barack Obama era features essays originally published in "The Atlantic," including "Fear of a Black President" and "The Case for Reparations," as well as new essays revisiting each year of the Obama administration;""We were eight years in power" was the lament of Reconstruction-era black politicians as the American experiment in multiracial democracy ended with the return of white supremacist rule in the South. In this sweeping collection of new and selected essays, Ta-Nehisi Coates explores the tragic echoes of that history in our own time: the unprecedented election of a black president followed by a vicious backlash that fueled the election of the man Coates argues is America's "first white president." But the story of these present-day eight years is not just about presidential politics. This book also examines the new voices, ideas, and movements for justice that emerged over this period--and the effects of the persistent shadow of our nation's old and unreconciled history. Coates powerfully examines the events of the Obama era from his intimate and revealing perspective--the point of view of a young writer who begins the journey in an unemployment office in Harlem and ends it in the Oval Office, interviewing a president. We Were Eight Years in Power features Coates's iconic essays first published in The Atlantic, including "Fear of a Black President," "The Case for Reparations," and "The Black Family in the Age of Mass Incarceration," along with eight fresh essays that revisit each year of the Obama administration through Coates's own experiences, observations, and intellectual development, capped by a bracingly original assessment of the election that fully illuminated the tragedy of the Obama era."--Dust jacket
Thomas Jefferson and Sally Hemings : an American controversy - Annette Gordon-Reed
"Rumors of Thomas Jefferson's sexual involvement with his slave Sally Hemings have circulated for two centuries. It remains, among all aspects of Jefferson's renowned life, perhaps the most hotly contested topic. With Thomas Jefferson and Sally Hemings, Annette Gordon-Reed promises to intensify this ongoing debate as she identifies glaring inconsistencies in many noted scholars' evaluations of the existing evidence. She has assembled a fascinating and convincing argument: not that the alleged thirty-eight-year liaison necessarily took place but rather that the evidence for its taking place has been denied a fair hearing."--BOOK JACKET. "Possessing both a layperson's unfettered curiosity and a lawyer's logical mind, Annette Gordon-Reed writes with a style and compassion that are irresistible. Her analysis is accessible, with each chapter revolving around a key figure in the Hemings drama. The resulting portraits are engrossing and very personal. Gordon-Reed also brings a keen intuitive sense of the psychological complexities of human relationships - relationships that, in the real world, often develop regardless of status or race. The most compelling element of all, however, is her extensive and careful research, which often allows the evidence to speak for itself."--Jacket.
Unequal under law : race in the war on drugs - Doris Marie Provine
Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts. Doris Marie Provine's engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism--a discussion that Unequal under Law promises to initiate.
Raced to death in 1920s Hawaiʻi : injustice and revenge in the Fukunaga case - Jonathan Y. Okamura
On September 18, 1928, Myles Yutaka Fukunaga kidnapped and brutally murdered ten-year-old George Gill Jamieson in Waikîkî. Fukunaga, a nineteen-year-old nisei, or second-generation Japanese American, confessed to the crime. Within three weeks, authorities had convicted him and sentenced him to hang, despite questions about Fukunaga's sanity and a deeply flawed defense by his court-appointed attorneys. Jonathan Y. Okamura argues that officials "raced" Fukunaga to death--first viewing the accused only as Japanese despite the law supposedly being colorblind, and then hurrying to satisfy the Haole (white) community's demand for revenge. Okamura sets the case against an analysis of the racial hierarchy that undergirded Hawai'ian society, which was dominated by Haoles who saw themselves most threatened by the islands' sizable Japanese American community. The Fukunaga case and others like it in the 1920s reinforced Haole supremacy and maintained the racial boundary that separated Haoles from non-Haoles, particularly through racial injustice. As Okamura challenges the representation of Hawai i as a racial paradise, he reveals the ways Haoles usurped the criminal justice system and reevaluates the tense history of anti-Japanese racism in Hawai i.
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.
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
Perilous path : talking race, inequality, and the law - Sherrilyn A. Ifill; Loretta Lynch; Bryan Stevenson; Anthony C. Thompson
"This blisteringly candid discussion of the American dilemma in the age of Trump brings together the head of the NAACP Legal Defense Fund, the former attorney general of the United States, a bestselling author and death penalty lawyer, and a star professor for an honest conversation the country desperately needs to hear. Drawing on their collective decades of work on civil rights issues as well as personal histories of rising from poverty and oppression, these leading lights of the legal profession and the fight for racial justice talk about the importance of reclaiming the racial narrative and keeping our eyes on the horizon as we work for justice in an unjust time. Covering topics as varied as "the commonality of pain," "when lawyers are heroes," and the concept of an "equality dividend" that is due to people of color for helping America brand itself internationally as a country of diversity and acceptance, Ifill, Lynch, Stevenson, and Thompson also explore topics such as "when did 'public' become a dirty word" (hint, it has something to do with serving people of color), "you know what Jeff Sessions is going to say," and "what it means to be a civil rights lawyer in the age of Trump." Building on Stevenson's hugely successful Just Mercy, Lynch's national platform at the Justice Department, Ifill's role as one of the leading defenders of civil rights in the country, and the occasion of Thompson's launch of a new center on race, inequality, and the law at the NYU School of Law, A Perilous Path will speak loudly and clearly to everyone concerned about America's perpetual fault line."--Amazon.com.
"More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, [this book] explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy." -- Publisher's website.