Civil Rights Movements & the Law

"In this volume ten expert historians and legal scholars examine the Civil Rights Act of 1866, the first federal civil rights statute in American history. The act declared that all persons born in the United States were citizens without regard to race, color, or previous condition of slavery. Designed to give the Thirteenth Amendment practical effect as former slave states enacted laws limiting the rights of African Americans, this measure for the first time defined U.S. citizenship and the rights associated with it. Essays examine the history and legal ramifications of the act and highlight competing impulses within it, including the often-neglected Section 9, which allows the president to use the nation's military in its enforcement; an investigation of how the Thirteenth Amendment operated to overturn the Dred Scott case; and New England's role in the passage of the act. The act is analyzed as it operated in several states such as Kentucky, Missouri, and South Carolina during Reconstruction. There is also a consideration of the act and its interpretation by the Supreme Court in its first decades. Other essays include a discussion of the act in terms of contract rights and in the context of the postWorld War II civil rights era as well as an analysis of the act's backward-looking and forward-looking nature." -- Publisher's website.;"This volume, which contains essays by both historians and legal scholars, examines various aspects of the Civil Rights Act of 1866, the first federal civil rights statute in American history"--

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

Voting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse? Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

"The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and the rate kept climbing for the next four decades despite the fact that the crime rate declined substantially, the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, ranging from the war on drugs to harsh sentencing statutes, and more. This book gives the reader a unique position from which to counter the problem of the high rate of incarceration by showing that when a trial system becomes too complicated and expensive, it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentences if convicted. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system"--

"When Simon Tam started an American dance rock band called The Slants, he didn't realize that he was starting an entire movement around freedom of expression and discussions on identity. The band flipped stereotypes with their bombastic live shows and community activism. But when Simon applied to register a trademark on the band's name, the government dragged him all the way to the Supreme Court of the United States. [This book] is the story of an indomitable spirit who so believes in the idea of justice that he's willing to risk everything along the way for the dignity of self-identity. Simon provides a deeply personal account that will take you from anime conventions to the Surpreme Court, all in the name of justice. The story provides a raw look at our legal system with unflinching honesty and offers timely insights on freedom of speech, how to connect with others we disagree with, and the power of music."--

In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life.

In 1967, the US Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving v. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the 'loving' of America. How far have we come since then and what effect did the case have on individual lives?

"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"--

Black, white, and Brown : the landmark school desegregation case in retrospect-book

Day 2 of the impeachment trial of former President Trump for incitement of insurrection began with senators voting 89-11 in favor of the trial organizing resolution. Lead Impeachment…

On June 1, federal police used tear gas and rubber bullets to clear protesters from Lafayette Square in front of the White House. News outlets documented the police's use of force, now the subject of a lawsuit filed by Black Lives Matter D.C. and several protesters who returned to the scene a week later to tell their stories.

As President Trump announces a “surge” of federal agents into major U.S. cities to confront protesters, we speak with Philadelphia District Attorney Larry Krasner, who warns he will arrest and charge Trump’s police forces if they violate the rights of residents in his city. “The law applies to the president of the United States, even though he doesn’t think so. The law applies to law enforcement. The law applies to civilians. It is real simple,” says Krasner. He also discusses the importance of releasing incarcerated people during the pandemic, and tackling police corruption, such as in the case of political prisoner Mumia Abu-Jamal. #DemocracyNow Democracy Now! is an independent global news hour that airs on nearly 1,400 TV and radio stations Monday through Friday. Watch our livestream 8-9AM ET: https://democracynow.org Please consider supporting independent media by making a donation to Democracy Now! today: https://democracynow.org/donate FOLLOW DEMOCRACY NOW! ONLINE: YouTube: http://youtube.com/democracynow Facebook: http://facebook.com/democracynow Twitter: https://twitter.com/democracynow Instagram: http://instagram.com/democracynow SoundCloud: http://soundcloud.com/democracynow iTunes: https://itunes.apple.com/podcast/democracy-now!-audio/id73802554 Daily Email Digest: https://democracynow.org/subscribe

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

"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.

With the election of Barack Obama as the first black president of the United States, the issue of racial justice in America occupies center stage. Have black Americans finally achieved racial justice? Is government intervention no longer required? Racial Justice in the Age of Obama considers contemporary civil rights questions and theories, and offers fresh insights and effective remedies for race issues in America today. While there are now unprecedented opportunities for talented African Americans, Roy Brooks shows that lingering deficiencies remain within the black community. Exploring solutions to these social ills, Brooks identifies competing civil rights theories and perspectives, organizing them into four distinct categories--traditionalism, reformism, limited separation, and critical race theory. After examining each approach, Brooks constructs the best civil rights theory for the Obama phase of the post-civil rights era. Brooks supports his theoretical model with strong statistics that break down the major racial groups along such demographics as income and education. He factors in the cultural and structural explanations for the nation's racial divisions, and he addresses affirmative action, the failures of integration, the negative aspects of black urban culture, and the black community's limited access to resources. The book focuses on African Americans, but its lessons are relevant for other groups, including Latinos, Asians, women, and gays and lesbians. Racial Justice in the Age of Obama maps out today's civil rights questions so that all groups can achieve equality at a time of unprecedented historical change.

Collection of 18 of Obama's most memorable speeches between 2002 and 2008, each introduced by Berry and Gottheimer with political analysis, historical context, and commentary from the speechwriters

Thomas Jefferson is often portrayed as a hopelessly enigmatic figure -- a riddle -- a man so riven with contradictions that he is almost impossible to know. Lauded as the most articulate voice of American freedom and equality, even as he held people -- including his own family -- in bondage, Jefferson is variably described as a hypocrite, an atheist, or a simple-minded proponent of limited government who expected all Americans to be farmers forever. Now, Annette Gordon-Reed teams up with America's leading Jefferson scholar, Peter S. Onuf, to present a character study that dispels the many cliche��s that have accrued over the years about our third president. Challenging the widely prevalent belief that Jefferson remains so opaque as to be unknowable, the authors create a portrait of Jefferson, as he might have painted himself, one "comprised of equal parts sun and shadow." Tracing Jefferson's philosophical development from youth to old age, the authors explore what they call the "empire" of Jefferson's imagination -- an expansive state of mind born of his origins in a slave society, his intellectual influences, and the vaulting ambition that propelled him into public life as a modern avatar of the Enlightenment who, at the same time, likened himself to a figure of old -- "the most blessed of the patriarchs." Indeed, Jefferson saw himself as a "patriarch," not just to his country and mountain-like home at Monticello but also to his family, the white half that he loved so publicly, as well as to the black side that he claimed to love, a contradiction of extraordinary historical magnitude.

"Michelle Obama intentionally defined her role and herself in ways that countered and complemented the images and works of previous First Ladies. This book explores the role of the first African-American First Lady, and considers her impending legacy on the American political landscape, and society."--

"On January 20, 2021, Amanda Gorman became the sixth and youngest poet, at age twenty-two, to deliver a poetry reading at a presidential inauguration. Her inaugural poem, "The Hill We Climb," is now available to cherish in this special edition."--

Charts Stephen Miller's rise to power in the Trump administration, drawing from more than one hundred interviews with his family, friends, adversaries, and government officials, as well as years of reporting from the U.S. border.;Stephen Miller has crafted Donald Trump's speeches, designed immigration policies that ban Muslims and separate families-- but has remained an enigma. Guerrero charts Miller's rise to power, drawing from interviews with his family, friends, adversaries and government officials. Radicalized as a teenager, Miller relished provocation at his high school in liberal Santa Monica, California. At Duke University, he cloaked racist and classist ideas in the language of patriotism and heritage to get them airtime amid controversies. After becoming Trump's senior policy advisor and speechwriter, Miller encouraged Trump's harshest impulses, in conflict with the president's own family. Guerrero unveils the man who has courted the white rage that found violent expression in tragedies from El Paso to Charlottesville. -- adapted from jacket

Pauli Murray first saw Eleanor Roosevelt in 1933, at the height of the Depression, at a government-sponsored, two-hundred-acre camp for unemployed women where Murray was living, something the first lady had pushed her husband to set up in her effort to do what she could for working women and the poor. The first lady appeared one day unannounced, behind the wheel of her car, her secretary and a Secret Service agent her passengers. To Murray, then aged twenty-three, Roosevelt's self-assurance was a symbol of women's independence, a symbol that endured throughout Murray's life. Five years later, Pauli Murray, a twenty-eight-year-old aspiring writer, wrote a letter to Franklin and Eleanor Roosevelt protesting racial segregation in the South. The president's staff forwarded Murray's letter to the federal Office of Education. The first lady wrote back. Murray's letter was prompted by a speech the president had given at the University of North Carolina, Chapel Hill, praising the school for its commitment to social progress. Pauli Murray had been denied admission to the Chapel Hill graduate school because of her race. She wrote in her letter of 1938: "Does it mean that Negro students in the South will be allowed to sit down with white students and study a problem which is fundamental and mutual to both groups? Does it mean that the University of North Carolina is ready to open its doors to Negro students? Or does it mean, that everything you said has no meaning for us as Negroes, that again we are to be set aside and passed over?" Eleanor Roosevelt wrote to Murray: "I have read the copy of the letter you sent me and I understand perfectly, but great changes come slowly ... The South is changing, but don't push too fast." So began a friendship between Pauli Murray (poet, intellectual rebel, principal strategist in the fight to preserve Title VII of the 1964 Civil Rights Act, cofounder of the National Organization for Women, and the first African American female Episcopal priest) and Eleanor Roosevelt (first lady of the United States, later first chair of the United Nations Commission on Human Rights, and chair of the President's Commission on the Status of Women) that would last for a quarter of a century. Drawing on letters, journals, diaries, published and unpublished manuscripts, and interviews, Patricia Bell-Scott gives us the first close-up portrait of this evolving friendship and how it was sustained over time, what each gave to the other, and how their friendship changed the cause of American social justice.

"In 1932 in the midst of the Great Depression, Franklin Delano Roosevelt won the presidency with the help of key African American defectors from the Republican Party. At the time, most African Americans lived in poverty in the South, denied citizenship rights and terrorized by white violence. But Roosevelt's victory created the opportunity for a group of African American intellectuals and activists to join his administration as racial affairs experts. Known as the Black Cabinet, they organized themselves into an unofficial council. They innovated antidiscrimination policy, documented the New Deal's inequalities, led programs that lifted people out of poverty and paved the way for greater federal accountability to African Americans and a greater black presence in government. But the Black Cabinet never won official recognition from Roosevelt, and with his death, it disappeared from history. This is its story"--

Professor Michele Goodwin starts at the beginning and brings us up to date. If only America’s institutions would do the same.

The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law.

“Listen In” to Allison Manswell as she talks with Vanessa Kelly about her impactful book on race relations: “Listen In: Crucial Conversations on Race in the Workplace,” its relevance today, and...

Kathryn Rubino talks to Lia Dorsey, newly elected President of the Association of Law Firm Diversity Professionals, and Director of Diversity and Inclusion at Dentons, about Biglaw's response to the violent deaths of George Floyd, Breonna Taylor, and Ahmaud Arbery, and to Black Lives Matter. Episode Resources     Episode Highlights A difficult topic - 1:13 Tangible actions behind words - 2:34 Lia’s role and Biglaw’s role - 3:20 All the firms' different statements - 4:25 Lia’s piece of advice for law firms - 7:20 The culture of a firm - 9:13 An opportunity for the firms’ leaders - 10:06 Everybody has a role to play - 11:42 How we can move forward - 14:11 Having access to money and resources - 18:49 Promoting diversity - 19:57 Nobody has the right answer right now - 23:36   Subscribe, Share and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Follow on Leave a review on

Why would Clarence Darrow—a lawyer famous for representing the little guy—take a case that meant defending a wealthy, racist murderer? What did he risk? In this episode, Mike talks about racism, power, and moral flexibility in lawyering. There is a cost to losing the values that drove us to law, and Clarence Darrow paid it. Episode Resources Connect with Mike Whelan:    The Lawyer Forward Facebook group:   The Island Murder (a PBS documentary about the Thalia Massie Affair):   Honor Killing: Race, Rape, and Clarence Darrow's Spectacular Last Case:  

In this episode, Mike talks about race, both in America generally and the legal system specifically. He uses the story of Italian internment in World War II to explore the idea of "otherness." Out of preferences and perceptions, as well as a history of identifying white culture with professionalism, the legal industry has created a context that's hostile to African Americans. Resolving that distance will only come after first owning our ugly history.   Episode Resources Connect with Mike Whelan    White Lawyering by Russell G Pearce:   Why the US Needs Black Lawyers:   Police killings can be captured in data. The terror police create cannot.   Thomas Schelling, Micromotives and Macrobehavior:  

The Section of Civil Rights and Social Justice brings you the latest programming on the intersection of coronavirus and civil rights.