Civil Rights Movements & the Law

"The historic uprising in the wake of the murder of George Floyd transformed the way Americans and the world think about race and policing. Why did it achieve so little in the way of substantive reforms? Cedric Johnson argues that this shortcoming was not simply due to the mercurial and reactive character of the protests. Rather, the core of the movement itself failed to locate the central racial injustice that underpins the crisis of policing: socio-economic inequality"--

"Race, Ethnicity, and the COVID-19 Pandemic is an extensive examination of the causes and consequences of the global pandemic on racial and ethnic minorities, offering analysis of the causes of the unique experiences of Black, Indigenous and Latin communities in the US and the world from multiple social sciences perspectives"--;"To understand racial disparities in COVID-19 infections and deaths, we must first understand how they are linked to racial inequality. In the United States, the material advantages afforded by whiteness lead to lower rates of infections and deaths from COVID-19 when compared to the rates among Black, Latino, and Native American populations. Most experts point to differences in population density, underlying health conditions, and proportions of essential workers as the primary determinants in the levels of COVID-19 deaths. The national response to the pandemic has laid bare the fundamentals of a racialized social structure. Assembled by a prestigious group of sociologists, this volume examines how particularly during the first year of COVID-19, the socioeconomic impact of the pandemic led to different and poorer outcomes for Black, Latino, and Native American populations. While color-blindness shaped national discussions on essential workers, charity, and differential mortality, minorities were overwhelmingly affected. The essays in this collection provide a mix of critical examination of the progress and direction of our COVID-19 response, personal accounts of the stark difference in care and outcomes for minorities throughout the United States, and offer recommendations to create a foundation for future response and research during the critical early days"--

"Examines how different institutions--Hollywood, universities, corporations, and law enforcement--have sought to be inclusive of Muslims in an era of rampant Islamophobia"--

In this "penetrating new analysis" (New York Times Book Review) Ira Katznelson fundamentally recasts our understanding of twentieth-century American history and demonstrates that all the key programs passed during the New Deal and Fair Deal era of the 1930s and 1940s were created in a deeply discriminatory manner. Through mechanisms designed by Southern Democrats that specifically excluded maids and farm workers, the gap between blacks and whites actually widened despite postwar prosperity. In the words of noted historian Eric Foner, "Katznelson's incisive book should change the terms of debate about affirmative action, and about the last seventy years of American history."-

"Asian American Histories of the United States illuminates how an over-century-long history of Asian migration, labor, and community formation in the United States is fundamental to understanding the American experience and its existential crises of the early twenty-first century"--;"Original and expansive, Asian American Histories of the United States is a nearly 200-year history of Asian migration, labor, and community formation in the US. Reckoning with the onset of the COVID-19 pandemic and the surge in anti-Asian hate and violence, award-winning historian Catherine Ceniza Choy presents an urgent social history of the fastest growing group of Americans. The book features the lived experiences and diverse voices of immigrants, refugees, US-born Asian Americans, multiracial Americans, and workers from industries spanning agriculture to healthcare. Despite significant Asian American breakthroughs in American politics, arts, and popular culture in the 21st century, a profound lack of understanding of Asian American history permeates American culture. Choy traces how anti-Asian violence and its intersection with misogyny and other forms of hatred, the erasure of Asian American experiences and contributions, and Asian American resistance to what has been omitted are prominent themes in Asian American history. This ambitious book is fundamental to understanding the American experience and its existential crises of the early 21st century." -- Publisher's website

"Tells the stories of those who suffered during the worst social and political failure in the continent's history-the War on Drugs-and what we can do to right the wrongs of the past"--

When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives. Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn’t even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and “Roddie” William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.

"Surviving prison as an innocent person is a surrealistic nightmare no one wants to experience or even think about. But it can happen to you. Justin Brooks has spent his career freeing innocent people from prison. With You Might Go to Prison, Even Though You're Innocent, he offers up-close accounts of the cases he's fought, embedding them within a larger landscape of innocence claims and robust research on what we know about the causes of wrongful convictions. Putting readers at the defense table, this book forces us to consider how any of us might be swept up in the system, whether we hired a bad lawyer, bear a slight resemblance to someone else in the world, or aren't good with awkward silence. The stories of Brooks's cases and clients paint the picture of a broken justice system, one where innocence is no protection from incarceration or even the death penalty. Simultaneously relatable and disturbing, You Might Go to Prison, Even Though You're Innocent is essential reading for anyone who wants to better understand how injustice is served by our system"--

"The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines Independent Community School District (1969) that held that certain forms of expression are protected by the First Amendment. Justice Fortas wrote in the majority opinion that "it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This volume is timely and instructive, as protections afforded by the First Amendment are a topic of enduring concern, with such freedoms requiring vigilant advocacy and protection from each generation. Paulo Freire stated, "Citizenship is not obtained by chance: It is a construction that, never finished, demands we fight for it" (1998, p. 90). There is confusion and much debate in and outside of schools about how and when these and other rights described in the First Amendment may or may not be limited, and the time is now to clarify the place of such rights in public education. At the Schoolhouse Gate is divided into three sections: Foundations, Case Studies of Rights in Schools, and Choices to Act. The "Foundations" section presents the case law pertaining to the rights of both teachers and students, setting the tone for what presently is permissible and chronicling the ongoing struggle with defining rights and responsibilities in schools. In "Case Studies of Rights in Schools," various authors examine teacher and student interactions with rights and responsibilities in schools, including the interest of students in participating with their teachers in the democratic experiment of schooling, the promise of student-led conferences, a new teacher's success with democratizing her classroom, and student views of news and technology. "Choices to Act" includes a portrait of teacher activism during the Oklahoma Walkout, a general counsel's advice to teachers for availing themselves of their rights, a story of a civic education curriculum generating student agency, and vignettes of two public high school students who took action in their schools and communities"--

Surviving the Future is a collection of the most current ideas in radical queer movement work and revolutionary queer theory. Beset by a new pandemic, fanning the flames of global uprising, these queers cast off progressive narratives of liberal hope while building mutual networks of rebellion and care. These essays propose a militant strategy of queer survival in an ever precarious future. Starting from a position of abolition—of prisons, police, the State, identity, and racist cisheteronormative society—this collection refuses the bribes of inclusion in a system built on our expendability. Though the mainstream media saturates us with the boring norms of queer representation (with a recent focus on trans visibility), the writers in this book ditch false hope to imagine collective visions of liberation that tell different stories, build alternate worlds, and refuse the legacies of racial capitalism, anti-Blackness, and settler colonialism. The work curated in this book spans Black queer life in the time of COVID-19 and uprising, assimilation and pinkwashing settler colonial projects, subversive and deviant forms of representation, building anarchist trans/queer infrastructures, and more. Contributors include Che Gossett, Yasmin Nair, Mattilda Bernstein Sycamore, Adrian Shanker, Kitty Stryker, Toshio Meronek, and more.

In this collection, Arab and Arab American feminists enlist their intimate experiences to challenge simplistic and long-held assumptions about gender, sexuality, and commitments to feminism and justice-centered struggles. Contributors hail from multiple geographical sites, spiritualities, occupations, sexualities, class backgrounds, and generations. Poets, creative writers, artists, scholars, and activists employ a mix of genres to express feminist commitments and ambiguities and to highlight how Arab and Arab American feminist perspectives simultaneously inhabit multiple, overlapping, and intersecting spaces: within families and communities; in anticolonial and antiracist struggles; in debates over spirituality and the divine; within radical, feminist, and queer spaces; in academia and on the street. Contributors explore themes as diverse as the intersections between gender, sexuality, Orientalism, racism, Islamophobia, and Zionism, and the place of Arab Jews in Arab and Arab American histories. This book asks how members of diasporic communities navigate their sense of belonging when the countries in which they live wage wars in the lands of their ancestors. This work opens up new possibilities for placing grounded perspectives at the center of gender, Middle East, American, and ethnic studies. -- From publisher.;Rabab Abdulhadi is associate professor of ethnic studies/race and resistance studies and senior scholar of the Arab and Muslim Ethnicities and Diasporas Initiative at San Francisco State University. She is a coauthor of Mobilizing Democracy. Her articles have appeared in Gender and Society, Radical History Review, Peace Review, Journal of Women's History, Ms. Magazine, the Guardian, and Palestine Focus, as well as Arab-language newspapers and magazines.;Evelyn Alsultany is assistant professor in the Program in American Culture at the University of Michigan. Her articles have appeared in American Quarterly, Race and Arab Americans Before and After 9/11, and The Arab Diaspora. She is the author of Arabs and Muslims in the Media Post 9/11.;Nadine Naber is assistant professor in the Department of Women's Studies and the Program in American Culture at the University of Michigan. Her articles have appeared in the Journal of Feminist Studies, Journal of Ethnic Studies, and Journal of Cultural Dynamics. She is a coeditor of Race and Arab Americans Before and After 9/11 and author of Articulating Arabness. --Book Jacket.

'Prison and Health in the Age of Mass Incarceration' explores how incarceration undermines the health of people currently and formerly in prison. The book uses years of empirical research to show the intricate web of pathways through which mass incarceration also weakens the health and well-being of families, communities, and health care systems.

The emerging culture war over the holiday is misguided. In reality, Juneteenth celebrates one of the greatest triumphs of America and its founding principles.

From the National Archives and Records Administration: Archivist of the United States Dr. Colleen Shogan announced earlier today [June 17]that the National Archives plans to place the Emancipation Proclamation on permanent display in the Rotunda of the National Archives Building in Washington, DC. “When President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, he […]

Asian Americans and Pacific Islanders have played a vital role in shaping America as we know it, contributing to every facet of industry, including higher education. Since 1990, the U.S. has used the month of May to recognize and celebrate Asians and Pacific Islanders in the United States. The Department of Distinctive Collections (DDC) celebrates […]

The Justice Department on Friday issued a scathing assessment of Minneapolis police, alleging that racial discrimination and excessive force went unchecked before George Floyd's killing because of inadequate oversight and an unwieldy process for investigating complaints. Here are six key points from the report.

The Freedom Libraries will be placed in the facilities' housing units for unfettered access to a 500-book collection donated by the non-profit organization.

New York state tried to limit writings and artistic works from prisoners — illustrating a growing issue across the country.

The Supreme Court has ruled against Alabama's defense of an electoral map drawn by the state's Republican-dominated legislature. Black voters had challenged the law as racially discriminatory.

The Supreme Court on Thursday ordered Alabama officials to redraw the state’s congressional map to allow an additional Black majority district to account for the fact that the state is 27% Black.

Nakala Murry says her son doesn't understand what happened to him. "His words to me were: 'Why did he shoot me? What did I do?' "

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 […]

By Candice Fong (Follow us on LinkedIn) Years ago, I helped a female BIPOC colleague put together a session with a speaker. On the day of the presentation, I walked into the room and introduce…

"In May of 1976, twenty-four-year-old Carol Menaker was impaneled with eleven others on a jury in the trial of Freddy Burton, a young Black prison inmate charged with the grisly murders of two white wardens inside Philadelphia's Holmesburg Prison. After being sequestered for twenty-one days, the jury voted to convict Mr. Burton, who was then sentenced to life in prison without parole. For more than forty years, Menaker did what she could to put the intensely emotional experience of the sequestration and trial behind her, rarely speaking of it to others and avoiding jury service when at all possible. But the arrival of a jury summons at her home in Northern California in 2017 set her on a path to unravel the painful experience of sequestration and finally ask the question: What ever happened to Freddy Burton--and is it possible that my youth and white privilege were what led me to convict him of murder? The Worst Thing We've Ever Done is Menaker's inspirational account of journeying back in time to uncover the personal bias that may have led her to judge someone whose shoes she never could have walked in." --

"The Brady rule was meant to transform the justice system. In soaring language, the Supreme Court decreed in 1963 that prosecutors must share favorable evidence with the defense-part of a suite of decisions of that reform-minded era designed to promote fairness for those accused of crimes. But reality intervened. The opinion faced many challenges, ranging from poor legal reasoning and shaky precedent to its clashes with the very foundations of the American criminal legal system and some of its most powerful enforcers: prosecutors. In this beautifully wrought work of narrative nonfiction, Dybdahl illustrates the promise and shortcomings of the Brady rule through deft storytelling and attention to crucial cases, including the infamous 1984 murder of Catherine Fuller in Washington, DC, which led to eight young Black men being sent to prison for life after the prosecutor, afraid of losing the biggest case of his career, hid information that would have proven their innocence. With a seasoned defense lawyer's unsparing eye for detail, Thomas L. Dybdahl chronicles the evolution of the Brady rule-from its unexpected birth to the series of legal challenges that left it defanged and ineffective. Yet Dybdahl shows us a path forward by highlighting promising reform efforts across the country which offer a blueprint for a legislative revival of Brady's true spirit"--

"What if social transformation and liberation isn't about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle."--Page 4 of cover.

"Police power was built on women's bodies. Men, especially Black men, often stand in as the ultimate symbol of the mass incarceration crisis in the United States. Women are treated as marginal, if not overlooked altogether, in histories of the criminal legal system. In The Streets Belong to Us - the first history of women and police in the modern United States - Anne Gray Fischer narrates how sexual policing fueled a dramatic expansion of police power. The enormous discretionary power that police officers wield to surveil, target, and arrest anyone they deem suspicious was tested, legitimized, and legalized through the policing of women's sexuality and their right to move freely through city streets. Throughout the twentieth century, police departments achieved a stunning consolidation of urban authority through the strategic discretionary enforcement of morals laws, including disorderly conduct, vagrancy, and other prostitution-related misdemeanors. Between Prohibition in the 1920s and the rise of 'broken windows' policing in the 1980s, police targeted white and Black women in distinct but interconnected ways. These tactics reveal the centrality of racist and sexist myths to the justification and deployment of state power. Sexual policing did not just enhance police power. It also transformed cities from segregated sites of 'urban vice' into the gentrified sites of Black displacement and banishment we live in today. By illuminating both the racial dimension of sexual liberalism and the gender dimension of policing in Black neighborhoods, The Streets Belong to Us illustrates the decisive role that race, gender, and sexuality played in the construction of urban police regimes"--

"This book explores the private weaponization of racial fear that drives modern-day enforcement of these Black and white spaces. More than any express hatred of African Americans or desire to return to formal segregation, private white actors today react to deeply ingrained, systemic, and often unconscious racial fear of Black people who appear "out of place" in their public environment. They weaponize this racial fear in a variety of ways, including by abusing 911 to enforce formal social control via armed government agents, by trafficking in racial fear to whitewash their own misdeeds through "racial hoaxes," and by exacting vigilante justice through extrajudicial killing under the guise of self-defense and standing one's ground. Each of these approaches perverts and exploits the weapon of choice - the criminal justice system - with violent repercussions for the Black targets of this subformal apartheid. More often than not, private actors employing these methods enjoy the express or implicit support of government officials at all levels, from local police departments to state legislatures to the United States Supreme Court"--

"Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition from 1953 to the present is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings--often in concurrences or dissents--richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates--on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing equality. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated. The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices--the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans--that makes this succession echo across generations"--