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
Obama tells the story of his improbable odyssey from young man searching for his identity to leader of the free world, describing in strikingly personal detail both his political education and the landmark moments of the first term of his historic presidency--a time of dramatic transformation and turmoil.
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state--both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance--rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
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.
Mexican Americans and the law - Reynaldo Anaya Valencia
The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system--but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status. Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law: - Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973) - Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001) - Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974) - Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997) - Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996) - Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997) - Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964) With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
Martin Luther King Jr. and the morality of legal practice : lessons in love and justice - Robert K. Vischer
This book seeks to reframe our understanding of the lawyer's work by exploring how Martin Luther King, Jr built his advocacy on a coherent set of moral claims regarding the demands of love and justice in light of human nature. King never shirked from staking out challenging claims of moral truth, even while remaining open to working with those who rejected those truths. His example should inspire the legal profession as a reminder that truth-telling, even in a society that often appears morally balkanized, has the capacity to move hearts and minds. At the same time, his example should give the profession pause, for King's success would have been impossible without his substantive views about human nature and the ends of justice. This book is an effort to reframe our conception of morality's relevance to professionalism through the lens provided by the public and prophetic advocacy of Dr King.
Loaded : a disarming history of the Second Amendment - Roxanne Dunbar-Ortiz
"America loves guns. From Daniel Boone and Jesse James, to the NRA and Seal Team 6, gun culture has colored the lore, shaped the law, and protected the market that arms the nation. In Loaded, Roxanne Dunbar-Ortiz peels away the myths of gun culture to expose the true historical origins of the Second Amendment, revealing the racial undercurrents connecting the earliest Anglo settlers with contemporary gun proliferation, modern-day policing, and the consolidation of influence of armed white nationalists. From the enslavement of Blacks and the conquest of Native America, to the arsenal of institutions that constitute the "gun lobby," Loaded presents a people's history of the Second Amendment, as seen through the lens of those who have been most targeted by guns: people of color. Meticulously researched and thought-provoking throughout, this is essential reading for anyone interested in understanding the historical connections between racism and gun violence in the United States."--Publisher's description.
Last negroes at Harvard : the class of 1963 and the eighteen young men who changed Harvard forever - Kent Garrett ; Jeanne Ellsworth
"The untold story of the Harvard class of '63, whose Black students fought to create their own identities on the cusp between integration and affirmative action"--;"The untold story of the Harvard class of '63, whose Black students fought to create their own identities on the cusp between integration and affirmative action. In the fall of 1959, Harvard recruited eighteen "Negro" boys as an experiment, an early form of affirmative action. Four years later they would graduate as African Americans. Some fifty years later, one of these trailblazing Harvard grads, Kent Garrett, began to reconnect with his classmates and explore their vastly different backgrounds, lives, and what their time at Harvard meant. Garrett and his partner Jeanne Ellsworth recount how these young men broke new ground. By the time they were seniors, they would have demonstrated against injustice, had lunch with Malcolm X, experienced heartbreak and the racism of academia, and joined with their African national classmates to fight for the right to form an exclusive Black students' group. Part journey into personal history, part group portrait, and part narrative history of the civil rights movement, this is the remarkable story of brilliant, singular boys whose identities were changed at and by Harvard, and who, in turn, changed Harvard"--
Japanese American cases : the rule of law in time of war - Roger Daniels
"After Pearl Harbor, President Roosevelt, claiming a never documented "military necessity," ordered the removal and incarceration of 120,000 Japanese Americans during World War II solely because of their ancestry. As Roger Daniels movingly describes, almost all reluctantly obeyed their government and went peacefully to the desolate camps provided for them. Daniels, however, focuses on four Nisei, second-generation Japanese Americans, who, aided by a handful of lawyers, defied the government and their own community leaders by challenging the constitutionality of the government's orders. The 1942 convictions of three men--Min Yasui, Gordon Hirabayashi, and Fred Korematsu--who refused to go willingly were upheld by the Supreme Court in 1943 and 1944. But a woman, Mitsuye Endo, who obediently went to camp and then filed for a writ of habeas corpus, won her case. The Supreme Court subsequently ordered her release in 1944, following her two and a half years behind barbed wire. Neither the cases nor the fate of law-abiding Japanese attracted much attention during the turmoil of global warfare; in the postwar decades they were all but forgotten. Daniels traces how, four decades after the war, in an America whose attitudes about race and justice were changing, the surviving Japanese Americans achieved a measure of political and legal justice. Congress created a commission to investigate the legitimacy of the wartime incarceration. It found no military necessity, but rather that the causes were "race prejudice, war hysteria, and a failure of political leadership." In 1982 it asked Congress to apologize and award $20,000 to each survivor. A bill providing that compensation was finally passed and signed into law in 1988. There is no way to undo a Supreme Court decision, but teams of volunteer lawyers, overwhelmingly Sansei--third-generation Japanese Americans--used revelations in 1983 about the suppression of evidence by federal attorneys to persuade lower courts to overturn ^the convictions of Hirabayashi and Korematsu. Daniels traces the continuing changes in attitudes since the 1980s about the wartime cases and offers a sobering account that resonates with present-day issues of national security and individual freedom"--;"Focuses on four Supreme Court cases involving Japanese Americans who were forcibly detained and relocated to interment camps in the early months of World War II, despite the absence of any charges or trials to address the validity of their implied guilt. Daniels, one of the acclaimed authorities on this subject, reminds us that Constitution promises much but does not always deliver when the nation is in crisis"--
"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.
The second : race and guns in a fatally unequal America - Carol Anderson
Investigates the history and impact of the Second Amendment, how it was designed, and how it has been constructed from the start to keep African Americans powerless and vulnerable.
White lawyer, Black power : a memoir of civil rights activism in the deep South - Donald A. Jelinek
"Author Donald Jelinek offers a powerful, first-hand account of his time working as a civil rights attorney in Mississippi and Alabama during a three-year period from 1965-1968. Originally Jelinek, an NYU-trained lawyer in his early 30s, volunteered only to spend a few weeks working pro bono for the ACLU in Mississippi. Instead, he ended up quitting his job with a New York City law firm and staying in the South for several consequential years. Jelinek provides compelling testimony of the work that he and other movement activists did during that time. Perhaps the richest portions of the book come when Jelinek describes his interactions with the local people who formed the core of the Movement in the Deep South. The passages describing conversations with Black sharecroppers and fellow civil rights organizers provide highly readable discussions of the nature of on-the-ground organizing that will be valuable both to scholars of the Movement and interested parties more generally. His account highlights the long, slow, hard work of organizing, work that was built one house at a time, through the cultivation of relationships and trust"--
Hitler's American model : the United States and the making of Nazi race law - James Q. Whitman
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.
Civil rights in America : a history - Christopher W. Schmidt
"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"--
One America? : presidential appeals to racial resentment from LBJ to Trump. - 01UA - Nathan Angelo
Reveals how presidents deploy a rhetoric that attempts to attract many racial and ethnic groups, but ultimately directs itself to an archtypal white, Middle-American swing voter.
On account of race : the Supreme Court, white supremacy, and the ravaging of African American voting rights - Lawrence Goldstone
"Beginning in 1876, the Court systematically dismantled both the equal protection guarantees of the Fourteenth Amendment, at least for African-Americans, and what seemed to be the guarantee of the right to vote in the Fifteenth. And so, of the more than 500,000 African-Americans who had registered to vote across the South, the vast majority former slaves, by 1906, less than ten percent remained. Many of those were terrified to go the polls, lest they be beaten, murdered, or have their homes burned to the ground. None of this was done in the shadows-those determined to wrest the vote from black Americans could not have been more boastful in either intent or execution. But the Court chose to ignore the obvious and wrote decisions at odds with the Constitution, preferring to instead reinforce the racial stereotypes of the day. "Whites Only" tells the story of an American tragedy, the only occasion in United States history in which a group of citizens who had been granted the right to vote then had it stripped away. Even more unjust was that this theft of voting rights was done with full approval, even the sponsorship, of the United States Supreme Court"--
Language and the law : linguistic inequality in America - Douglas A. Kibbee
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.
Inclusive leader : taking intentional action for justice and equity - Artika R. Tyner; Miguel Ramos (Foreword by); American Bar Association, Solo, Small Firm and General Practice Division Staff (Contribution by)
"How to build and sustain and inclusive workplace"--
Implicit racial bias across the law - 0ustin D. Levinson (Editor); Robert J. Smith (Editor)
"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"--
Sleepy Lagoon murder case : race discrimination and Mexican-American rights - Mark A. Weitz
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 -Martha A. Mills
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.
Indecent assembly : the North Carolina legislature 's blueprint for the war on democracy and equality - Gene R. Nichol
"The war is still raging. And [Gene Nichol]'s still fighting." --John Grisham North Carolina has, since 2013, undergone a greater political sea change than any other state. For the first time, seven years ago, state government became completely captured by a radicalized and aggressive Republican leadership determined to produce the most ultra-conservative political regime in the nation. In a remarkably brief time span, Republican lawmakers have moved successfully toward that goal. TheNew York Times refers to the project as "North Carolina's pioneering work in bigotry." Other states have begun to follow what they expressly deemed the "North Carolina playbook." Indecent Assembly lays out in detail, and with no small dose of passion, the agenda, purposes, impacts, and transgressions of the Republican North Carolina General Assembly since it came to dominate life in the Tar Heel State. Nichol outlines, without holding punches, the stoutest war waged against people of color and low-income citizens seen in America for a half-century. All-white Republican caucuses, dominating both houses of the General Assembly, have behaved essentially like a White People's Party, without the nomenclature. Bold steps have also been taken to diminish the equal dignity of women and an internationally famed crusade against LGBTQ+ Tar Heels has capped off what has become a state-based battle against the Fourteenth Amendment. But the Republican General Assembly has not stopped with substantive legal changes. It has attacked the fundaments of American constitutional government. In 2019, the state of North Carolina, in short, is involved in a brutal battle for its own decency. Ifthe contest is lost here, other states will likely abandon defining cornerstones of American liberty and equality as well. North Carolina today is not presented with the mere give and take of normal politics. It struggles over its meaning as a commonwealth and its future as a democracy.
We're better than this : my fight for the future of our democracy - Elijah Cummings ; Jim Dale
A memoir by the late Congressman details how his experiences as a sharecroppers' son in volatile South Baltimore shaped his life in activism, explaining how government oversight can become a positive part of a just American collective.
Heart of fire : an immigrant daughter's story - Mazie Hirono
"Mazie Hirono is one of the most fiercely outspoken Democrats in Congress, but her journey to the U.S. Senate was far from likely. Raised poor on her family's rice farm in rural Japan, Hirono was seven years old when her mother left her abusive husband and sailed with her two elder children to the United States, crossing the Pacific in steerage in search of a better life. Though the girl then known as "Keiko" did not speak English when she entered school in Hawaii, she would go on to hold state and national office, winning election to the U.S. Senate in 2012. This intimate and inspiring memoir traces her remarkable life from her upbringing in Hawaii, where the family first lived in a single room in a Honolulu boarding house while her mother worked two jobs to keep them afloat; to her emergence as a highly effective legislator whose determination to help the most vulnerable was grounded in her own experiences of economic insecurity, lack of healthcare access, and family separation. Finally, it chronicles her evolution from dogged yet soft-spoken public servant into the fiery critic and advocate we know her as today. For the vast majority of Mazie Hirono's five decades in public service, even as she fought for the causes she believed in, she strove to remain polite and reserved. Steeped in the non-confrontational cultures of Japan and Hawaii, and aware of the expectation that women in politics should never show an excess of emotion, she had schooled herself to bite her tongue, even as her male colleagues continually underestimated her. After the 2016 election, however, it was clear that she could moderate herself no longer. In the face of an autocratic administration, Hirono was called to at last give voice to the fire that had always been inside her. The moving and galvanizing account of a woman coming into her own power over the course of a lifetime in public service, and of the mother who encouraged her immigrant daughter's dreams, Heart of Fire is the story of a uniquely American journey, written by one of those fighting hardest to ensure that a story like hers is still possible"--
Greatest and the grandest act : the Civil Rights Act of 1866 from Reconstruction to today - Christian G. Samito editor
"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 - Anthony J. McGann; Charles Anthony Smith; Michael Latner; Alex Keena
Gerrymandering in America : the House of Representatives, the Supreme Court, and the future of popular sovereignty-book
Dred Scott v. Sandford : opinions and contemporary commentary -Douglas W. Lind
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
