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.

"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.

"Before the 1960s, the distinction between violent and nonviolent crime played hardly any role in the law. Since then, the number of crimes deemed violent has skyrocketed. David Alan Sklansky shows how shifting and inconsistent legal definitions of violence have fueled mass incarceration, protected abusive police, and undermined criminal justice"--

"For a century, the American Civil Liberties Union has fought to keep Americans in touch with the founding values of the Constitution. As its centennial approached, the organization invited Ellis Cose to become its first ever writer-in-residence, serving as an "embedded journalist" with complete editorial independence. The result is Cose's groundbreaking Democracy, If We Can Keep It: The ACLU's 100-Year Fight for Rights in America, the most authoritative account ever of America's premier defender of civil liberties. A vivid work of history and journalism, Democracy, If We Can Keep It is not just the definitive story of the ACLU but also an essential account of America's rediscovery of rights it had granted but long denied. Cose's narrative begins with World War I and brings us to today, chronicling the ACLU's role through the horrors of 9/11, the saga of Edward Snowden, and the phenomenon of Donald Trump. A chronicle of America's most difficult ethical quandaries from the Red Scare, the Scottsboro Boys' trials, Japanese American internment, McCarthyism, and Vietnam, Democracy, If We Can Keep It weaves these accounts into a deeper story of American freedom-one that is profoundly relevant to our present moment"--

"This book is a mix of policy, legal history, professionalism, and lawyering skills. It asks readers to explore multiculturalism through several different lenses. First, readers explore the reasons behind calls for diversity in the legal profession, examining how ordinary people view the culture of the law. Next, readers explore their own cultural backgrounds, consider implicit bias, and examine how to best navigate their own cultures as they interact with legal systems. Then, readers examine how to best represent clients with a particular focus on understanding client goals and helping translate client values and culture into legal system values and culture, while always cognizant of their own values and cultures. Finally, readers explore case studies where failure to appreciate culture has had critical consequences. The book provides perspective through essays about multicultural values in legal systems in other countries. It can be used as a textbook in a multicultural lawyering course or seminar, in a professional identity and culture course, or as a supplement to a clinic, skills, or doctrinal course. Lawyers and other legal professionals can use this book to explore multiculturalism and its effects in the legal system"--

"Michael Ratner (1943-2016) was one of America's leading human rights lawyers. He worked for more than four decades at the Center for Constitutional Rights (CCR) becoming first the Director of Litigation and then the President of what Alexander Cockburn called "a small band of tigerish people." He was also the President of the National Lawyers Guild. Ratner handled some of the most significant cases In American history. This book tells why and how he did it. His last case, which he worked on until he died, was representing truth-telling whistleblower and now political prisoner Julian Assange, the editor of WikiLeaks. Ratner "moved the bar" by organizing some 600 lawyers to successfully defend habeas corpus, that is, the ancient right of someone accused of a crime to have a lawyer and to be brought before a judge. Michael had a piece of paper taped on the wall next to his desk at the CCR. It read: 4 key principles of being a radical lawyer: 1. Do not refuse to take a case just because it is long odds of winning in court. 2. Use cases to publicize a radical critique of US policy and to promote revolutionary transformation. 3. Combine legal work with political advocacy. 4. Love people. Compelling and instructive, Moving the Bar is an indispensable manual for the next generation of activists and their lawyers"--Publisher's description.

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.

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.

"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.

"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"--

"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.

"Despite the growing number of Asian American and Latino/a law students, many panethnic students still feel as if they do not belong in this elite microcosm, which reflects the racial inequalities in mainstream American society. While in law school, these students--often from immigrant families, and often the first to go to college--have to fight against racialized and gendered stereotypes. In Incidental Racialization, Diana Pan rigorously explores how systemic inequalities are produced and sustained in law schools. Through interviews with more than 100 law students and participant observations at two law schools, Pan examines how racialization happens alongside professional socialization. She investigates how panethnic students negotiate their identities, race, and gender in an institutional context. She also considers how their lived experiences factor into their student organization association choices and career paths. Incidental Racialization sheds light on how race operates in a law school setting for both students of color and in the minds of white students. It also provides broader insights regarding racial inequalities in society in general"--

The inspirational biography of Juan F. Vasquez, the first Hispanic American appointed to the United States Tax Court. The book depicts his journey surmounting numerous challenges such as poverty, manual labor, and discrimination. It explores his pursuit of education to build--with the support of family, friends, and mentors--a professional career serving family, community, taxpayers, and the tax system.Judge Vasquez's story demonstrates that one can excel in the practice of tax law and serve the community and taxpayers while doing so, regardless of ethnicity, socioeconomic status, school pedigree, or geographic location. The overall message--that hard work, perseverance, and persistence in the face of adversity can lead to unimaginable opportunities--should resonate with all readers.

"Larry Krasner spent thirty years learning about America's carceral system as a civil rights and criminal defense lawyer in Philadelphia, working to get some kind of justice for his clients in a broken system in the era of mass incarceration, before deciding that the way to truly transform the system was to get inside of it. So he launched an unlikely campaign to become the District Attorney of Philadelphia, a city known for its long line of notorious "tough on crime" DAs. When Krasner announced his candidacy, surrounded by the activists and community organizers he'd worked with for years, the president of the Philadelphia police union described it as "hilarious." Despite the odds, Krasner laid out a simple case for radical reform and won the November general election by a margin of nearly 50%--he was able to enter the halls of power and begin the work of dismantling mass incarceration from the inside. This is not just a story about Krasner's remarkable life as a defense lawyer and his powerful, grassroots campaign, but the bigger story of how power and injustice conspire together to create a carceral state unprecedented in the world. Readers follow Krasner through the streets and courtrooms and election precincts of one American city to see how our system of injustice was built--and how we might dismantle it"--

Determined to be a U.S. Marine Corps officer, Bruce Yamashita enrolled in Officer Candidate School, where he was the target of persistent racial harassment by officers and staff. After enduring nine weeks of emotional and physical abuse, Yamashita was "disenrolled" in April 1989--kicked out of the Marine Corps because of the color of his skin. Fighting Tradition is Yamashita's own story of his courageous struggle to expose a pattern of racial discrimination against minorities that has existed at various levels of the Corps. With the support of a broad coalition of community and civil rights organizations, the Hawaii-born law school graduate fought a five-year-long legal, political, and media battle against the military establishment that ended in his commissioning as a captain and the revision of Marine Corps policies and procedures. Fighting Tradition not only is a moving story of personal sacrifice and vision, but contributes also both directly and indirectly to our understanding of the complexities of institutional racism in a politically conservative, demographically shifting society. It is a unique window into the dynamics of race, government, and the law and a stirring reminder of the importance of political mobilization by the individual to achieve justice.

This book is a unique, inspirational collection of letters from 44 experienced, highly accomplished women attorneys of color to the next generation outlining various roadmaps for success in the legal profession as a minority woman attorney. The book is organized by practice setting, and at the end of each chapter are tips for success from the authors featured in that chapter. The essays end with a response from a sister/daughter from the next generation.

In the past few years, a new generation of progressive intellectuals has dramatically transformed how law, race, and racial power are understood and discussed in America. Questioning the old assumptions of both liberals and conservatives with respect to the goals and the means of traditional civil rights reform, critical race theorists have presented new paradigms for understanding racial injustice and new ways of seeing the links between race, gender, sexual orientation, and class. This reader, edited by the principal founders and leading theoreticians of the critical race theory movement, gathers together for the first time the movement's most important essays.

This law school casebook examines cases through the analytical framework of critical race theory. The third edition includes a new chapter on racial bias and the judiciary and a focus on fighting racism in the 21st century. There is a separate chapter on torts, contracts, criminal procedure, criminal law and sentencing, property, and civil procedure. It also examines cases where race is not always obvious, showing how race is oftenrelevant even where it may initially appear not to be relevant. Lastly, the book provides cases where the courts have applied a critical race theory perspective.

"Racism has permeated the workings of the U.S. Constitution since ratification. At the 1787 Constitutional Convention, supporters of slavery ensured it was protected by rule of law. The federal government upheld slavery until it was abolished by the Civil War; then supported the South's Jim Crow power structure. From Reconstruction through the Civil Rights era until today, veneration of the Constitution has not prevented lynching, segregation, voter intimidation or police brutality against people of color. In 2016, the Electoral College-a constitutional accommodation for slaveholding aristocrats who feared popular government-gave the presidency to the candidate who lost the popular vote by the widest margin in U.S. history. This book describes how pernicious flaws in the Constitution, included to legalize profiting from human bondage, perpetuate systemic racism, economic inequality and the subversion of democracy"--

"Explores George W. McLaurin's two-year battle to gain admission as the first African American student at the University of Oklahoma-the help he received from the NAACP and attorney Thurgood Marshall, the legal maneuvering in state and federal courts to secure his rights, and the segregated conditions to which he was subjected once he was on campus"--

"Grounded in Critical Race Theory (CRT), [this book] refutes the claim that when African American law students are "mismatched" with more-selective law schools, the result is lower levels of achievement and success. Presenting personal narratives and counter-stories, Jackson demonstrates the inadequacy of the mismatch theory and deconstructs the ways race is constructed within American public law schools. Calling for a replacement to mismatch theory, Jackson offers an alternative theory that considers marginalized student perspectives and crystallizes the nuances and impact that historically exclusionary institutions and systems have on African American law school students. To further the debate on affirmative action, this book shows that experiences and voices of African American law school students are a crucial ingredient in the debate on race and how it functions in law schools"--Page i.

Relying on a multidisciplinary framework of inquiry and critical perspective, this edited volume addresses the unique experiences of Black males within various stages of contact in the criminal justice system. It provides a comprehensive overview of the administration of justice, mental and physical health issues faced by Black males, and reintegration into society after system involvement. Recent events--including but by no means limited to the shootings of unarmed Black men by police in Ferguson, Missouri; Baltimore; Minneapolis; and Chicago--have highlighted the disproportionate likelihood of young Black males to encounter the criminal justice system. Black Males and the Criminal Justice System provides a theoretical and empirical review of the need for an intersectional understanding of Black male experiences and outcomes within the criminal justice system. The intersectional approach, which posits that outcomes of societal experiences are determined by the way the interconnected identities of individuals are perceived and responded to by others, is key to recognizing the various forms of oppression that Black males experience, and the impact these experiences have on them and their families. This book is intended for students and scholars in criminology, criminal justice, sociology, race/ethnic studies, legal studies, psychology, and African American Studies, and will serve as a reference for researchers who wish to utilize a progressive theoretical approach to study social control, policing, and the criminal justice system.

And justice for all : the United States Commission on Civil Rights and the continuing struggle for freedom in America-book

America's Gun Wars contends that an understanding of America's gun controversy cannot be found in statistics documenting the rise (or fall) of violent crime, or in examining trade-offs between societal needs and personal safety, or in following the political maneuvering of advocacy groups such as the National Rifle Association or Everytown for Gun Safety. At heart, the gun controversy is a values conflict involving how people see themselves and how they make sense of the world they live in. Understanding this controversy requires a deep analysis of the profoundly different cultures inhabited by pro- and anti-gun activists, lawmakers, and voters. Written by a social scientist who has spent his life exploring how values and self-perceptions impact behavior, this book explores the origins and evolution of cultures in American society; the beliefs, experiences, and principles that guide the behavior of members in both camps; and the triumphs and failures that the two sides have experienced from colonial times to the present day. --

Patricia Williams is a lawyer and a professor of commercial law, the great-great-granddaughter of a slave and a white southern lawyer. The Alchemy of Race and Rights is an eloquent autobiographical essay in which the author reflects on the intersection of race, gender, and class. Using the tools of critical literary and legal theory, she sets out her views of contemporary popular culture and current events, from Howard Beach to homelessness, from Tawana Brawley to the law-school classroom, from civil rights to Oprah Winfrey, from Bernhard Goetz to Mary Beth Whitehead. She also traces the workings of "ordinary racism"--everyday occurrences, casual, unintended, banal perhaps, but mortifying. Taking up the metaphor of alchemy, Williams casts the law as a mythological text in which the powers of commerce and the Constitution, wealth and poverty, sanity and insanity, wage war across complex and overlapping boundaries of discourse. In deliberately transgressing such boundaries, she pursues a path toward racial justice that is, ultimately, transformative. Williams gets to the roots of racism not by finger-pointing but by much gentler methods. Her book is full of anecdote and witness, vivid characters known and observed, trenchant analysis of the law's shortcomings. Only by such an inquiry and such patient phenomenology can we understand racism. The book is deeply moving and not so, finally, just because racism is wrong--we all know that. What we don't know is how to unthink the process that allows racism to persist. This Williams enables us to see. The result is a testament of considerable beauty, a triumph of moral tactfulness. The result, as the title suggests, is magic.

"Unknown to many, Alabama has played a remarkable role in a number of Supreme Court rulings that continue to touch the lives of every American. In Alabama Justice: The Cases and Faces That Changed a Nation, Steven P. Brown has identified eight landmark cases that deal with religion, voting rights, libel, gender discrimination, and other issues, all originating from legal disputes in Alabama. Written in a concise and accessible manner, each case law chapter begins with the circumstances that created the dispute. Brown then provides historical and constitutional background for the issue followed by a review of the path of litigation. Excerpts from the Court's ruling in the case are also presented, along with a brief account of the aftermath and significance of the decision. The First Amendment (New York Times v. Sullivan), racial redistricting (Gomillion v. Lightfoot), the Equal Protection Clause of the Fourteenth Amendment (Frontiero v. Richardson), and prayer in public schools (Wallace v. Jaffree) are among the pivotal issues stamped indelibly by disputes with their origins in Alabama legal, political, and cultural landscapes. In addition to his analysis of cases, Brown discusses the three associate justices sent from Alabama to the Supreme Court-John McKinley, John Archibald Campbell, and Hugo Black-whose cumulative influence on the institution of the Court, constitutional interpretation, and the day-to-day rights and liberties enjoyed by every American is impossible to measure. A closing chapter examines the careers and contributions of these three Alabamians"--

The amendment that refused to die : equality and justice deferred : the history of the Fourteenth Amendment-book

"This bill prohibits no-knock warrants, which generally permit law enforcement officers to enter a premises without first identifying their authority and purpose."

"Standard legal ethics courses long considered dry and theoretical by many students have experienced a renaissance over the past two years due to the pandemic and an increased focus on social justice."