Civil Rights Movements & the Law

The Supreme Court killed affirmative action, but not for military academies or the legacy admissions that protect the ruling class.

Black Lives Matter Protesters are facing new issues after a court ruling against Deray Mckesson makes him liable for neglience during a demonstration.

"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"--

"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"--

'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." --

"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"--

"Critical Race Theory is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new questions for discussion, aimed at outlining practical steps to achieve this objective"--

"Tens of thousands of innocent people are behind bars for offenses ranging from misdemeanors to capital crimes. But proving their innocence in the court of law is extraordinarily difficult. After conviction, the presumption of innocence vanishes, and a new presumption of guilt forms and ossifies over time. Our criminal justice system values finality over accuracy, even if it comes at the cost of an innocent person's wrongful conviction and even when there's good evidence they haven't committed the crime. In Barred, acclaimed legal scholar and pioneering innocence advocate Daniel Medwed argues that our justice system's stringent procedural rules are to blame for the ongoing punishment of the innocent. Every state gives criminal defendants just one opportunity to appeal their convictions to a higher court. Afterward, the wrongfully accused can pursue various post-conviction remedies, but all too often they fall short in leading to exoneration. Because of narrow guidelines and deferential attitudes toward lower courts, higher courts tend to uphold convictions, even when there is compelling evidence of a miscarriage of justice. And although the executive branch holds the power to release people who are in custody, it exercises this power sparingly and views with intense suspicion those who insist upon their innocence. The result is that a startling number of people are incarcerated for crimes they didn't commit; highly-publicized death-row exonerations are just the tip of the iceberg. The regime is stacked against the innocent, Medwed concludes, and the appellate and post-conviction process must be entirely overhauled. Through heart-wrenching real-life stories, alongside accessible descriptions of complex legal procedures, Barred exposes how our legal system perpetuates gross injustice and issues a powerful call for change"--