Social Movements & the Law

The White House's recently announced "fund the police" measure confirms that President Joe Biden’s administration will not pursue the kind of transformative criminal justice reform many voters supported during his candidacy, despite his previous rhetoric.

The Color of Law brilliantly recounted how government at all levels created segregation. Just Action describes how we can begin to undo it.

Violators of the new law, which includes exceptions for traffic stops, will face a misdemeanor charge and up to 30 days in jail

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

Recently signed legislation in Arizona would bar people from recording video of police officers within 8 feet after being told not to.

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

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.

The Department of Justice will help conduct a review of the Memphis Police Department following the fatal beating of Tyre Nichols, city officials said.

"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"--

Issued by Excelencia in Education, the national certification recognizes the university's programs, policies, leadership and institutional culture for supporting Latino student success.

"The Evidence of Things Not Seen, award-winning author James Baldwin's searing 1985 indictment of the nation's racial stagnation, is contextualized anew by an introduction from New York Times bestselling author and political leader Stacey Abrams. In this essential work, James Baldwin examines the Atlanta child murders that took place over twenty-two months in 1979 and 1980. Examining this incident with a reporter's skill and an essayist's insight, he notes the significance of Atlanta as the site of these brutal killings-a city that claimed to be "too busy to hate"-and the permeation of race throughout the case: the Black administration in Atlanta; the murdered Black children; and Wayne Williams, the Black man tried for the crimes. In Baldwin's hands, this specific set of events has transcended its era and remains as relevant today as ever. Rummaging through the ruins of American race relations, Baldwin addresses all the hard-to-face issues that have brought us to a moment in history when we are forced to reckon with some of the country's most ingrained, foundational issues and when, too often, public officials fail to ask real questions about "justice for all." In this, his last book, Baldwin also reveals his optimistic faith in America's ability to move toward repair: "This is the only nation in the world that can hope to liberate-to begin to liberate-mankind from the strangling idea of the national identity and the tyranny of the territorial dispute. I know this sounds remote, now, and that I will not live to see anything resembling this hope come to pass. Yet, I know that I have seen it-in fire and blood and anguish, true, but I have seen it. I speak with the authority of the issue of the slave born in the country once believed to be: the last best hope of earth.""--

Here’s a list of 13 organizations across the country that are leading the fight to end the police brutality epidemic plaguing the Black community and the country.

SNCC: The New Abolitionists influenced a generation of activists struggling for civil rights and seeking to learn from the successes and failures of those who built the fantastically influential Student Nonviolent Coordinating Committee. It is considered an indispensable study of the organization, of the 1960s, and of the process of social change. Includes a new introduction by the author.

Deeply researched and widely reported, this exploration of the Black Power phenomenon that began to challenge the traditional civil rights movement in 1966 offers portraits of the major characters in the yearlong drama and the fierce battles over voting rights, identity politics, and the teaching of Black history.

US News is a recognized leader in college, grad school, hospital, mutual fund, and car rankings. Track elected officials, research health conditions, and find news you can use in politics, business, health, and education.

While the world may know the major names of the Civil Rights movement, there are countless lesser-known heroes fighting the good fight to advance equal justice for all, heeding the call when no one else was listening, often risking their lives and livelihoods in the process. This book shines a light on everyday people called to do extraordinary things--like Pauli Murray, whose early work informed Thurgood Marshall's legal argument for Brown v. Board of Education; Claudette Colvin, who refused to give up her seat on a segregated bus months before Rosa Parks did the same; and Gwen Carr, whose private pain in losing her son Eric Garner stoked her public activism against police brutality. -- adapted from jacket

As Asian American communities confront hate, speak up if you witness a crime.

In the US, political developments in the 21st century have shown that deep racial divides remain. The persistence of inequality indicates the stubborn resilience of the institutions that maintain white supremacy. Givens calls for 'radical empathy' : moving beyond an understanding of others' lives and pain to understand the origins of our biases, including internalized oppression. She offers practical steps to call out racism and bring about radical social change. -- adapted from jacket

Anti-Asian racism is on the rise. Here are some groups and initiatives to support.

"By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases {u2013} Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) {u2013} originally focused on race, many of the rewritten opinions {u2013} Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) {u2013} are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy."-- from publisher's website.

"In 1971, Eddie Conway, Lieutenant of Security for the Baltimore chapter of the Black Panther Party, was convicted of murdering a police officer and sentenced to life plus thirty years behind bars. Paul Coates was a community worker at the time and didn't know Eddie well - the little he knew, he didn't much like. But Paul was dead certain that Eddie's charges were bogus. He vowed never to leave Eddie - and in so doing, changed the course of both their lives. For over forty-three years, as he raised a family and started a business, Paul visited Eddie in prison, often taking his kids with him. He and Eddie shared their lives and worked together on dozens of legal campaigns in hopes of gaining Eddie's release. Paul's founding of the Black Classic Press in 1978 was originally a way to get books to Eddie in prison. When, in 2014, Eddie finally walked out onto the streets of Baltimore, Paul Coates was there to greet him. Today, these two men remain rock-solid comrades and friends ' each, the other's chosen brother. When Eddie and Paul met in the Baltimore Panther Party, they were in their early twenties. They are now into their seventies. This book is a record of their lives and their relationship, told in their own voices. Paul and Eddie talk about their individual stories, their work, their politics, and their immeasurable bond"--

A professor of sociology explores how black feminist thought confronts the injustices of poverty and white supremacy, and argues that those operating outside the mainstream emphasize sociological themes based on assumptions different than those commonly accepted.

"When the Emancipation Proclamation was signed in 1863, the black community owned less than one percent of the United States' total wealth. More than one hundred and fifty years later, that number has barely budged. The Color of Money seeks to explain the stubborn persistence of this racial wealth gap by focusing on the generators of wealth in the black community: black banks. With the civil rights movement in full swing, President Nixon promoted "black capitalism," a plan to support black banks and minority-owned businesses. But the catch-22 of black banking is that the very institutions needed to help communities escape the deep poverty caused by discrimination and segregation inevitably became victims of that same poverty. In this timely and eye-opening account, Baradaran challenges the long-standing belief that black communities could ever really hope to accumulate wealth in a segregated economy"--Back cover.

"One doctor's passionate and profound memoir of his experience grappling with race, bias, and the unique health problems of black AmericansWhen Damon Tweedy begins medical school, he envisions a bright future where his segregated, working-class background will become largely irrelevant. Instead, he finds that he has joined a new world where race is front and center. The recipient of a scholarship designed to increase black student enrollment, Tweedy soon meets a professor who bluntly questions whether he belongs in medical school, a moment that crystallizes the challenges he will face throughout his career. Making matters worse, in lecture after lecture the common refrain for numerous diseases resounds, "More common in blacks than whites." Black Man in a White Coat examines the complex ways in which both black doctors and patients must navigate the difficult and often contradictory terrain of race and medicine. As Tweedy transforms from student to practicing physician, he discovers how often race influences his encounters with patients. Through their stories, he illustrates the complex social, cultural, and economic factors at the root of most health problems in the black community. These issues take on greater meaning when Tweedy is himself diagnosed with a chronic disease far more common among black people. In this powerful, moving, and deeply empathic book, Tweedy explores the challenges confronting black doctors, and the disproportionate health burdens faced by black patients, ultimately seeking a way forward to better treatment and more compassionate care"--;"When Damon Tweedy first enters the halls of Duke University Medical School on a full scholarship, he envisions a bright future where his segregated, working class background will become largely irrelevant. Instead, he finds that he has joined a new world where race is front and center. When one of his first professors mistakes him for a maintenance worker, it is a moment that crystallizes the challenges he will face throughout his early career. Making matters worse, in lecture after lecture the common refrain for numerous diseases resounds, "More common in blacks than whites." In riveting, honest prose, Black Man in a White Coat examines the complex ways in which both black doctors and patients must navigate the difficult and often contradictory terrain of race and medicine. As Tweedy transforms from student to practicing physician, he discovers how often race influences his encounters with patients. Through their stories, he illustrates the complex social, cultural, and economic factors at the root of most health problems in the black community. These elements take on greater meaning when Tweedy finds himself diagnosed with a chronic disease far more common among black people. In this powerful, moving, and compassionate book, Tweedy deftly explores the challenges confronting black doctors, and the disproportionate health burdens faced by black patients, ultimately seeking a way forward to better treatment and more compassionate care.- For readers of Atul Gawande, Sandeep Jauhar, Pauline W. Chen, and Henrietta Lacks"--

The U.S. Supreme Court on Monday agreed to hear a bid by South Carolina officials to revive a Republican-crafted voting map that a lower court said had unconstitutionally "exiled" 30,000 Black voters from a closely contested congressional district.

Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

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 […]