Race, Racism, and American Law

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Publisher : Aspen Publishing
ISBN 13 : 1543850308
Total Pages : 1266 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Race, Racism, and American Law by : Derrick A. Bell

Download or read book Race, Racism, and American Law written by Derrick A. Bell and published by Aspen Publishing. This book was released on 2023-02-01 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for use with the authors’ forthcoming casebook, Race, Racism, and American Law, Seventh Edition (forthcoming 2024), Race, Racism, and American Law: Leading Cases and Materials includes significant historical and contemporary cases and materials edited with an aim to foreground the most relevant sections and passages to illustrate the crucial role of race in the formation of US law. This new edition of Derrick Bell’s groundbreaking textbook Race, Racism, and American Law, like prior versions, eschews a traditional casebook format. The locus of analysis in this text is the struggle for racial justice, and its underlying history and political context as reflected in the ongoing contestation over law, legal reform, and transformation. As such the supplement includes but is not limited to Supreme Court cases. We follow Bell’s model of locating all edited cases and materials in the supplement, reserving the book’s text to provide historical and political context for significant cases or legislative actions, along with hypothetical questions, comments, and other tools of analysis. Professors and students will benefit from: Both legal and non-legal primary source material.Leading Cases and Materials includes selected historical and contemporary cases, legislation, and other legal materials that foreground the crucial role of race and racism, and the struggle for racial justice, within and through US law. A carefully selected compilation of United States Supreme Court Cases. Each case is chosen to guide readers through elements of US jurisprudence which reflect both reform and retrenchment of societal inequity as it relates to the question of race. Cases range from significant 18th century cases such as Johnson v. McIntosh (1823) (indigenous people cannot transfer full title to land) to contemporary civil rights decisions such as Brnovich v. Democratic National Committee (2021) (further limiting the reach of the Voting Rights Act) and Comcast v. National Association of African American Owned Media (2020) (limiting protections against racial discrimination in contracting). Doctrinally and theoretically significant cases from lower federal courts and state courts. Cases from lower courts are selected to provide critical race insights into how judicial institutions outside the US Supreme Court shape doctrine and debates over race and racial inequality. Cases range from Acre v. Douglass (9th Cir. 2015) (ban on teaching of Mexican American studies found unconstitutional) to Lobato v. Taylor (Colo. 2003) (speculator attempts to divest Mexican American landowners with defective title derived from Mexico). Significant legislative and executive legal documents. This supplement includes materials going beyond traditional edited cases, reflecting the insight that a critical race analysis necessitates a grasp of law beyond the courts. Additional materials range from the United States Department of Justice Investigation of the Ferguson Police Department (2015) to the George Floyd Justice in Policing Act of 2020. Benefits for instructors and students: Provokes discussion on contemporary and historical legal controversies cases and materials edited to address issues the lens of critical race theory’s conceptual framework

Race, Racism and American Law

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Publisher :
ISBN 13 :
Total Pages : 127 pages
Book Rating : 4.:/5 (954 download)

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Book Synopsis Race, Racism and American Law by : Derrick Bell

Download or read book Race, Racism and American Law written by Derrick Bell and published by . This book was released on 1984 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Race, Racism, and American Law

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Publisher :
ISBN 13 :
Total Pages : 308 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Race, Racism, and American Law by : Derrick Bell

Download or read book Race, Racism, and American Law written by Derrick Bell and published by . This book was released on 1973 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Race, racism and American Law, supplement

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Publisher :
ISBN 13 : 9780316088275
Total Pages : pages
Book Rating : 4.0/5 (882 download)

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Book Synopsis Race, racism and American Law, supplement by : Derrick A. Bell

Download or read book Race, racism and American Law, supplement written by Derrick A. Bell and published by . This book was released on 1975 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Looseleaf

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Publisher : Aspen Publishing
ISBN 13 : 9781454836391
Total Pages : 0 pages
Book Rating : 4.8/5 (363 download)

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Book Synopsis Looseleaf by : Derrick Bell

Download or read book Looseleaf written by Derrick Bell and published by Aspen Publishing. This book was released on 2013-06-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Law: Cases in Context places primary emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than focusing simply on doctrinal details. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses, no matter the ideology or interpretative method. Unique, concise coverage of the dormant commerce clause material helps clarify this often murky area. This allows the introduction of discriminatory intent and effects concepts in a less charged setting than race or gender material. Cases are judiciously supplemented with background readings from various sources. Providing additional context, the readings are long enough to help students understand the arguments, and edited where necessary to prevent overwhelming them. Constitutional Law: Cases in Context represents rival interpretations of the Constitution by founders, Presidents, and other critics of the Court's decisions better than do many other casebooks. Study guide questions help students focus on the salient issues, challenge them to consider the court's opinions from various perspectives, suggest comparisons or connections with other cases, and invite the student to think about recurring foundational principles and debates. The text is accompanied by an in-depth Teacher's Manual and an annual case supplement.- The Second Edition welcomes Howard E. Katz, of Elon University and co-author of "Strategies and Techniques of Law School Teaching: A Primer for New (and Not So New) Professors." Greatly reduced and more tightly edited introductory material preserves and expands content while providing additional balance. The text is updated with the most recent cases throughout. A two-color design features an art program and boxed Study Guides, and the text is available in e-formats as well as print. The Second Edition is one of three volumes specifically tailored for the most common courses, replacing the common one-size-fits-all format. Constitutional Law: Cases in Context, is designed for use both in one-semester courses and in two-semester sequences devoted to structure and rights. Constitutional Structure: Cases in Context covers Parts I and II of the parent book, and Constitutional Rights: Cases in Context covers Parts I and III. Each specialized volume can be taught in its entirety in one-semester Con Law I or Con Law II courses. Features: emphasis on how constitutional law has developed, its foundational principles, and recurring debates, rather than on just doctrinal details teachable, class-sized chunks manageable for professors and students better suited to one-semester courses or reduced credit configurations generous case excerpts for flexibility in teaching, no matter the approach unique, concise coverage of dormant commerce clause helps a normally murky area to be taught efficiently allows introduction of discriminatory intent and effects concepts (in a less charged setting than race or gender material) cases supplemented with judicious background readings various sources provide context readings are long enough to help students to understand arguments edited where necessary to prevent overwhelming the reader represents rival interpretations of the Constitution by founders, Presidents, and critics of the Court's decisions includes study guide questions challenge students to consider the court's opinions from various perspectives direct the student to key aspects of th

Race, Racism, and American Law

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Publisher :
ISBN 13 : 9780316088152
Total Pages : 685 pages
Book Rating : 4.0/5 (881 download)

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Book Synopsis Race, Racism, and American Law by : Derrick A. Bell

Download or read book Race, Racism, and American Law written by Derrick A. Bell and published by . This book was released on 1980 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Letters of the Law

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Publisher : Stanford University Press
ISBN 13 : 0804795010
Total Pages : 184 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Letters of the Law by : Sora Y. Han

Download or read book Letters of the Law written by Sora Y. Han and published by Stanford University Press. This book was released on 2015-05-05 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmark features of the post–civil rights United States is the reign of colorblindness over national conversations about race and law. But how, precisely, should we understand this notion of colorblindness in the face of enduring racial hierarchy in American society? In Letters of the Law, Sora Y. Han argues that colorblindness is a foundational fantasy of law that not only informs individual and collective ideas of race, but also structures the imaginative capacities of American legal interpretation. Han develops a critique of colorblindness by deconstructing the law's central doctrines on due process, citizenship, equality, punishment and individual liberty, in order to expose how racial slavery and the ongoing struggle for abolition continue to haunt the law's reliance on the fantasy of colorblindness. Letters of the Law provides highly original readings of iconic Supreme Court cases on racial inequality—spanning Japanese internment to affirmative action, policing to prisoner rights, Jim Crow segregation to sexual freedom. Han's analysis provides readers with new perspectives on many urgent social issues of our time, including mass incarceration, educational segregation, state intrusions on privacy, and neoliberal investments in citizenship. But more importantly, Han compels readers to reconsider how the diverse legacies of civil rights reform archived in American law might be rewritten as a heterogeneous practice of black freedom struggle.

Race, Law, and American Society

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Publisher : Routledge
ISBN 13 : 1135087946
Total Pages : 438 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Race, Law, and American Society by : Gloria J. Browne-Marshall

Download or read book Race, Law, and American Society written by Gloria J. Browne-Marshall and published by Routledge. This book was released on 2013-05-02 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Gloria Browne-Marshall’s seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America’s racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.

Race, Racism and American Law 7e

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Publisher : Aspen Publishers
ISBN 13 : 9781454808107
Total Pages : pages
Book Rating : 4.8/5 (81 download)

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Book Synopsis Race, Racism and American Law 7e by : Bell

Download or read book Race, Racism and American Law 7e written by Bell and published by Aspen Publishers. This book was released on 2013-02-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Shades of Freedom

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Publisher : Oxford University Press
ISBN 13 : 0190284099
Total Pages : 352 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Shades of Freedom by : A. Leon Higginbotham Jr.

Download or read book Shades of Freedom written by A. Leon Higginbotham Jr. and published by Oxford University Press. This book was released on 1998-06-11 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

TM

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Publisher :
ISBN 13 : 9780735539624
Total Pages : 120 pages
Book Rating : 4.5/5 (396 download)

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Book Synopsis TM by : Bell

Download or read book TM written by Bell and published by . This book was released on 2004-06-01 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Race Law

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ISBN 13 :
Total Pages : 864 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Race Law by : F. Michael Higginbotham

Download or read book Race Law written by F. Michael Higginbotham and published by . This book was released on 2010 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Maintaining the easily readable style and tightly organized format of the first and second editions, the third edition of Race Law provides an in-depth examination of the issue of race in the American Legal process from the formation of the United States Constitution in 1787 to the present. In this book, Higginbotham combines a unique blend of moderately edited original source materials and scholarly analysis including historical background information, legislation, state and federal court decisions, commentary, biographical information, and questions. Fully revised and updated, the third edition offers important new material on race classification, reconstruction, reparations, citizenship, criminal justice, employment discrimination, affirmative action, and Supreme Court appointments. Higginbotham also explores the values of the individuals in power and probes how these values affected their choice of options. Race Law is divided into six parts: Analysis and Framework; Slavery; Reconstruction, Citizenship, and Sovereignty; Segregation; Attempted Eradication of Inequality; and Supreme Court Confirmation Controversies. While the material is presented primarily in chronological order, a few cases are strategically placed for pedagogical reasons consistent with the book's focus on values. This casebook is comprehensive in its coverage both as to time period (1787 to the present) and as to subject-matter (slavery, reconstruction, segregation, and attempted eradication as applied to African Americans, American Indians, Latinos/as, and Asian Americans). It includes all of the important cases and statutes pertaining to those subjects and groups. Although containing both cases and statutes, Race Law is an extremely readable casebook. Students love it because it reads like a novel rather than forty separate and distinct cases. This easily readable style is achieved by proceeding chronologically, by careful editing of each case, and by using introductions and conclusions for each case that allow for easy transitions between cases, and between cases and chapters. Race Law contains biographical information on individuals that played significant roles in the cases. Such information adds an element of reality to the theories being discussed. Race Law contains all of the fascinating stories that provide historical background to the cases and statutes. It is the only casebook that contains both cases and stories in one. Designed for those with limited exposure to the history of American race relations law, Race Law provides a unique introductory learning opportunity for law students, graduate students, and upper-division college students. The accompanying Teacher's Manual provides a detailed approach for each class session beginning with an introduction and an opening question, continuing with an in-depth examination of each assigned case, and concluding with a closing question and summary. An outline is provided for each class session, answers are provided for all suggested questions, and each case analysis includes facts, issue, holding, and rationale.

Race and Manifest Destiny

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Publisher : Harvard University Press
ISBN 13 : 0674038770
Total Pages : 380 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Race and Manifest Destiny by : Reginald HORSMAN

Download or read book Race and Manifest Destiny written by Reginald HORSMAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: American myths about national character tend to overshadow the historical realities. Mr. Horsman's book is the first study to examine the origins of racialism in America and to show that the belief in white American superiority was firmly ensconced in the nation's ideology by 1850. The author deftly chronicles the beginnings and growth of an ideology stressing race, basic stock, and attributes in the blood. He traces how this ideology shifted from the more benign views of the Founding Fathers, which embraced ideas of progress and the spread of republican institutions for all. He finds linkages between the new, racialist ideology in America and the rising European ideas of Anglo-Saxon, Teutonic, and scientific ideologies of the early nineteenth century. Most importantly, however, Horsman demonstrates that it was the merging of the Anglo-Saxon rhetoric with the experience of Americans conquering a continent that created a racialist philosophy. Two generations before the new immigrants began arriving in the late nineteenth century, Americans, in contact with blacks, Indians, and Mexicans, became vociferous racialists. In sum, even before the Civil War, Americans had decided that peoples of large parts of this continent were incapable of creating or sharing in efficient, prosperous, democratic governments, and that American Anglo-Saxons could achieve unprecedented prosperity and power by the outward thrust of their racialism and commercial penetration of other lands. The comparatively benevolent view of the Founders of the Republic had turned into the quite malevolent ideology that other peoples could not be regenerated through the spread of free institutions.

A Reader on Race, Civil Rights, and American Law

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Publisher :
ISBN 13 :
Total Pages : 836 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis A Reader on Race, Civil Rights, and American Law by : Timothy Davis

Download or read book A Reader on Race, Civil Rights, and American Law written by Timothy Davis and published by . This book was released on 2001 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology offers a range of legal and related literature analyzing the major issues of race and civil rights in the modern United States. Unlike previous works, which have tended to focus on the relationship between Caucasians and African Americans, this anthology considers race and civil rights issues from a wide range of minority perspectives -- African American, Asian American, Latino, and Native American. The debate over race issues is examined in numerous contexts, including the role of race in laws affecting education, housing, employment, voting rights, immigration, and the administration of criminal justice. In this anthology, editors Davis, Johnson, and Martinez explore broader themes such as the history of racial subordination of African Americans, Native Americans, Asian Americans and Latinos; affirmative action; hate speech; and the subordination of women of color. In setting the stage for an examination of race in these diverse contexts, the anthology's first selections explore the concept of race. The anthology is geared toward, but not limited to, law school classes focusing on civil rights and race relations. The selections are of such a nature that the anthology should also appeal to anyone interested in foundational readings in this area. Each chapter begins with an introduction that strives to provide a framework from which the reader can analyze the current debates over issues of race in the United States.

White by Law

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Publisher : NYU Press
ISBN 13 : 0814751377
Total Pages : 285 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis White by Law by : Ian Haney Lopez

Download or read book White by Law written by Ian Haney Lopez and published by NYU Press. This book was released on 1997-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insightful look at how legal definitions of race and racism perpetuate racial inequality Lily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American. White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion. Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.

Race, Law, and the Struggle for Racial Equality in the U.S.

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Publisher : Aspen Publishing
ISBN 13 : 1543859542
Total Pages : 681 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Race, Law, and the Struggle for Racial Equality in the U.S. by : Geeta Kapur

Download or read book Race, Law, and the Struggle for Racial Equality in the U.S. written by Geeta Kapur and published by Aspen Publishing. This book was released on 2024-02-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: Race, Law, and the Struggle for Racial Equality in the U.S. examines how the American legal system has legitimized and institutionalized racism, from slavery to Jim Crow segregation to the modern-day era of mass incarceration. This book, the first of its kind, has evolved from the author’s own experiences of both teaching race and the law for many years and practicing Civil Rights Law for over two decades. The text employs a novel interdisciplinary approach through primary source materials; archival records, photographs, and maps; and statutes and cases, to show how the judicial, executive, and legislative branches of the U.S. have deployed the law for racial control and to foster systemic racism in the areas of education, property and housing, criminal system, and voting rights. This study of race and law provides the historical and contemporary meaning of race and racism and explores the difference between justice and law; identifies the role of race and racism in early U.S. history and in the nation’s governing documents; explains how the legal system has historically limited access to citizenship, education, property and housing, and voting rights for African Americans; describes the epidemic of mass incarceration, its stakeholders and its collateral consequences; and, most importantly, guides students to be compassionate lawyers, committed to creating a more just and merciful society. Benefits for instructors and students: The text, based on the curriculum of a race law course that has been taught for over 10 years, examines and connects historical and contemporary legal issues in the areas of education, property and housing, the criminal legal system, and voting rights Rich primary historical materials provide deep exploration of the connection of the law and racism, from past to present A wide variety of photographs, maps, and illustrations provide real examples and context Detailed background stories put cases and excerpts in vivid context The text includes explanations of the origin of race and the different manifestations of racism The author’s riveting writing style will be of high interest to students A bibliography provides an overview of the challenges faced by African Americans during the struggles for voting rights—from slavery, to post-reconstruction and Jim Crow restrictions, to the Voting Rights Act of 1965, to U.S. Supreme Court cases and constitutional constraints The text features a full treatment of the origin, the legal history of affirmative action, and the 2023 affirmative action decision of Students for Fair Admissions, Inc. v. University of North Carolina and Harvard University

Black Labor and the American Legal System

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Publisher : Univ of Wisconsin Press
ISBN 13 : 9780299105945
Total Pages : 476 pages
Book Rating : 4.1/5 (59 download)

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Book Synopsis Black Labor and the American Legal System by : Herbert Hill

Download or read book Black Labor and the American Legal System written by Herbert Hill and published by Univ of Wisconsin Press. This book was released on 1985 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial discrimination.