“Race,” Rights and the Law in the Supreme Court of Canada

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Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 0889205663
Total Pages : 464 pages
Book Rating : 4.8/5 (892 download)

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Book Synopsis “Race,” Rights and the Law in the Supreme Court of Canada by : James W. St.G. Walker

Download or read book “Race,” Rights and the Law in the Supreme Court of Canada written by James W. St.G. Walker and published by Wilfrid Laurier Univ. Press. This book was released on 2006-01-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Four cases in which the legal issue was “race” — that of a Chinese restaurant owner who was fined for employing a white woman; a black man who was refused service in a bar; a Jew who wanted to buy a cottage but was prevented by the property owners’ association; and a Trinidadian of East Indian descent who was acceptable to the Canadian army but was rejected for immigration on grounds of “race” — drawn from the period between 1914 and 1955, are intimately examined to explore the role of the Supreme Court of Canada and the law in the racialization of Canadian society. With painstaking research into contemporary attitudes and practices, Walker demonstrates that Supreme Court Justices were expressing the prevailing “common sense” about “race” in their legal decisions. He shows that injustice on the grounds of “race” has been chronic in Canadian history, and that the law itself was once instrumental in creating these circumstances. The book concludes with a controversial discussion of current directions in Canadian law and their potential impact on Canada’s future as a multicultural society.

Race, Courts and Tribunals

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Author :
Publisher : Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut Canada
ISBN 13 :
Total Pages : 660 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Race, Courts and Tribunals by : Grace Alison Permaul

Download or read book Race, Courts and Tribunals written by Grace Alison Permaul and published by Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut Canada. This book was released on 2000 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Colour-Coded

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Publisher : University of Toronto Press
ISBN 13 : 1442690852
Total Pages : 505 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Colour-Coded by : Constance Backhouse

Download or read book Colour-Coded written by Constance Backhouse and published by University of Toronto Press. This book was released on 1999-11-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

Justice Deferred

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Publisher : Harvard University Press
ISBN 13 : 0674975642
Total Pages : 465 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Justice Deferred by : Orville Vernon Burton

Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

Race Against the Court

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Publisher : NYU Press
ISBN 13 : 0814739792
Total Pages : 282 pages
Book Rating : 4.8/5 (147 download)

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Book Synopsis Race Against the Court by : Girardeau A. Spann

Download or read book Race Against the Court written by Girardeau A. Spann and published by NYU Press. This book was released on 1994-02-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Must reading for anyone who seeks a better understanding of the U.S. Supreme Court's role in race relations policy." —Choice "Beware! Those committed to the Supreme Court as the ultimate defender of minority rights should not read Race Against the Court. Through a systematic peeling away of antimajoritarian myth, Spann reveals why the measure of relief the Court grants victims of racial injustice is determined less by the character of harm suffered by blacks than the degree of disadvantage the relief sought will impose on whites. A truly pathbreaking work." —Derrick Bell As persuasive as it is bold. Race Against The Court stands as a necessary warning to a generation of progressives who have come to depend on the Supreme Court of the perils of such dependency. It joins with Bruce Ackerman's We, the People and John Brigham's Cult of the Court as the best in contemporary work on the Supreme Court. —Austin Sarat, William Nelson,Cromwell Professor of Jurisprudence and Political Science, Amherst College The controversies surrounding the nominations, confirmations, and rejections of recent Supreme Court justices, and the increasingly conservative nature of the Court, have focused attention on the Supreme Court as never before. Although the Supreme Court is commonly understood to be the guardian of minority rights against the tyranny of the majority, Race Against The Court argues that the Court has never successfully performed this function. Rather the actual function of the Court has been to perpetuate the subordination of racial minorities by operating as an undetected agent of majoritarian preferences in the political preferences. In this provocative, controversial, and timely work, Girardeau Spann illustrates how the selection process for Supreme Court justices ensures that they will share the political preferences of the elite majority that runs the nation. Customary safeguards that are designed to protect the judicial process from majoritarian predispositions, Spann contends, cannot successfully insulate judicial decisionmaking from the pervasive societal pressures that exist to discount racial minority interests. The case most often cited as the icon of Court sensitivity to minority rights, Brown v. Board of Education, has more recently served to lull minorities into believing that efforts at political self-determination are futile, fostering a seductive dependence and overreliance on the Court as the caretaker of minority rights. Race Against The Court demonstrates how the Court has centralized the law of affirmative action in a way that stymies minority efforts for meaningful political and economic gain and how it has legitimated the legal status quo in a way that causes minorities never even to question the inevitability of their subordinate social status. Spann contends that racial minorities would be better off seeking to advance their interests in the pluralist political process and proposes a novel strategy for minorities to pursue in order to extricate themselves from the seemingly inescapable grasp of Supreme Court protection. Certain to generate lively, heated debate, Race Against The Court exposes the veiled majoritarianism of the Supreme Court and the dangers of allowing the Court to formulate our national racial policy.

The Supreme Court, Race, and Civil Rights

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Author :
Publisher : SAGE Publications
ISBN 13 : 1506320252
Total Pages : 512 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis The Supreme Court, Race, and Civil Rights by : Abraham L. Davis

Download or read book The Supreme Court, Race, and Civil Rights written by Abraham L. Davis and published by SAGE Publications. This book was released on 1995-07-25 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.

Race, Racism, and American Law

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Author :
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

Reckoning with Racism

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Author :
Publisher : UBC Press
ISBN 13 : 0774868295
Total Pages : 300 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Reckoning with Racism by : Constance Backhouse

Download or read book Reckoning with Racism written by Constance Backhouse and published by UBC Press. This book was released on 2022-11-22 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1994, a white police officer arrested a Black teenager, placed him in a choke hold, and charged him with assault and obstructing arrest. In acquitting the teen, Judge Corrine Sparks – Canada’s first Black female judge – remarked that police sometimes overreacted when dealing with non-white youth. The acquittal was appealed and ultimately upheld, but most of the white judges who reviewed the decision critiqued Sparks’s comments. Reckoning with Racism considers the RDS case, in which the Supreme Court of Canada fumbled over its first complaint of judicial racial bias. This is an enthralling account of the country’s most momentous race case.

Justice Deferred

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Publisher : Harvard University Press
ISBN 13 : 067425886X
Total Pages : 465 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice Deferred by : Orville Vernon Burton

Download or read book Justice Deferred written by Orville Vernon Burton and published by Harvard University Press. This book was released on 2021-05-31 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: “[A] learned and thoughtful portrayal of the history of race relations in America...authoritative and highly readable...[An] impressive work.” —Randall Kennedy, The Nation “This comprehensive history...reminds us that the fight for justice requires our constant vigilance.” —Ibram X. Kendi “Remarkable for the breadth and depth of its historical and legal analysis...makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.” —Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings. In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.

Critical Race Judgments

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Publisher : Cambridge University Press
ISBN 13 : 1107164524
Total Pages : 725 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Critical Race Judgments by : Bennett Capers

Download or read book Critical Race Judgments written by Bennett Capers and published by Cambridge University Press. This book was released on 2022-04-21 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using CRT, this book demonstrates how law can make Black lives, and the lives of other racially marginalized groups, matter.

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:

Shades of Freedom

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Publisher : Oxford University Press
ISBN 13 : 0198028679
Total Pages : 353 pages
Book Rating : 4.1/5 (98 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 353 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.

On Account of Race

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Author :
Publisher : Catapult
ISBN 13 : 1640093923
Total Pages : 305 pages
Book Rating : 4.6/5 (4 download)

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Book Synopsis On Account of Race by : Lawrence Goldstone

Download or read book On Account of Race written by Lawrence Goldstone and published by Catapult. This book was released on 2020-05-05 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the Lillian Smith Book Award An award–winning constitutional law historian examines case–based evidence of the court's longstanding racial bias (often under the guise of "states rights") to reveal how that prejudice has allowed the court to solidify its position as arguably the most powerful branch of the federal government. One promise of democracy is the right of every citizen to vote. And yet, from our founding, strong political forces were determined to limit that right. The Supreme Court, Alexander Hamilton wrote, would protect the weak against this very sort of tyranny. Still, as On Account of Race forcefully demonstrates, through the better part of American history the Court has instead been a protector of white rule. And complex threats against the right to vote persist even today. Beginning in 1876, the Supreme Court systematically dismantled both the equal protection guarantees of the Fourteenth Amendment and what seemed to be the right to vote in the Fifteenth. And so a half million African Americans across the South who had risked their lives and property to be allowed to cast ballots were stricken from voting rolls by white supremacists. This vacuum allowed for the rise of Jim Crow. None of this was done in the shadows—those determined to wrest the vote from black Americans could not have been more boastful in either intent or execution. On Account of Race tells the story of an American tragedy, the only occasion in United States history in which a group of citizens who had been granted the right to vote then had it stripped away. It is a warning that the right to vote is fragile and must be carefully guarded and actively preserved lest American democracy perish.

The Evolution of Civil Rights in USA: Enduring Fight Against Racism With Legislation

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Author :
Publisher : e-artnow
ISBN 13 :
Total Pages : 688 pages
Book Rating : 4.4/5 (64 download)

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Book Synopsis The Evolution of Civil Rights in USA: Enduring Fight Against Racism With Legislation by : U.S. Government

Download or read book The Evolution of Civil Rights in USA: Enduring Fight Against Racism With Legislation written by U.S. Government and published by e-artnow. This book was released on 2020-07-03 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: e-artnow presents to you a unique legal civil right collection comprised of the most important U.S. Civil Rights Acts and Supreme Court decisions considering racial discrimination. _x000D_ Table of Contents:_x000D_ Emancipation Proclamation & Gettysburg Address (1863)_x000D_ Thirteenth Amendment to the United States Constitution (1865)_x000D_ Civil Rights Act of 1866_x000D_ Fourteenth Amendment to the United States Constitution (1868)_x000D_ Reconstruction Acts (1867-1868)_x000D_ Fifteenth Amendment to the United States Constitution (1870)_x000D_ Enforcement Act of 1870_x000D_ The First Enforcement Act of 1871 (to enforce the rights of citizens of the United States to vote in the several States of this Union)_x000D_ The Second Enforcement Act of 1871 (Ku Klux Klan Act)_x000D_ Civil Rights Act of 1875_x000D_ Executive Order 9981 (1948)_x000D_ Voting Rights Law of 1965_x000D_ Executive Order 11246 (1965)_x000D_ Fair Housing Act (1968)_x000D_ United States Code Title 18 Chapter 13 (1968, 1976, 1988, 1994, 2009)_x000D_ The Community Reinvestment Act (1977)_x000D_ Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2007)_x000D_ Case Law:_x000D_ Strauder v. West Virginia (1880)_x000D_ Buchanan v. Warley (1917)_x000D_ Shelley v. Kraemer (1948)_x000D_ Sweatt v. Painter (1950)_x000D_ Brown v. Board of Education (1954)_x000D_ Boynton v. Virginia (1960)_x000D_ Heart of Atlanta Motel Inc. v. United States (1964)_x000D_ Loving v. Virginia (1967)_x000D_ Jones v. Alfred H. Mayer Co. (1968)_x000D_ Regents of the University of California v. Bakke (1978)_x000D_ Batson v. Kentucky (1986)

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

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Author :
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

Critical Race Judgments

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316732592
Total Pages : 725 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Critical Race Judgments by : Bennett Capers

Download or read book Critical Race Judgments written by Bennett Capers and published by Cambridge University Press. This book was released on 2022-04-21 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – 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.

The Law of Affirmative Action

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Author :
Publisher : NYU Press
ISBN 13 : 9780814781401
Total Pages : 340 pages
Book Rating : 4.7/5 (814 download)

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Book Synopsis The Law of Affirmative Action by : Girardeau A. Spann

Download or read book The Law of Affirmative Action written by Girardeau A. Spann and published by NYU Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The debate over race in this country has of late converged on the contentious issue of affirmative action. Although the Supreme Court once supported the concept of racial affirmative action, in recent years a majority of the Court has consistently opposed various affirmative action programs. The Law of Affirmative Action provides a comprehensive chronicle of the evolution of the Supreme Court's involvement with the racial affirmative action issue over the last quarter century. Starting with the 1974 DeFunis v. Odegaard decision and the 1978 Bakke decision, which marked the beginnings of the Court's entanglement with affirmative action, Girardeau Spann examines every major Supreme Court affirmative action decision, showing how the controversy the Court initially left unresolved in DeFunis has persisted through the Court's 1998-99 term. Including nearly thirty principal cases, covering equal protection, voting rights, Title VII, and education, The Law of Affirmative Action is the only work to treat the Court decisions on racial affirmative action so closely, tracing the votes of each justice who has participated in the decisions. Indispensable for students and scholars, this timely volume elucidates reasons for the 180 degree turn in opinion on an issue so central to the debate on race in America today.