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Book Shades of Freedom

    Book Details:
  • Author : A. Leon Higginbotham Jr.
  • Publisher : Oxford University Press
  • Release : 1998-06-11
  • ISBN : 0198028679
  • Pages : 353 pages

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.

Book Race  Values and the American Legal Process

Download or read book Race Values and the American Legal Process written by and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Shades of Freedom

    Book Details:
  • Author : A. Leon Higginbotham
  • Publisher : Oxford University Press
  • Release : 1998-06-11
  • ISBN : 0195122887
  • Pages : 254 pages

Download or read book Shades of Freedom written by A. Leon Higginbotham and published by Oxford University Press. This book was released on 1998-06-11 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: A magisterial account of the interaction between the law and racial oppression in America, from colonial times to the present, this book demonstrates 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. 43 photos.

Book Race Law

    Book Details:
  • Author : F. MICHAEL. HIGGINBOTHAM
  • Publisher :
  • Release : 2020-08-05
  • ISBN : 9781531018634
  • Pages : pages

Download or read book Race Law written by F. MICHAEL. HIGGINBOTHAM and published by . This book was released on 2020-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Race  Incarceration  and American Values

Download or read book Race Incarceration and American Values written by Glenn C. Loury and published by MIT Press. This book was released on 2008-08-22 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why stigmatizing and confining a large segment of our population should be unacceptable to all Americans. The United States, home to five percent of the world's population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate—at 714 per 100,000 residents and rising—is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury argues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans—vastly disproportionately black and brown—with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes.

Book Race  Racism  and American Law

    Book Details:
  • Author : Derrick A. Bell
  • Publisher : Aspen Publishing
  • Release : 2023-02-01
  • ISBN : 1543850308
  • Pages : 1266 pages

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

Book Symposium

Download or read book Symposium written by Yale Law School and published by . This book was released on 2002 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Race  Values  and the Early American Legal Process

Download or read book Race Values and the Early American Legal Process written by Aloyisus Leon Higginbotham and published by University of Lagos Press. This book was released on 1987-01-01 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Race Law

    Book Details:
  • Author : F. Michael Higginbotham
  • Publisher :
  • Release : 2010
  • ISBN :
  • Pages : 864 pages

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.

Book Race  Law  and American Society

    Book Details:
  • Author : Gloria J. Browne-Marshall
  • Publisher : Routledge
  • Release : 2013-05-02
  • ISBN : 1135087946
  • Pages : 497 pages

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 497 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.

Book Not All Black and White

Download or read book Not All Black and White written by Christopher F. Edley and published by Macmillan. This book was released on 1998-03-04 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Christopher Edley, who served as point man for President Clinton's review of affirmative action, offers a spirited, lively analysis of one of the most vexing and contented issues in politics today. As he did for the President, so here, in a cogent, persuasive book for general readers and serious voters, Edley considers all the relevant legal data, social-science evidence, public-policy developments, and private-sector practice, then makes his eloquent, powerful case.

Book In the Matter of Color

Download or read book In the Matter of Color written by A. Leon Higginbotham and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book White by Law

    Book Details:
  • Author : Ian Haney Lopez
  • Publisher : NYU Press
  • Release : 2006-10
  • ISBN : 0814736947
  • Pages : 285 pages

Download or read book White by Law written by Ian Haney Lopez and published by NYU Press. This book was released on 2006-10 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Book White by Law

    Book Details:
  • Author : Ian Haney Lopez
  • Publisher : NYU Press
  • Release : 1996
  • ISBN : 0814751377
  • Pages : 285 pages

Download or read book White by Law written by Ian Haney Lopez and published by NYU Press. This book was released on 1996 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Haney López revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney López considers how his own personal experiences with white racial privilege helped engender White by Law.

Book Race  Racism  and American Law

Download or read book Race Racism and American Law written by Derrick Bell and published by Aspen Publishers. This book was released on 1980 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Black and Blue

    Book Details:
  • Author : James L. Gibson
  • Publisher :
  • Release : 2018
  • ISBN : 0190865229
  • Pages : 225 pages

Download or read book Black and Blue written by James L. Gibson and published by . This book was released on 2018 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: A crisis of legitimacy exists between African Americans and American legal institutions. This book shows how and why African Americans differ in a desire to ascribe legitimacy to legal institutions, as well as a willingness to accept the policy decisions those institutions put forward.

Book Shades of Freedom

Download or read book Shades of Freedom written by Aloysius Leon Higginbotham and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Higginbotham looks at the interaction between the law and racial oppression in America from colonial times to the present. His previous work, In the Matter of Color, is regarded as a definitive account of racism and the law in colonial America.