Racial Justice and Law


Book Description

"White supremacy pervades American history. Moreover, notwithstanding landmark civil rights gains and egalitarian aspirations, America remains segregated and unequal. This book examines the role of law in reinforcing and ameliorating racial injustice. Although surveying key historical precedents, its primary focus is the present. The book examines contemporary controversies across a variety of settings, animated by three fundamental questions: What is the current racial order? To what extent is it unjust? How can law and legal actors advance a more racially just order? The book uses cases, statutes and other sources of law, supplemented by problems and exercises, to equip students to both critique and construct pragmatic solutions to race-related controversies"--Publisher's website.




The Inner Work of Racial Justice


Book Description

“Illuminates the very heart of social justice and how it might be approached and nurtured through mindfulness practices in community and through the discernment and new degrees of freedom these practices entrain.” --from the foreword by Jon Kabat-Zinn In a society where unconscious bias, microaggressions, institutionalized racism, and systemic injustices are so deeply ingrained, healing is an ongoing process. When conflict and division are everyday realities, our instincts tell us to close ranks, to find the safety of those like us, and to blame others. This book profoundly shows that in order to have the difficult conversations required for working toward racial justice, inner work is essential. Through the practice of embodied mindfulness--paying attention to our thoughts, feelings, and physical sensations in an open, nonjudgmental way--we increase our emotional resilience, recognize our own biases, and become less reactive when triggered. As Sharon Salzberg, New York Times-bestselling author of Real Happiness writes, “Rhonda Magee is a significant new voice I've wanted to hear for a long time—a voice both unabashedly powerful and deeply loving in looking at race and racism.” Magee shows that embodied mindfulness calms our fears and helps us to exercise self-compassion. These practices help us to slow down and reflect on microaggressions--to hold them with some objectivity and distance--rather than bury unpleasant experiences so they have a cumulative effect over time. Magee helps us develop the capacity to address the fears and anxieties that would otherwise lead us to re-create patterns of separation and division. It is only by healing from injustices and dissolving our personal barriers to connection that we develop the ability to view others with compassion and to live in community with people of vastly different backgrounds and viewpoints. Incorporating mindfulness exercises, research, and Magee's hard-won insights, The Inner Work of Racial Justice offers a road map to a more peaceful world.




The Rage of Innocence


Book Description

A brilliant analysis of the foundations of racist policing in America: the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse "Storytelling that can make people understand the racial inequities of the legal system, and...restore the humanity this system has cruelly stripped from its victims.” —New York Times Book Review Drawing upon twenty-five years of experience rep­resenting Black youth in Washington, D.C.’s juve­nile courts, Kristin Henning confronts America’s irrational, manufactured fears of these young peo­ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of rac­ism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White Amer­ica and are denied healthy adolescent development. She examines the criminalization of Black adoles­cent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprece­dented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.




Race, Law, and American Society


Book Description

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.




Reproducing Racism


Book Description

Law schools serve as gateway institutions into one of the most politically powerful social fields: the profession of law. Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.




Racism and the Law


Book Description

Racism and the Law is a text and casebook that provides an introduction to the close and complex relationships between race and law, legal institutions, and legal personnel. It combines original text with primary source documents such as judicial decisions and statutory materials. Historical, political, and linguistic analyses of legal materials are provided throughout the text. The book deals with the major historical legal developments that have caused and reinforced discrimination against African Americans, Asians, and Latinos, and addresses the courageous efforts of civil rights lawyers and organizations working for racial justice and equality in America. The volume is intended for use in undergraduate studies in several fields, including political science, history, African American studies, public policy, sociology, and criminal justice. It includes a bibliography for readers who wish to explore the topics in greater depth and the concluding chapter features specific directions for prospective lawyers who hope to work for racial justice in the early 21st century.




Bias in the Law


Book Description

Racial bias in the U.S. criminal justice system is much debated and discussed, but until now, no single volume has covered the full expanse of the issue. In Bias in the Law, sixteen outstanding experts address the impact of racial bias in the full roster of criminal justice actors. They examine the role of legislators crafting criminal justice legislation, community enforcers, and police, as well as prosecutors, criminal defense attorneys, judges, and jurors. Understanding when and why bias arises, as well as how it impacts defendants requires a clear understanding how each of these actors operate. Contributions touch on other crucial topics—racialized drug stigma, legal technology, and interventions—that are vital for understanding how the United States has reached this moment of stark racial disparity in incarceration. The result is an important entry into understanding the pervasiveness of racial bias, how such bias impacts legal outcomes, and why such impact matters. This is an issue that is as relevant today as it was fifty—or even one hundred fifty—years ago, and collection editors Joseph Avery and Joel Cooper provide a glimpse at how to proceed.




Literacy and Racial Justice


Book Description

In anticipation of the fiftieth anniversary of the landmark Brown v. Board of Education decision, Catherine Prendergast draws on a combination of insights from legal studies and literacy studies to interrogate contemporary multicultural literacy initiatives, thus providing a sound historical basis that informs current debates over affirmative action, school vouchers, reparations, and high-stakes standardized testing. As a result of Brown and subsequent crucial civil rights court cases, literacy and racial justice are firmly enmeshed in the American imagination--so much so that it is difficult to discuss one without referencing the other. Breaking with the accepted wisdom that the Brown decision was an unambiguous victory for the betterment of race relations, Literacy and Racial Justice: The Politics of Learning after Brown v. Board of Education finds that the ruling reinforced traditional conceptions of literacy as primarily white property to be controlled and disseminated by an empowered majority. Prendergast examines civil rights era Supreme Court rulings and immigration cases spanning a century of racial injustice to challenge the myth of assimilation through literacy. Advancing from Ways with Words, Shirley Brice Heath's landmark study of desegregated communities, Prendergast argues that it is a shared understanding of literacy as white property which continues to impact problematic classroom dynamics and education practices. To offer a positive model for reimagining literacy instruction that is truly in the service of racial justice, Prendergast presents a naturalistic study of an alternative public secondary school. Outlining new directions and priorities for inclusive literacy scholarship in America, Literacy and Racial Justice concludes that a literate citizen is one who can engage rather than overlook longstanding legacies of racial strife.




Justice Deferred


Book Description

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, Racism, and American Law


Book Description

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