shades of freedom racial politics and presumptions of the american legal process

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Shades Of Freedom

Author : A. Leon Higginbotham Jr.
ISBN : 0198028679
Genre : Social Science
File Size : 56. 60 MB
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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.

Shades Of Freedom Racial Politics And Presumptions Of The American Legal Process Race And The American Legal Process Volume Ii

Author : A. Leon Higginbotham
ISBN : 9780195122886
Genre : Law
File Size : 52. 56 MB
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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.

Black Enterprise

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BLACK ENTERPRISE is the ultimate source for wealth creation for African American professionals, entrepreneurs and corporate executives. Every month, BLACK ENTERPRISE delivers timely, useful information on careers, small business and personal finance.

Encyclopedia Of Race Ethnicity And Society

Author : Richard T. Schaefer
ISBN : 9781412926942
Genre : Social Science
File Size : 39. 22 MB
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This three volume reference set offers a comprehensive look at the roles race and ethnicity play in society and in our daily lives. General readers, students, and scholars alike will appreciate the informative coverage of intergroup relations in the United States and the comparative examination of race and ethnicity worldwide. These volumes offer a foundation to understanding as well as researching racial and ethnic diversity from a multidisciplinary perspective. Over a hundred racial and ethnic groups are described, with additional thematic essays offering insight into broad topics that cut across group boundaries and which impact on society. The encyclopedia has alphabetically arranged author-signed essays with references to guide further reading. Numerous cross-references aid the reader to explore beyond specific entries, reflecting the interdependent nature of race and ethnicity operating in society. The text is supplemented by photographs, tables, figures and custom-designed maps to provide an engaging visual look at race and ethnicity. An easy-to-use statistical appendix offers the latest data with carefully selected historical comparisons to aid study and research in the area

Inner Lives

Author : Paula Johnson
ISBN : 9780814743850
Genre : Law
File Size : 22. 47 MB
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The rate of women entering prison has increased nearly 400 percent since 1980, with African American women constituting the largest percentage of this population. However, despite their extremely disproportional representation in correctional institutions, little attention has been paid to their experiences within the criminal justice system. Inner Lives provides readers the rare opportunity to intimately connect with African American women prisoners. By presenting the women's stories in their own voices, Paula C. Johnson captures the reality of those who are in the system, and those who are working to help them. Johnson offers a nuanced and compelling portrait of this fastest-growing prison population by blending legal history, ethnography, sociology, and criminology. These striking and vivid narratives are accompanied by equally compelling arguments by Johnson on how to reform our nation's laws and social policies, in order to eradicate existing inequalities. Her thorough and insightful analysis of the historical and legal background of contemporary criminal law doctrine, sentencing theories, and correctional policies sets the stage for understanding the current system.

Faithful Bodies

Author : Heather Miyano Kopelson
ISBN : 9781479852345
Genre : History
File Size : 63. 49 MB
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In the seventeenth-century English Atlantic, religious beliefs and practices played a central role in creating racial identity. English Protestantism provided a vocabulary and structure to describe and maintain boundaries between insider and outsider. In this path-breaking study, Heather Miyano Kopelson peels back the layers of conflicting definitions of bodies and competing practices of faith in the puritan Atlantic, demonstrating how the categories of “white,” “black,” and “Indian” developed alongside religious boundaries between “Christian” and “heathen” and between “Catholic” and “Protestant.” Faithful Bodies focuses on three communities of Protestant dissent in the Atlantic World: Bermuda, Massachusetts, and Rhode Island. In this “puritan Atlantic,” religion determined insider and outsider status: at times Africans and Natives could belong as long as they embraced the Protestant faith, while Irish Catholics and English Quakers remained suspect. Colonists’ interactions with indigenous peoples of the Americas and with West Central Africans shaped their understandings of human difference and its acceptable boundaries. Prayer, religious instruction, sexual behavior, and other public and private acts became markers of whether or not blacks and Indians were sinning Christians or godless heathens. As slavery became law, transgressing people of color counted less and less as sinners in English puritans’ eyes, even as some of them made Christianity an integral part of their communities. As Kopelson shows, this transformation proceeded unevenly but inexorably during the long seventeenth century.

Zero Tolerance

Author : Andrea Mcardle
ISBN : 9780814764145
Genre : Social Science
File Size : 35. 12 MB
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Amadou Diallo, Abner Louima, Anthony Baez, Patrick Dorismond. New York City has been rocked in recent years by the fate of these four men at the hands of the police. But police brutality in New York City is a multi-dimensional phenomenon that refers not only to the hyperviolent response of white male police officers as in these cases, but to an entire set of practices that target homeless people, vendors, and sexual minorities. The complexity of the problem requires a commensurate response, which Zero Tolerance fulfills with a range of scholarship and activism. Offering perspectives from law and society, women's studies, urban and cultural studies, labor history, and the visual arts, the essays assembled here complement, and provide a counterpoint, to the work of police scholars on this subject. Framed as both a response and a challenge to official claims that intensified law enforcement has produced New York City's declining crime rates, Zero Tolerance instead posits a definition of police brutality more encompassing than the use of excessive physical force. Further, it develops the connections between the most visible and familiar forms of police brutality that have sparked a new era of grassroots community activism, and the day-to-day violence that accompanies the city's campaign to police the "quality of life." Contributors include: Heather Barr, Paul G. Chevigny, Derrick Bell, Tanya Erzen, Dayo F. Gore, Amy S. Green, Paul Hoffman, Andrew Hsiao, Tamara Jones, Joo-Hyun Kang, Andrea McArdle, Bradley McCallum, Andrew Ross, Eric Tang, Jacqueline Tarry, Sasha Torres, and Jennifer R. Wynn.

Why Lawsuits Are Good For America

Author : Carl T. Bogus
ISBN : 9780814737941
Genre : Law
File Size : 22. 60 MB
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Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless. Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America, Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.

The Color Of Crime

Author : Katheryn Russell-Brown
ISBN : 0814776175
Genre : Social Science
File Size : 28. 51 MB
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America is the most punitive nation in the world, incarcerating more than 2.3 million people—or one in 136 of its residents. Against the backdrop of this unprecedented mass imprisonment, punishment permeates everyday life, carrying with it complex cultural meanings. In The Culture of Punishment, Michelle Brown goes beyond prison gates and into the routine and popular engagements of everyday life, showing that those of us most distanced from the practice of punishment tend to be particularly harsh in our judgments. The Culture of Punishment takes readers on a tour of the sites where culture and punishment meet—television shows, movies, prison tourism, and post 9/11 new war prisons—demonstrating that because incarceration affects people along distinct race and class lines, it is only a privileged group of citizens who are removed from the experience of incarceration. These penal spectators, who often sanction the infliction of pain from a distance, risk overlooking the reasons for democratic oversight of the project of punishment and, more broadly, justifications for the prohibition of pain.

America Is The Prison

Author : Lee Bernstein
ISBN : 9780807898321
Genre : Social Science
File Size : 77. 11 MB
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In the 1970s, while politicians and activists outside prisons debated the proper response to crime, incarcerated people helped shape those debates though a broad range of remarkable political and literary writings. Lee Bernstein explores the forces that sparked a dramatic "prison art renaissance," shedding light on how incarcerated people produced powerful works of writing, performance, and visual art. These included everything from George Jackson's revolutionary Soledad Brother to Miguel Pinero's acclaimed off-Broadway play and Hollywood film Short Eyes. An extraordinary range of prison programs--fine arts, theater, secondary education, and prisoner-run programs--allowed the voices of prisoners to influence the Black Arts Movement, the Nuyorican writers, "New Journalism," and political theater, among the most important aesthetic contributions of the decade. By the 1980s and '90s, prisoners' educational and artistic programs were scaled back or eliminated as the "war on crime" escalated. But by then these prisoners' words had crossed over the wall, helping many Americans to rethink the meaning of the walls themselves and, ultimately, the meaning of the society that produced them.

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