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In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf…
of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.Trotskyists on Trial: Free Speech and Political Persecution Since the Age of FDR (Culture, Labor, History #1)
Par Donna Haverty-Stacke. 2015
Passed in June 1940, the Smith Act was a peacetime anti-sedition law that marked a dramatic shift in the legal…
definition of free speech protection in America by criminalizing the advocacy of disloyalty to the government by force. It also criminalized the acts of printing, publishing, or distributing anything advocating such sedition and made it illegal to organize or belong to any association that did the same. It was first brought to trial in July 1941, when a federal grand jury in Minneapolis indicted twenty-nine Socialist Workers Party members, fifteen of whom also belonged to the militant Teamsters Local 544. Eighteen of the defendants were convicted of conspiring to overthrow the government. Examining the social, political, and legal history of the first Smith Act case, this book focuses on the tension between the nation’s cherished principle of free political expression and the demands of national security on the eve of America’s entry into World War II. Based on newly declassified government documents and recently opened archival sources, Trotskyists on Trial explores the implications of the case for organized labor and civil liberties in wartime and postwar America. The central issue of how Americans have tolerated or suppressed dissent during moments of national crisis is not only important to our understanding of the past, but also remains a pressing concern in the post-9/11 world. This volume traces some of the implications of the compromise between rights and security that was made in the mid-twentieth century, offering historical context for some of the consequences of similar bargains struck today.Cheating Welfare: Public Assistance and the Criminalization of Poverty
Par Kaaryn Gustafson. 2011
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a…
result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred—so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between.In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable—not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.Legal Canons
Par Jack Balkin, Sanford Levinson. 2000
Every discipline has its canon: the set of standard texts, approaches, examples, and stories by which it is recognized and…
which its members repeatedly invoke and employ. Although the last twenty-five years have seen the influence of interdisciplinary approaches to legal studies expand, there has been little recent consideration of what is and what ought to be canonical in the study of law today.Legal Canons brings together fifteen essays which seek to map out the legal canon and the way in which law is taught today. In order to understand how the twin ideas of canons and canonicity operate in law, each essay focuses on a particular aspect, from contracts and constitutional law to questions of race and gender. The ascendance of law and economics, feminism, critical race theory, and gay legal studies, as well as the increasing influence of both rational-actor methodology and postmodernism, are all scrutinized by the leading scholars in the field. A timely and comprehensive volume, Legal Canons articulates the need for, and means to, opening the debate on canonicity in legal studies.Table of ContentsWhite by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the…
most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.In the first edition of White by Law, Haney López traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed 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.Ten years later, 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 Lopez considers how his own personal experiences with white racial privilege helped engender White by Law.The Law as it Could Be
Par Owen Fiss. 2003
The Law As It Could Be gathers Fiss’s most important work on procedure, adjudication and public reason, introduced by the…
author and including contextual introductions for each piece—some of which are among the most cited in Twentieth Century legal studies. Fiss surveys the legal terrain between the landmark cases of Brown v. Board of Education and Bush v. Gore to reclaim the legal legacy of the Civil Rights Movement. He argues forcefully for a vision of judges as instruments of public reason and of the courts as a means of shaping society in the image of the Constitution. In building his argument, Fiss attends to topics as diverse as the use of the injunction to restructure social institutions; how law and economics have misunderstood the role of the judge; why the movement seeking alternatives to adjudication fails to serve the public interest; and why Bush v. Gore was not the constitutional crisis some would have us believe. In so doing, Fiss reveals a vision of adjudication that vindicates the public reason on which Brown v. Board of Education was founded.Obama's Guantánamo: Stories from an Enduring Prison
Par Jonathan Hafetz. 2016
The U.S. detention center at Guantánamo Bay has become the symbol of an unprecedented detention system of global reach and…
immense power. Since the 9/11 attacks, the news has on an almost daily basis headlined stories of prisoners held indefinitely at Guantánamo without charge or trial, many of whom have been interrogated in violation of restrictions on torture and other abuse. These individuals, once labeled “enemy combatants” to eliminate legal restrictions on their treatment, have in numerous instances been subject to lawless renditions between prisons around the world. The lines between law enforcement and military action; crime and war; and the executive, legislative, and judicial branches of power have become dangerously blurred, and it is time to unpack the evolution and trajectory of these detentions to devise policies that restore the rule of law and due process.Obama’s Guantánamo: Stories from an Enduring Prison describes President Obama’s failure to close America’s enduring offshore detention center, as he had promised to do within his first year in office, and the costs of that failure for those imprisoned there. Like its predecessor, Guantánamo Lawyers: Inside a Prison Outside the Law, Obama’s Guantánamo consists of accounts from lawyers who have not only represented detainees, but also served as their main connection to the outside world. Their stories provide us with an accessible explanation of the forces at work in the detentions and place detainees’ stories in the larger context of America’s submission to fearmongering. These stories demonstrate all that is wrong with the prison and the importance of maintaining a commitment to human rights even in times of insecurity.Test Tube Families: Why the Fertility Market Needs Legal Regulation
Par Naomi Cahn. 2009
The birth of the first test tube baby in 1978 focused attention on the sweeping advances in assisted reproductive technology…
(ART), which is now a multi-billion-dollar business in the United States. Sperm and eggs are bought and sold in a market that has few barriers to its skyrocketing growth. While ART has been an invaluable gift to thousands of people, creating new families, the use of someone else’s genetic material raises complex legal and public policy issues that touch on technological anxiety, eugenics, reproductive autonomy, identity, and family structure. How should the use of gametic material be regulated? Should recipients be able to choose the “best” sperm and eggs? Should a child ever be able to discover the identity of her gamete donor? Who can claim parental rights?Naomi R. Cahn explores these issues and many more in Test Tube Families, noting that although such questions are fundamental to the new reproductive technologies, there are few definitive answers currently provided by the law, ethics, or cultural norms. As a new generation of "donor kids" comes of age, Cahn calls for better regulation of ART, exhorting legal and policy-making communities to cease applying piecemeal laws and instead create legislation that sustains the fertility industry while simultaneously protecting the interests of donors, recipients, and the children that result from successful transfers.Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action
Par Andrew Ferguson. 2012
An argument for the constitutional responsibility to participate in jury dutyIt’s easy to forget how important the jury really is…
to America. The right to be a juror is one of the fundamental rights guaranteed to all eligible citizens. The right to trial by jury helped spark the American Revolution, was quickly adopted at the Constitutional Convention, and is the only right that appears in both the Constitution and the Bill of Rights. But for most of us, a jury summons is an unwelcome inconvenience. Who has time for jury duty? We have things to do.In Why Jury Duty Matters, Andrew Guthrie Ferguson reminds us that whether we like it or not, we are all constitutional actors. Jury duty provides an opportunity to reflect on that constitutional responsibility. Combining American history, constitutional law, and personal experience, the book engages citizens in the deeper meaning of jury service. Interweaving constitutional principles into the actual jury experience, this book is a handbook for those Americans who want to enrich the jury experience. It seeks to reconnect ordinary citizens to the constitutional character of a nation by focusing on the important, and largely ignored, democratic lessons of the jury.Jury duty is a shared American tradition. It connects people across class and race, creates habits of focus and purpose, and teaches values of participation, equality, and deliberation. We know that juries are important for courts, but we don’t know that jury service is important for democracy. This book inspires us to re-examine the jury experience and act on the constitutional principles that guide our country before, during, and after jury service.Sorcerers' Apprentices: 100 Years of Law Clerks at the United States Supreme Court
Par Artemus Ward, David Weiden. 2006
Law clerks have been a permanent fixture in the halls of the United States Supreme Court from its founding, but…
the relationship between clerks and their justices has generally been cloaked in secrecy. While the role of the justice is both public and formal, particularly in terms of the decisions a justice makes and the power that he or she can wield in the American political system, the clerk has historically operated behind closed doors. Do clerks make actual decisions that they impart to justices, or are they only research assistants that carry out the instructions of the decision makers—the justices?Based on Supreme Court archives, the personal papers of justices and other figures at the Supreme Court, and interviews and written surveys with 150 former clerks, Sorcerers’ Apprentices is a rare behind-the-scenes look at the life of a law clerk, and how it has evolved since its nineteenth-century beginnings. Artemus Ward and David L. Weiden reveal that throughout history, clerks have not only written briefs, but made significant decisions about cases that are often unseen by those outside of justices' chambers. Should clerks have this power, they ask, and, equally important, what does this tell us about the relationship between the Supreme Court’s accountability to and relationship with the American public?Sorcerers’ Apprentices not only sheds light on the little-known role of the clerk but offers provocative suggestions for reforming the institution of the Supreme Court clerk. Anyone that has worked as a law clerk, is considering clerking, or is interested in learning about what happens in the chambers of Supreme Court justices will want to read this engaging and comprehensive examination of how the role of the law clerk has evolved over its long history.Degradation: What the History of Obscenity Tells Us about Hate Speech
Par Kevin Saunders. 2010
Throughout history obscenity has not really been about sex but about degradation. Sexual depictions have been suppressed when they were…
seen as lowering the status of humans, furthering our distance from the gods or God and moving us toward the animals. In the current era, when we recognize ourselves and both humans and animals, sexual depiction has lost some of its sting. Its degrading role has been replaced by hate speech that distances groups, whether based on race, ethnicity, gender, or sexual orientation, not only from God but from humanity to a subhuman level. In this original study of the relationship between obscenity and hate speech, First Amendment specialist Kevin W. Saunders traces the legal trajectory of degradation as it moved from sexual depiction to hateful speech. Looking closely at hate speech in several arenas, including racist, homophobic, and sexist speech in the workplace, classroom, and other real-life scenarios, Saunders posits that if hate speech is today’s conceptual equivalent of obscenity, then the body of law that dictated obscenity might shed some much-needed light on what may or may not qualify as punishable hate speech.Girls on the Stand: How Courts Fail Pregnant Minors
Par Helena Silverstein. 1916
Choice Outstanding Academic Title for 2008The U.S. Supreme Court has decided that states may require parental involvement in the abortion…
decisions of pregnant minors as long as minors have the opportunity to petition for a “bypass” of parental involvement. To date, virtually all of the 34 states that mandate parental involvement have put judges in charge of the bypass process. Individual judges are thereby responsible for deciding whether or not the minor has a legitimate basis to seek an abortion absent parental participation. In this revealing and disturbing book, Helena Silverstein presents a detailed picture of how the bypass process actually functions.Silverstein led a team of researchers who surveyed more than 200 courts designated to handle bypass cases in three states. Her research shows indisputably that laws are being routinely ignored and, when enforced, interpreted by judges in widely divergent ways. In fact, she finds audacious acts of judicial discretion, in which judges structure bypass proceedings in a shameless and calculated effort to communicate their religious and political views and to persuade minors to carry their pregnancies to term. Her investigations uncover judicial mandates that minors receive pro-life counseling from evangelical Christian ministries, as well as the practice of appointing attorneys to represent the interests of unborn children at bypass hearings.Girls on the Stand convincingly demonstrates that safeguards promised by parental involvement laws do not exist in practice and that a legal process designed to help young women make informed decisions instead victimizes them. In making this case, the book casts doubt not only on the structure of parental involvement mandates but also on the naïve faith in law that sustains them. It consciously contributes to a growing body of books aimed at debunking the popular myth that, in the land of the free, there is equal justice for all.Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten…
Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now writing about religious liberty, provocatively contends that we must get over our presumption mistakenly believed to be rooted in the Constitution that all religions are equally true and virtuous and "authentically American." Smith puts forth an alternative view, that the courts should promote an ideal of tolerance rather than equality and neutrality. Examining such controversial examples as the animal sacrifice case, the peyote case, and the problem of aid to parochial schools, Smith delineates a way for us to tolerate and respect contrary creeds without sacrificing or diluting our own beliefs and without pretending to believe in a spurious "equality" among the variety of diverse faiths.Feminist Legal History: Essays on Women and Law
Par Tracey Boisseau, Tracy Thomas. 2011
Attuned to the social contexts within which laws are created, feminist lawyers, historians, and activists have long recognized the discontinuities…
and contradictions that lie at the heart of efforts to transform the law in ways that fully serve women’s interests. At its core, the nascent field of feminist legal history is driven by a commitment to uncover women’s legal agency and how women, both historically and currently, use law to obtain individual and societal empowerment.Feminist Legal History represents feminist legal historians’ efforts to define their field, by showcasing historical research and analysis that demonstrates how women were denied legal rights, how women used the law proactively to gain rights, and how, empowered by law, women worked to alter the law to try to change gendered realities. Encompassing two centuries of American history, thirteen original essays expose the many ways in which legal decisions have hinged upon ideas about women or gender as well as the ways women themselves have intervened in the law, from Elizabeth Cady Stanton’s notion of a legal class of gender to the deeply embedded inequities involved in Ledbetter v. Goodyear, a 2007 Supreme Court pay discrimination case.Contributors: Carrie N. Baker, Felice Batlan, Tracey Jean Boisseau, Eileen Boris, Richard H. Chused, Lynda Dodd, Jill Hasday, Gwen Hoerr Jordan, Maya Manian, Melissa Murray, Mae C. Quinn, Margo Schlanger, Reva Siegel, Tracy A. Thomas, and Leti VolppUnfit for Democracy: The Roberts Court and the Breakdown of American Politics
Par Stephen Gottlieb. 2016
Asked if the country was governed by a republic or a monarchy, Benjamin Franklin replied, “A republic, if you can…
keep it.”Since its founding, Americans have worked hard to nurture and protect their hard-won democracy. And yet few consider the role of constitutional law in America’s survival. In Unfit for Democracy, Stephen Gottlieb argues that constitutional law without a focus on the future of democratic government is incoherent—illogical and contradictory. Approaching the decisions of the Roberts Court from political science, historical, comparative, and legal perspectives, Gottlieb highlights the dangers the court presents by neglecting to interpret the law with an eye towards preserving democracy.A senior scholar of constitutional law, Gottlieb brings a pioneering will to his theoretical and comparative criticism of the Roberts Court. The Roberts Court decisions are not examined in a vacuum but instead viewed in light of constitutional politics in India, South Africa, emerging Eastern European nations, and others. While constitutional decisions abroad have contributed to both the breakdown and strengthening of democratic politics, decisions in the Roberts Court have aggravated the potential destabilizing factors in democratic governments. Ultimately, Unfit for Democracy calls for an interpretation of the Constitution that takes the future of democracy seriously. Gottlieb warns that the Roberts Court’s decisions have hurt ordinary Americans economically, politically, and in the criminal process. They have damaged the historic American melting pot, increased the risk of anti-democratic paramilitaries, and clouded the democratic future.The Psychological Foundations of Evidence Law (Psychology and the Law #1)
Par Michael Saks, Barbara Spellman. 2016
Identifies and evaluates the psychological choices implicit in the rules of evidenceEvidence law is meant to facilitate trials that are…
fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study.The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed?Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.The Price of Paradise: The Costs of Inequality and a Vision for a More Equitable America
Par David Troutt. 2014
American communities are facing chronic problems: fiscal stress, urban decline, environmental sprawl, mass incarceration, political isolation, disproportionate foreclosures and severe…
public health risks. In The Price of Paradise, David Troutt argues that it is a lack of mutuality in our local decision making that has led to this looming crisis facing cities and local governments. Arguing that there are structural flaws in the American dream, Troutt investigates the role that place plays in our thinking and how we have organized our communities to create or deny opportunity. Legal rules and policies that promoted mobility for most citizens simultaneously stifled and segregated a growing minority by race, class and—most importantly—place. A conversation about America at the crossroads, The Price of Paradise is a multilayered exploration of the legal, economic and cultural forces that contribute to the squeeze on the middle class, the hidden dangers of growing income and wealth inequality and the literature on how growth and consumption patterns are environmentally unsustainable.Gender, Psychology, and Justice: The Mental Health of Women and Girls in the Legal System (Psychology and Crime #6)
Par Corinne Datchi, Julie Ancis. 2017
Reveals how gender intersects with race, class, and sexual orientation in ways that impact the legal status and well-being of…
women and girls in the justice system. Women and girls’ contact with the justice system is often influenced by gender-related assumptions and stereotypes. The justice practices of the past 40 years have been largely based on conceptual principles and assumptions—including personal theories about gender—more than scientific evidence about what works to address the specific needs of women and girls in the justice system. Because of this, women and girls have limited access to equitable justice and are increasingly caught up in outdated and harmful practices, including the net of the criminal justice system. Gender, Psychology, and Justice uses psychological research to examine the experiences of women and girls involved in the justice system. Their experiences, from initial contact with justice and court officials, demonstrate how gender intersects with race, class, and sexual orientation to impact legal status and well-being. The volume also explains the role psychology can play in shaping legal policy, ranging from the areas of corrections to family court and drug court. Gender, Psychology, and Justice provides a critical analysis of girls’ and women’s experiences in the justice system. It reveals the practical implications of training and interventions grounded in psychological research, and suggests new principles for working with women and girls in legal settings.Mobsters, Unions, and Feds: The Mafia and the American Labor Movement
Par James Jacobs. 2006
The first book to document organized crime’s exploitation of organized labor and the massive federal cleanup effortNowhere in the world…
has organized crime infiltrated the labor movement as effectively as in the United States. Yet the government, the AFL-CIO, and the civil liberties community all but ignored the situation for most of the twentieth century. Since 1975, however, the FBI, Department of Justice, and the federal judiciary have relentlessly battled against labor racketeering, even in some of the nation's most powerful unions.Mobsters, Unions, and Feds is the first book to document organized crime's exploitation of organized labor and the massive federal cleanup effort. A renowned criminologist who for twenty years has been assessing the government's attack on the Mafia, James B. Jacobs explains how Cosa Nostra families first gained a foothold in the labor movement, then consolidated their power through patronage, fraud, and violence and finally used this power to become part of the political and economic power structure of Twentieth century urban America.Since FBI Director J. Edgar Hoover's death in 1972, federal law enforcement has aggressively investigated and prosecuted labor racketeers, as well as utilized the civil remedies provided for by the Racketeer Influenced and Corrupt Organization (RICO) statute to impose long-term court-supervised remedial trusteeships on mobbed-up unions. There have been some impressive victories, including substantial progress toward liberating the four most racketeer-ridden national unions from the grip of organized crime, but victory cannot yet be claimed.The only book to investigate how the mob has exploited the American labor movement, Mobsters, Unions, and Feds is the most comprehensive study to date of how labor racketeering evolved and how the government has finally resolved to eradicate it.Just Medicine: A Cure for Racial Inequality in American Health Care
Par Dayna Matthew. 2015
Offers an innovative plan to eliminate inequalities in American health care and save the lives they endangerOver 84,000 black and…
brown lives are needlessly lost each year due to health disparities: the unfair, unjust, and avoidable differences between the quality and quantity of health care provided to Americans who are members of racial and ethnic minorities and care provided to whites. Health disparities have remained stubbornly entrenched in the American health care system—and in Just Medicine Dayna Bowen Matthew finds that they principally arise from unconscious racial and ethnic biases held by physicians, institutional providers, and their patients.Implicit bias is the single most important determinant of health and health care disparities. Because we have missed this fact, the money we spend on training providers to become culturally competent, expanding wellness education programs and community health centers, and even expanding access to health insurance will have only a modest effect on reducing health disparities. We will continue to utterly fail in the effort to eradicate health disparities unless we enact strong, evidence-based legal remedies that accurately address implicit and unintentional forms of discrimination, to replace the weak, tepid, and largely irrelevant legal remedies currently available.Our continued failure to fashion an effective response that purges the effects of implicit bias from American health care, Matthew argues, is unjust and morally untenable. In this book, she unites medical, neuroscience, psychology, and sociology research on implicit bias and health disparities with her own expertise in civil rights and constitutional law. In a time when the health of the entire nation is at risk, it is essential to confront the issues keeping the health care system from providing equal treatment to all.