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Making Race in the Courtroom by Kenneth R. Aslakson Pdf
No American city’s history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America’s most privileged community of people of African descent. In the eyes of the law, New Orleans’s free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were “negroes,” free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans’s creoles of color remained legally and culturally distinct from “negroes” throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana’s gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process.
James W. St. G. Walker,Osgoode Society for Canadian Legal History
Author : James W. St. G. Walker,Osgoode Society for Canadian Legal History Publisher : Wilfrid Laurier Univ. Press Page : 474 pages File Size : 52,7 Mb Release : 1997-10-27 Category : History ISBN : UOM:39015040556667
“Race,” Rights and the Law in the Supreme Court of Canada by James W. St. G. Walker,Osgoode Society for Canadian Legal History Pdf
Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Race and the Jury by Hiroshi Fukurai,Edgar W. Butler,Richard Krooth Pdf
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
Justice Deferred by Orville Vernon Burton,Armand Derfner Pdf
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.
Fast paced legal thriller and powerful urban drama from Frederic Block, the Brooklyn based federal judge who sentenced Peter Gotti of the Gambino crime family. Based partly on fact and seething racial tensions and political corruption, it doesn't get any more "New York" than Race to Judgment! Race to Judgment is a "reality-fiction" debut novel loosely based on a number of high-profile cases handled by its author, a federal trial court judge, over his 23 years on the federal bench in Brooklyn-such as the Crown Heights riots and the Peter Gotti trial. It tracks the rise of the fictional African-American civil rights protagonist Ken Williams (in real life, the recently deceased Brooklyn DA Ken Thompson) from his days as an Assistant United States Attorney through his meteoric rise to unseat the long-term, corrupt Brooklyn DA because of a spate of phony convictions against black defendants, including another one of the judge's real cases (JoJo Jones in the book) for the murder of a Hasidic rabbi. Williams' dramatic courtroom antics (with the aid of his colorful private eye) results in JoJo's exoneration after 16 years behind bars. In addition, Williams defends a young black guidance counselor accused of killing the rabbi's son many years ago, and champions the cause of a young Hasidic woman raped by her father. As a hobby, Williams plays jazz piano and writes country songs written by the author-which are reproduced in the book and can be heard on e-books and the Internet.
The African Canadian Legal Odyssey by Barrington Walker Pdf
The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questions of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time. Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding collection will appeal to both advanced specialists and undergraduate students and makes an important contribution to an emerging field of scholarly inquiry.
Trayvon Martin, Race, and American Justice by Kenneth J. Fasching-Varner,Rema E. Reynolds,Katrice A. Albert,Lori L. Martin Pdf
Trayvon Martin, Race, and “American Justice”: Writing Wrong is the first comprehensive text to analyze not only the killing of Trayvon Martin, but the implications of this event for the state of race in the United States. Bringing together contributions from a variety of disciplines and approaches, this text pushes readers to answer the question: “In the wake of the killing of Trayvon Martin, and the acquittal of his killer, how post-racial can we claim to be?” This collection of short and powerful chapters is at times angering and at times hopeful, but always thought provoking, critical, and poignant. This interdisciplinary volume is well suited for undergraduate and graduate students as well as faculty in sociology, social work, law, communication, and education. This book can also be read by anyone interested in social justice and equity through the lens of race in the 21st century. “This text is an invitation to a rebellion—the inevitable insurgency of Black youth brewing right now across the land as the descendants of enslaved workers step up to exercise their agency, and at that moment become agents of liberty and actors in history.” – William Ayers, Distinguished Professor from the University of Illinois–Chicago “... the authors [...] offer incisive and vivid examinations of the contours of white supremacy today, inviting readers into a much-needed discussion of moral questions surrounding the very foundation life in the U.S.” – Christine Sleeter, Professor Emerita, California State University Monterey “Trayvon Martin, Race, and American Justice: Writing Wrong is a powerful assemblage of voices that speak to the salience of race, gender, and their intersection. Collectively, the authors provide us with poignant reminders of the multiple forces that rail against Black males in our society. Each chapter grabs our attention, ignites our activism, and encourages us to remain steadfast in the struggle toward a true democracy for all Americans – a society where Black males’ lives are valued and they no longer face daily threats to their humanity.” – Yolanda Sealey-Ruiz, Assistant Professor, Teachers College, Columbia University “While motivated by Trayvon Martin’s unfortunate and tragic death, this impressive collection serves as a one-of-a-kind tribute to Martin and will help to keep his legacy alive. The contributions are evocative and accessible, and while the focus is on Martin, the contributions also call attention to mundane, severe, and systemic racial wrongdoings, biases in existing research, colorblindness and white privilege, and erasures of history and failures of memory.” – Tony E. Adams, Professor at Northeastern Illinois University and NCA book award winner “The editors and contributors have taken a tragic topic and presented it in a way that is engaging, effective, and surprisingly optimistic. There is a style for everyone here, making it a great text for multiple audiences and classrooms. A truly superb addition to any classroom and a great read for those interested in social justice in today’s world.” – U. Melissa Anyiwo, Professor and Coordinator of African American Studies, Curry College “Trayvon Martin, Race, and American Justice: Writing Wrong is true to its title; it focuses attention—through critical writing—on the pernicious, pervasive, and persistent violence waged against black men, especially black male youth, in American society. Using the still unpunished pre-meditated murder of Trayvon Martin as a highly emblematic example of this violence, the editors and authors use carefully crafted and sequenced poetry and prose to write truth to power about the economic, political, social, and cultural factors that produce and reproduce systemic aggression toward especially men and boys of African descent, but also toward members of other societally minoritized groups. The breadth and depth of the contributions included in Trayvon Martin, Race, and American Justice: Writing Wrong makes it a particularly valuable resource for faculty and students engaged in teaching, learning, research, service, and activism related to issues of race, racism, blackness, whiteness, class, caste, classism, language, dialect, literacy, linguicism, geographic and national origin, immigration status, sex, gender, gender identity and expression, masculinity, sexual orientation, size, appearance, and, more broadly, equity, equality, and social justice. Chapters reflect the thoughtful insight and advanced expertise of their authors, who bring increased levels of complexity to historical and contemporary dialogue, discussion, and debate about especially race and racism in the United States. The editors’ selection of contributors and organization of contributions balances pain truth-telling with hope and possibility for a more just future. In sum, Trayvon Martin, Race, and American Justice: Writing Wrong reciprocally links theory and practice relating to issues of power, privilege, oppression, discrimination—and liberation.” – Christine Clark, Professor & Senior Scholar in Multicultural Education, and Founding Vice President for Diversity and Inclusion, University of Nevada, Las Vegas “Chapters in this timely and probing book stare straight at a difficult incident, refuse to ignore injustice, but call on a higher purpose of great academic criticism in “writing the wrong.” Here the wrong is the corrosive and sometimes lethal bias by many in power toward black males, who are too often seen as dangerous and disposable in American society. The killing of Trayvon Martin and the subsequent acquittal of his killer George Zimmerman are examined by minds informed by reflection on theory and history. We hear of conversations that black parents, particularly mothers who often felt on trial themselves, had with their teenage sons. Some of these endangered sons were outraged by the act and verdict, while some others were indifferent. Chapters are devoted to the incident, the trial and aftermath, and to the future of the struggle against racial injustice. Through what T. J. Yosso calls “resistant capital” we are urged to continue to interrogate a judicial system that prosecutes not only black males but their parents and families. There is much to learn here about the current state of social justice and the way we live with and among each other. In both prose and poetry these impassioned authors strive to write the wrong of Trayvon Martin and many others like him. I recommend this volume highly and will use it in my graduate classes.” – AG Rud, Distinguished Professor, College of Education, Washington State University Kenneth J. Fasching-Varner, PhD is Shirley B. Barton Endowed Assistant Professor of Foundations and Elementary Education and holds a Ph.D in Language, Literacy, and Culture from The Ohio State University. Rema E. Reynolds, PhD is Assistant Professor of Education Policy, Organization, and Leadership and holds a doctorate in Education from the University of California, Los Angeles. Katrice A. Albert, PhD is Vice President for Equity and Diversity and holds a doctorate in Counseling from Auburn University. Lori L. Martin, PhD is Associate Professor of Sociology and African American Studies and holds a doctorate in Sociology from University of Albany, State University of New York.
The Juror Factor examines how jurors reach their verdicts in complex civil trials. In particular, the book explores the relationship between "juror factors" - that is, jurors' race, gender, income, education and personal beliefs - and verdicts. While most research has found no link between verdicts and "juror factors," this book, using new, previously unavailable data, argues that the composition of a jury can have a strong effect on the outcome of a trial. The book also explores the implications of this relationship for jury selection procedures and tort reform proposals. The book's final chapter offers a glimpse behind the closed doors of the jury room and a look at the effects of jury deliberations.
Why I’m No Longer Talking to White People About Race by Reni Eddo-Lodge Pdf
'Every voice raised against racism chips away at its power. We can't afford to stay silent. This book is an attempt to speak' The book that sparked a national conversation. Exploring everything from eradicated black history to the inextricable link between class and race, Why I'm No Longer Talking to White People About Race is the essential handbook for anyone who wants to understand race relations in Britain today. THE NO.1 SUNDAY TIMES BESTSELLER WINNER OF THE BRITISH BOOK AWARDS NON-FICTION NARRATIVE BOOK OF THE YEAR 2018 FOYLES NON-FICTION BOOK OF THE YEAR BLACKWELL'S NON-FICTION BOOK OF THE YEAR WINNER OF THE JHALAK PRIZE LONGLISTED FOR THE BAILLIE GIFFORD PRIZE FOR NON-FICTION LONGLISTED FOR THE ORWELL PRIZE SHORTLISTED FOR A BOOKS ARE MY BAG READERS AWARD
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
Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination
Author : National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination Publisher : National Academies Press Page : 335 pages File Size : 41,8 Mb Release : 2004-07-24 Category : Social Science ISBN : 9780309091268
Measuring Racial Discrimination by National Research Council,Division of Behavioral and Social Sciences and Education,Committee on National Statistics,Panel on Methods for Assessing Discrimination Pdf
Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.
Insightful look at how legal definitions of race and racism perpetuate racial inequality Lily white. White knights. The white dove of peace. White lie, white list, white magic. Our language and our culture are suffused, often subconsciously, with positive images of whiteness. Whiteness is so inextricably linked with the status quo that few whites, when asked, even identify themselves as such. And yet when asked what they would have to be paid to live as a black person, whites give figures running into the millions of dollars per year, suggesting just how valuable whiteness is in American society.Exploring the social, and specifically legal origins, of white racial identity, Ian F. Haney Lopez here examines cases in America's past that have been instrumental in forming contemporary conceptions of race, law, and whiteness. In 1790, Congress limited naturalization to white persons. This racial prerequisite for citizenship remained in force for over a century and a half, enduring until 1952. In a series of important cases, including two heard by the United States Supreme Court, judges around the country decided and defined who was white enough to become American. White by Law traces the reasoning employed by the courts in their efforts to justify the whiteness of some and the non- whiteness of others. Did light skin make a Japanese person white? Were Syrians white because they hailed geographically from the birthplace of Christ? Haney Lopez reveals 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. Having defined the social and legal origins of whiteness, White by Law turns its attention to white identity today and concludes by calling upon whites to acknowledge and renounce their privileged racial identity.
Looking White People in the Eye by Sherene Razack Pdf
Examining the classroom discussion of equity issues and legal cases involving immigration and sexual violence, Razack addresses how non-white women are viewed, and how they must respond, in classrooms and courtrooms.