A movement for "Americanization" swept the nation during and after World War I, fueled by wartime hysteria over "foreign" ways. Eileen Tamura examines the forms that hysteria took in Hawaii, where the Nisei (children of Japanese immigrants) were targets of widespread discrimination.
Tamura analyzes Hawaii's organized effort to force the Nisei to adopt
"American" ways, discussing it within the larger phenomenon of Nisei acculturation. While racism was prevalent in "paradise," the Nisei and their parents also performed as active agents in their own lives, with the older generation attempting to maintain Japanese cultural ways and the younger wishing to become "true Americans." Caucasian "Americanizers," often associated with powerful agricultural interests, wanted labor to remain cheap and manageable; they lobbied for racist laws and territorial policies, portending the treatment of ethnic Japanese on the U.S. mainland during World War II.
Tamura offers a wealth of original source material, using personal accounts as well as statistical data to create an essential resource for students of American ethnic history and U.S. race and class relations.
Both significant and timely, Blackhood Against the Police Power addresses the punishment of “race” and the disavowal of sexual violence central to the contemporary “post-racial” culture of politics. Here the author asserts that the post-racial presents an antiblack animus that should be read as desiring the end of blackness and the black liberation movement’s singular ethical claims. The book redefines policing as a sociohistorical process of implementing antiblackness and, in so doing, redefines racism as an act of sexual violence that produces the punishment of race. It smartly critiques the way leading antiracist discourse is frequently complicit with antiblackness and recalls the original 1960s conception of black studies as a corrective to the deficiencies in today’s critical discourse on race and sex. The book explores these lines of inquiry to pinpoint how the history of racial slavery wraps itself in a new discourse of disavowal. In this way, Blackhood Against the Police Power responds to a range of texts, policies, practices, and representations complicit with the police power—from the Fourth Amendment and the movements to curtail stop-and-frisk policing and mass incarceration to popular culture treatments of blackness to the leading academic discourses on race and sex politics.
Influenced by news reports of young children brutalized by their parents, most of us see the role of child services as the prevention of severe physical abuse. But as Tina Lee shows in Catching a Case, most child welfare cases revolve around often ill-founded charges of neglect, and the parents swept into the system are generally struggling but loving, fighting to raise their children in the face of crushing poverty, violent crime, poor housing, lack of childcare, and failing schools.
Lee explored the child welfare system in New York City, observing family courts, interviewing parents and following them through the system, asking caseworkers for descriptions of their work and their decision-making processes, and discussing cases with attorneys on all sides. What she discovered about the system is troubling. Lee reveals that, in the face of draconian budget cuts and a political climate that blames the poor for their own poverty, child welfare practices have become punitive, focused on removing children from their families and on parental compliance with rules. Rather than provide needed help for families, case workers often hold parents to standards almost impossible for working-class and poor parents to meet. For instance, parents can be accused of neglect for providing inadequate childcare or housing even when they cannot afford anything better. In many cases, child welfare exacerbates family problems and sometimes drives parents further into poverty while the family court system does little to protect their rights.
Catching a Case is a much-needed wake-up call to improve the child welfare system, and to offer more comprehensive social services that will allow all children to thrive.
Policing, incarceration, capital punishment: these forms of crime control were crucial elements of Jim Crow regimes. White southerners relied on them to assert and maintain racial power, which led to the growth of modern state bureaucracies that eclipsed traditions of local sovereignty. Friction between the demands of white supremacy and white southern suspicions of state power created a distinctive criminal justice system in the South, elements of which are still apparent today across the United States. In this collection, Amy Louise Wood and Natalie J. Ring present nine groundbreaking essays about the carceral system and its development over time. Topics range from activism against police brutality to the peculiar path of southern prison reform to the fraught introduction of the electric chair. The essays tell nuanced stories of rapidly changing state institutions, political leaders who sought to manage them, and African Americans who appealed to the regulatory state to protect their rights. Contributors: Pippa Holloway, Tammy Ingram, Brandon T. Jett, Seth Kotch, Talitha LeFlouria, Vivien Miller, Silvan Niedermeier, K. Stephen Prince, and Amy Louise Wood
Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century-one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem-race.
The contributions, from a stellar roster of established and emerging scholars, address new topics, such as intersectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education.
Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.
Reaching well beyond traditional categories of analysis, McClosky and Brill have surveyed civil libertarian attitudes among the general public, opinion leaders, lawyers and judges, police officials, and academics. They analyze levels of tolerance in a wide range of civil liberties domains—first amendment rights, due process, privacy, and such emerging areas as women's and homosexual rights—and along numerous variables including political participation, ideology, age, and education. The authors explore fully the differences between civil libertarian values in the abstract and applying them in specific instances. They also examine the impact of tensions between liberties (free press and privacy, for example) and between tolerance and other values (such as public safety). They probe attitudes toward recently expanded liberties, finding that even the more informed and sophisticated citizen is often unable to read on through complex new civil liberties issues. This remarkable study offers a comprehensive assessment of the viability—and vulnerability—of beliefs central to the democratic system. It makes an invaluable contribution to the study of contemporary American institutions and attitudes.
Disabled Futures makes an important intervention in disability studies by taking an intersectional approach to race, gender, and disability. Milo Obourn reads disability studies, gender and sexuality studies, and critical race studies to develop a framework for addressing inequity. They theorize the concept of “racialized disgender”—to describe the ways in which racialization and gendering are social processes with disabling effects—thereby offering a new avenue for understanding race, gender, and disability as mutually constitutive.
Obourn uses readings of literature and popular culture from Lost and Avatar to Octavia Butler’s Xenogenesis trilogy to explore and unpack specific ways that race and gender construct—and are constructed by—historical notions of ability and disability, sickness and health, and successful recovery versus damaged lives. What emerges is not only a more complex and deeper understanding of the intersections between ableism, racism, and (cis)sexism, but also possibilities for imagining alternate and more radically inclusive futures in which all of our identities, experiences, freedoms, and oppressions are understood as interdependent and intertwined.
Throughout this impressive and controversial account of the fight against job discrimination in the United States, Paul Burstein poses searching questions. Why did Congress adopt EEO legislation in the sixties and seventies? Has that legislation made a difference to the people it was intended to help? And what can the struggle for equal employment opportunity tell us about democracy in the United States?
"This is an important, well-researched book. . . . Burstein has had the courage to break through narrow specializations within sociology . . . and even to address the types of acceptable questions usually associated with three different disciplines (political science, sociology, and economics). . . . This book should be read by all professionals interested in political sociology and social movements."—Donald Tomaskovic-Devey, Social Forces
"Discrimination, Jobs and Politics [is] satisfying because it tells a more complete story . . . than does most sociological research. . . . I find myself returning to it when I'm studying the U.S. women's movement and recommending it to students struggling to do coherent research."—Rachel Rosenfeld, Contemporary Sociology
This second edition of Gary S. Becker's The Economics of Discrimination has been expanded to include three further discussions of the problem and an entirely new introduction which considers the contributions made by others in recent years and some of the more important problems remaining.
Mr. Becker's work confronts the economic effects of discrimination in the market place because of race, religion, sex, color, social class, personality, or other non-pecuniary considerations. He demonstrates that discrimination in the market place by any group reduces their own real incomes as well as those of the minority.
The original edition of The Economics of Discrimination was warmly received by economists, sociologists, and psychologists alike for focusing the discerning eye of economic analysis upon a vital social problem—discrimination in the market place.
"This is an unusual book; not only is it filled with ingenious theorizing but the implications of the theory are boldly confronted with facts. . . . The intimate relation of the theory and observation has resulted in a book of great vitality on a subject whose interest and importance are obvious."—M.W. Reder, American Economic Review
"The author's solution to the problem of measuring the motive behind actual discrimination is something of a tour de force. . . . Sociologists in the field of race relations will wish to read this book."—Karl Schuessler, American Sociological Review
The Education of a WASP
Lois M. Stalvey University of Wisconsin Press, 1989 Library of Congress E185.61.S77 1989 | Dewey Decimal 305.800973
Brimming with honestly and passion, The Education of a WASP chronicles one white woman's discovery of racism in 1960s America. First published in 1970 and highly acclaimed by reviewers, Lois Stalvey's account is as timely now as it was then. Nearly twenty years later, with ugly racial incidents occurring on college campuses, in neighborhoods, and in workplaces everywhere, her account of personal encounters with racism remains deeply disturbing. Educators and general readers interested in the subtleties of racism will find the story poignant, revealing, and profoundly moving.
“Delightful and horrible, a singular book.” —Choice
“An extraordinarily honest and revealing book that poses the issue: loyalty to one’s ethnic group or loyalty to conscience.” —Publishers Weekly
The United States is known as a "melting pot" yet this mix tends to be volatile and contributes to a long history of oppression, racism, and bigotry.
Emerging Intersections, an anthology of ten previously unpublished essays, looks at the problems of inequality and oppression from new angles and promotes intersectionality as an interpretive tool that can be utilized to better understand the ways in which race, class, gender, ethnicity, and other dimensions of difference shape our lives today. The book showcases innovative contributions that expand our understanding of how inequality affects people of color, demonstrates the ways public policies reinforce existing systems of inequality, and shows how research and teaching using an intersectional perspective compels scholars to become agents of change within institutions. By offering practical applications for using intersectional knowledge, Emerging Intersections will help bring us one step closer to achieving positive institutional change and social justice.
The End Game
Corey M. Abramson Harvard University Press, 2015 Library of Congress HQ1064.U5A223 2015 | Dewey Decimal 305.260973
Senior citizens face a gauntlet of physical, psychological, and social hurdles. But do disadvantages accumulated over a lifetime make the final years especially difficult for some people? Or does the quality of life among poor and affluent seniors converge? Corey Abramson investigates whether lifelong inequality structures the lives of the elderly.
Despite laws and policy measures being developed at the European, national, and local levels, job-seeking immigrants and ethnic minorities still suffer unequal access and ethnic discrimination. This important volume—divided into sections on discrimination, gender, equity policies, and diversity management—compares several European labor markets, recommends methods for conducting further research, and evaluates the actual effects of discrimination-combating policies.
Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.
The Gentleman from Ohio
Louis Stokes with David Chanoff The Ohio State University Press, 2016 Library of Congress E840.8.S835A3 2016 | Dewey Decimal 328.73092
Louis Stokes was a giant in Ohio politics and one of the most significant figures in the U.S. Congress in recent times. When he arrived in the House of Representatives as a freshman in 1969, there were only six African Americans serving. By the time he retired thirty years later, he had chaired the House Special Committee on the Kennedy and King assassinations, the House Ethics Committee during Abscam, and the House Intelligence Committee during Iran-Contra; he was also a senior member of the powerful House Appropriations Committee.
Prior to Louis Stokes’s tenure in Congress he served for many years as a criminal defense lawyer and chairman of the Cleveland NAACP Legal Redress Committee. Among the Supreme Court Cases he argued, the Terry “Stop and Frisk” case is regarded as one of the twenty-five most significant cases in the court’s history. The Gentleman from Ohio chronicles this and other momentous events in the life and legacy of Ohio’s first black representative—a man who, whether in law or politics, continually fought for the principles he believed in and helped lead the way for African Americans in the world of mainstream American politics.
The individual and structural biases that affect the American healthcare system have serious emotional and physical consequences that all too often go unseen. These biases are often rooted in power, class, racial, gender or sexual orientation prejudices, and as a result, the injured parties usually lack the resources needed to protect themselves. In Healthcare and Human Dignity, individual worth, equality, and autonomy emerge as the dominant values at stake in encounters with doctors, nurses, hospitals, and drug companies. Although the public is aware of legal battles over autonomy and dignity in the context of death, the everyday patient’s need for dignity has received scant attention. Thus, in Healthcare, law professor Frank McClellan’s collection of cases and individual experiences bring these stories to life and establish beyond doubt that human dignity is of utmost priority in the everyday process of healthcare decision making.
Despite rhetoric that suggests that the United States opens its doors to virtually anyone who wants to come here, immigration has been restricted since the nation began. In this book, Kevin R. Johnson argues that immigration policy reflects the social hierarchy that prevails in American society as a whole and that immigration reform is intertwined with the struggle for civil rights.The "Huddled Masses" Myth focuses on the exclusion of people of color, gays and lesbians, people with disabilities, the poor, political dissidents, and other disfavored groups, showing how bias shapes the law. In the nineteenth century, for example, virulent anti-Asian bias excluded would-be immigrants from China and severely restricted those from Japan. In our own time, people fleeing persecution and poverty in Haiti generally have been treated much differently from those fleeing Cuba. Johnson further argues that although domestic minorities (whether citizens or lawful immigrants) enjoy legal protections and might even be courted by politicians, they are regarded as subordinate groups and suffer discrimination. This book has particular resonance today as the public debates the uncertain status of immigrants from Arab countries and of the Muslim faith.
While teaching and researching on an indigenous reservation in Costa Rica, Karen Stocker discovered that for Native students who attended the high school outside the reservation, two extreme reactions existed to the predominantly racist high school environment. While some maintained their indigenous identity and did poorly in school, others succeeded academically, but rejected their Indianness and the reservation. Between these two poles lay a whole host of responses. In "I Won't Stay Indian, I'll Keep Studying," Stocker addresses the institutionalized barriers these students faced and explores the interaction between education and identity.
Stocker reveals how overt and hidden curricula taught ethnic, racial, and gendered identities and how the dominant ideology of the town, present in school, conveyed racist messages to students.
"I Won't Stay Indian, I'll Keep Studying" documents how students from the reservation reacted to, coped with, and resisted discrimination. Considering the students' experiences in the context of the Costa Rican educational system as a whole, Stocker discusses policy shifts that might reduce institutionalized discrimination. Her interpretation of the experiences of these students makes a significant contribution to anthropology, Latin American studies, critical race theory, and educational theory.
How should we chart a course toward legal recognition of gay rights as basic human rights? In this enlightening study, legal scholar David Richards explores the connections between gay rights and three successful civil rights movements—black civil rights, feminism, and religious toleration—to determine how these might serve as analogies for the gay rights movement.
Richards argues that racial and gender struggles are informative but partial models. As in these movements, achieving gay rights requires eliminating unjust stereotypes and allowing one's identity to develop free from intolerant views. Richards stresses, however, that gay identity is an ethical choice based on gender equality. Thus the right to religious freedom offers the most compelling analogy for a gay rights movement because gay identity should be protected legally as an ethical decision of conscience.
A thoughtful and highly original voice in the struggle for gay rights, David Richards is the first to argue that discrimination is like religious intolerance-denial of full humanity to individuals because of their identity and moral commitments to gender equality.
Throughout American history, citizens have encountered people who are "illegal"-- that is, people who have no legal right to be in the United States or to freedom of movement because of their immigration status or race. Like Mark Twain's Huckleberry Finn, these citizens face the conflict between sympathy for the unlawful other and the force of the law.
In Illegal Migrations and the Huckleberry Finn Problem, John Park explores problems of status and illegality in American law and society by examining on-going themes in American legal history, comparative ethnic studies, and American literature. He observes that in reconsidering racially discriminatory laws, Americans have celebrated persons who were "out of status," as well as the citizens who had helped them avoid American law. Similarly, in confronting illegal immigrants in our own time, many Americans have chosen to ignore or to violate federal laws in favor of assisting such persons. In light of these experiences, Park insists that the U.S. ought to rethink policies that have criminalized millions of immigrants, as the injustice of such rules has encouraged people to disobey the law, thereby undermining broader commitments to principles of equality and to the rule of law itself.
In Just Who Loses? Samuel Roundfield Lucas continues his penetrating and comprehensive assessment of sex and race discrimination in the United States that he began in Theorizing Discrimination in an Era of Contested Prejudice.
This new volume demonstrates that the idea of discrimination being a zero-sum game is a fallacy. If discrimination costs women, men do not necessarily reap the gains. Likewise, if discrimination costs blacks, non-blacks do not reap the gains. Lucas examines the legal adjudication of discrimination, as well as wider public debates about policy on the issue, to prove how discrimination actually operates.
He uses analytic methods to show that across the socioeconomic lifecycle—including special education placement, unemployment, occupational attainment, earnings, poverty, and even mortality—both targets and non-targets of discrimination “lose.”
In Just Who Loses? Lucas proposes the construction of a broad-based coalition to combat the pervasive discrimination that affects social relations and law in the United States.
This powerful new theoretical approach to analyzing urban housing problems and the policies designed to rectify them will be a vital resource for urban planners, developers, policymakers, and economists. The search for the roots of serious urban housing problems such as homelessness, abandonment, rent burdens, slums, and gentrification has traditionally focused on the poorest sector of the housing market. The findings set forth in this volume show that the roots of such problems lie in the relationships among different parts of the market—not solely within the lower-quality portion—though that is where problems are most dramatically manifested and housing reforms are myopically focused.
The authors propose a new understanding of the market structure characterized by a closely interrelated array of quality submarkets. Their comprehensive models ground a unified theory that accounts for demand by both renters and owner occupants, supply by owners of existing dwellings, changes in the stock of housing due to conversions and new construction, and interactions across submarkets.
The Miner’s Canary
Lani GUINIER Harvard University Press, 2002 Library of Congress E184.A1G94 2002 | Dewey Decimal 323.173
Like the canaries that alerted miners to a poisonous atmosphere, issues of race point to underlying problems in society that ultimately affect everyone, not just minorities. Addressing these issues is essential. Ignoring racial differences--race blindness--has failed. Focusing on individual achievement has diverted us from tackling pervasive inequalities. Now, in a powerful and challenging book, Lani Guinier and Gerald Torres propose a radical new way to confront race in the twenty-first century.
Given the complex relationship between race and power in America, engaging race means engaging standard winner-take-all hierarchies of power as well. Terming their concept "political race," Guinier and Torres call for the building of grass-roots, cross-racial coalitions to remake those structures of power by fostering public participation in politics and reforming the process of democracy. Their illuminating and moving stories of political race in action include the coalition of Hispanic and black leaders who devised the Texas Ten Percent Plan to establish equitable state college admissions criteria, and the struggle of black workers in North Carolina for fair working conditions that drew on the strength and won the support of the entire local community.
The aim of political race is not merely to remedy racial injustices, but to create truly participatory democracy, where people of all races feel empowered to effect changes that will improve conditions for everyone. In a book that is ultimately not only aspirational but inspirational, Guinier and Torres envision a social justice movement that could transform the nature of democracy in America.
ON THE MARGINS OF EMPIRE
Jeffrey Paul Bayliss Harvard University Press, 2013 Library of Congress DS830.B39 2013 | Dewey Decimal 305.568095209041
Koreans and Burakumin, two of the largest minority groups in modern Japan, share a history of discrimination that spans the decades of Japan’s modernization and imperial expansion. Bayliss explores the historical processes that cast them as “others” on the margins of the Japanese empire and that also influenced their views of themselves.
If you're a woman and you shop for a new car, will you really get the best deal? If you're a man, will you fare better? If you're a black man waiting to receive an organ transplant, will you have to wait longer than a white man?
In Pervasive Prejudice? Ian Ayres confronts these questions and more. In a series of important studies he finds overwhelming evidence that in a variety of markets—retail car sales, bail bonding, kidney transplantation, and FCC licensing—blacks and females are consistently at a disadvantage. For example, when Ayres sent out agents of different races and genders posing as potential buyers to more than 200 car dealerships in Chicago, he found that dealers regularly charged blacks and women more than they charged white men. Other tests revealed that it is commonly more difficult for blacks than whites to receive a kidney transplant because of federal regulations. Moreover, Ayres found that minority male defendants are frequently required to post higher bail bonds than their Caucasian counterparts.
Traditional economic theory predicts that free markets should drive out discrimination, but Ayres's startling findings challenge that position. Along with empirical research, Ayres offers game—theoretic and other economic methodologies to show how prejudice can enter the bargaining process even when participants are supposedly acting as rational economic agents. He also responds to critics of his previously published studies included here. These studies suggest that race and gender discrimination is neither a thing of the past nor merely limited to the handful of markets that have been the traditional focus of civil rights laws.
In Prejudicial Appearances noted legal scholar Robert C. Post argues modern American antidiscrimination law should not be conceived as protecting the transcendental dignity of individual persons but instead as transforming social practices that define and sustain potentially oppressive categories like race or gender. Arguing that the prevailing logic of American antidiscrimination law is misleading, Post lobbies for deploying sociological understandings to reevaluate the antidiscrimination project in ways that would render the law more effective and just. Four distinguished commentators respond to Post’s provocative essay. Each adopts a distinctive perspective. K. Anthony Appiah investigates the philosophical logic of stereotyping and of equality. Questioning whether the law ought to endorse any social practices that define persons, Judith Butler explores the tension between sociological and postmodern approaches to antidiscrimination law. Thomas C. Grey examines whether Post’s proposal can be reconciled with the values of the rule of law. And Reva B. Siegel applies critical race theory to query whether antidiscrimination law’s reshaping of race and gender should best be understood in terms of practices of subordination and stratification. By illuminating the consequential rhetorical maneuvers at the heart of contemporary U.S. antidiscrimination law, Prejudical Appearances forces readers to reappraise the relationship between courts of law and social behavior. As such, it will enrich scholars interested in the relationships between law, rhetoric, postmodernism, race, and gender.
Race and Human Rights
Curtis Stokes Michigan State University Press, 2008 Library of Congress E184.A1R223 2008 | Dewey Decimal 305.800973
The terrorist attacks against U.S. targets on September 11, 2001, and the subsequent wars in Afghanistan and Iraq, sparked an intense debate about "human rights." According to contributors to this provocative book, the discussion of human rights to date has been far too narrow. They argue that any conversation about human rights in the United States must include equal rights for all residents.
Essays examine the historical and intellectual context for the modern debate about human rights, the racial implications of the war on terrorism, the intersection of racial oppression, and the national security state. Others look at the Pinkerton detective agency as a forerunner of the Federal Bureau of Investigation, the role of Africa in post–World War II American attempts at empire-building, and the role of immigration as a human rights issue.
Racial progress in the United States has hit a wall, and the rise of white nationalism is but one manifestation of this. Most Americans continue to hope that the younger generation, which many believe manifests less racism and more acceptance of a multiracial society, will lead to more moderate racial politics—but this may not be happening. Overtly racist attitudes have declined, but anti-black stereotypes and racial resentment remain prevalent among white Americans. To add, the shape of racial attitudes has continued to evolve, but our existing measures have not evolved in step and cannot fully illuminate the challenge at hand.
With Racial Stasis, Christopher D. DeSante and Candis Watts Smith argue persuasively that this is because millennials, a generational cohort far removed from Jim Crow and the Civil Rights era, lack sufficient understanding of the structural nature of racial inequalities in the United States and therefore also the contextual and historical knowledge to be actively anti-racist. While these younger whites may be open to the idea of interracial marriage or living next to a family of a different race, they often do not understand why policies like affirmative action still need to exist and are weary about supporting these kinds of policies. In short, although millennials’ language and rationale around race, racism, and racial inequalities are different from previous generations’, the end result is the same.
This is the engrossing story of the unsung heroes who did the day-to-day work of building Arizona's dams, focusing on the lives of laborers and their families who created temporary construction communities during the building of seven major dams in central Arizona. The book focuses primarily on the 1903-1911 Roosevelt Dam camps and the 1926-1927 Camp Pleasant at Waddell Dam, although other camps dating from the 1890s through the 1940s are discussed as well. The book is liberally illustrated with historic photographs of the camps and the people who occupied them while building the dams.
The University of Michigan Press is pleased to announce the second volume in an annual series, the World Trade Forum. The Forum's members include scholars, lawyers, and government and business practitioners working in the area of international trade, law, and policy. They meet annually to discuss integration issues in international economic relations, focusing on a new theme each year.
The World Trade Forum 1998 deals with the issue of regulatory barriers. Contributors focus their attention on the implications that government intervention has on the principle of nondiscrimination, the cornerstone of the World Trade Organization. The chapters, which cover both the positive and the normative level, deal in particular with the issue of "like product" definition, and with mutual recognition agreements. The relevant WTO case law is presented and analyzed, and the roundtable discussions are primarily aimed at clarifying to what extent a constitutional function should be assigned to the WTO organs, if at all.
Contributors include: Christoph Bail, Jacques Bourgeois, Marco Bronckers, Thomas Cottier, William Davey, Paul Demaret, Piet Eeckhout, Crawford Falconer, Olivier Guillod, Meinhard Hilf, Gary Horlick, Robert Howse, Robert Hudec, Patrick Low, Aaditya Mattoo, Petros C. Mavroidis, Patrick Messerlin, Damien Neven, Kalypso Nicolaidis, David Palmeter, Ernst Ulrich Petresmann, Andre Sapir, and Michel Waelbroeck.
Thomas Cottier is Professor of Law, Institute of European and International Economic Law, University of Bern Law School. Petros C. Mavroidis is Professor of Law, University of Neuchâtel.
Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.
In 1964, when the Civil Rights Act was passed, Congress wisely created an agency based in the U.S. Department of Justice to help forestall or resolve racial or ethnic disputes evolving from the act. Mandated by law and by its own methodology to shun publicity, the Community Relations Service developed self-effacement to a fine art. Thus the accomplishments, as well as the shortcomings, of this federal venture into conflict resolution are barely known in official Washington, and even less so by the American public. This first written history of the Community Relations Service uses the experiences of the men and women who sought to resolve the most volatile issues of the day to tell the fascinating story of this unfamiliar agency.
This multiracial cadre of conciliation and mediation specialists worked behind the scenes in more than 20,000 confrontations involving racial and ethnic minorities. From Selma to Montgomery, at the encampment of the Poor Peoples’ Campaign in Resurrection City, to the urban riots of the sixties, seventies, and eighties, from the school desegregation battles north and south, at the siege of Wounded Knee, and during the Texas Gulf Coast fishing wars between Southeast Asian refugees and Anglos, these federal peacemakers lessened the atmosphere of racial violence in every major U.S. city and thousands of small towns.
These confrontations ranged from disputes that attracted worldwide attention to the everyday affronts, assaults, and upheavals that marked the nation’s adjustment to wider power sharing within an increasingly diverse population. While Resolving Racial Conflict examines some of the celebrated breakthroughs that made change possible, it also delves deeply into the countless behind-the-scenes local efforts that converted possibility to reality.
Among the many themes in this book that provide new perspective for understanding racial conflict in America are the effects of protest and conflict in engineering social change; the variety of civil rights views and experiences of African Americans, Native Americans, Asians, and Hispanics; the role of police in minority relations; and the development and refinement of techniques for community conflict resolution from seat-of-the-pants intervention to sophisticated professional practice. Resolving Racial Conflict will appeal to students of civil rights and American history in both the general and academic communities, as well as students of alternative dispute resolution and peace and conflict studies.
Scientific and social scientific evidence has informed judicial decisions and the making of constitutional law for decades, but for much of U.S. history it has also served as a rhetorical device to justify inequality. It is only in recent years that scientific and statistical research has helped redress discrimination—but not without controversy.
Scientific Evidence and Equal Protection of the Law provides unique insights into the judicial process and scientific inquiry by examining major decisions of the U.S. Supreme Court, civil rights advocacy, and the nature of science itself. Angelo Ancheta discusses leading equal protection cases such as Brown v. Board of Education and recent litigation involving race-related affirmative action, gender inequality, and discrimination based on sexual orientation. He also examines less prominent, but equally compelling cases, including McCleskey v. Kemp, which involved statistical evidence that a state’s death penalty was disproportionately used when victims were white and defendants were black, and Castaneda v. Partida, which established key standards of evidence in addressing the exclusion of Latinos from grand jury service. For each case, Ancheta explores the tensions between scientific findings and constitutional values.
When we consider the concept of sexual abuse and harassment, our minds tend to jump either towards adults caught in unhealthy relationships or criminals who take advantage of children. But the millions of maturing teenagers who also deal with sexual harassment can fall between the cracks.
When it comes to sexual relationships, adolescents pose a particular problem. Few teenagers possess all of the emotional and intellectual tools needed to navigate these threats, including the all too real advances made by supervisors, teachers, and mentors. In Sexual Exploitation of Teenagers, Jennifer Drobac explores the shockingly common problem of maturing adolescents who are harassed and exploited by adults in their lives. Reviewing the neuroscience and psychosocial evidence of adolescent development, she explains why teens are so vulnerable to adult harassers. Even today, in an age of increasing public awareness, criminal and civil law regarding the sexual abuse of minors remains tragically inept and irregular from state to state. Drobac uses six recent cases of teens suffering sexual harassment to illuminate the flaws and contradictions of this system, skillfully showing how our current laws fail to protect youths, and offering an array of imaginative legal reforms that could achieve increased justice for adolescent victims of sexual coercion.
Crime and punishment occur under extreme uncertainty. Offenders, victims, police, judges, and jurors make high-stakes decisions with limited information under severe time pressure. With compelling stories and data on how people act and react, O’Flaherty and Sethi reveal the extent to which we rely on stereotypes as shortcuts in our decision making.
More than a century of research has sought to identify the causes of stuttering, describe its nature, and enhance its clinical treatment. By contrast, studies directly focused upon public and professional attitudes toward stuttering began in the 1970s. Recent work has taken this research to new levels, including the development of standard attitude measures; addressing the widely reported phenomena of teasing, bullying, and discrimination against people who stutter; and attempting to change public opinion toward stuttering to more accepting and sensitive levels.
Stuttering Meets Stereotype, Stigma, and Discrimination: An Overview of Attitude Research is the only reference work to date devoted entirely to the topic of stuttering attitudes. It features comprehensive review chapters by St. Louis, Boyle and Blood, Gabel, Langevin, and Abdalla; an annotated bibliography by Hughes; and experimental studies by other seasoned and new researchers. The book leads the reader through a maze of research efforts, emerging with a clear understanding of the important issues involved and ideas of where to go next. Importantly, the evidence base for stuttering attitude research extends beyond research in this fluency disorder to such areas as mental illness, obesity, and race. Thus, although of interest primarily to those who work, interact, or otherwise deal with stuttering, the book has potential for increasing understanding, ameliorating negative attitudes, and informing research on any of a host of other stigmatized conditions.
Despite several decades of attention, there is still no consensus on the effects of racial or sexual discrimination in the United States. In this landmark work, the well-known sociologist Samuel Lucas shows how discrimination is not simply an action that one person performs in relation to another individual, but something far more insidious: a pervasive dynamic that permeates the environment in which we live and work.
Challenging existing literature on the subject, Lucas makes a clear distinction between prejudice and discrimination. He maintains that when an era of “condoned exploitation” ended, the era of “contested prejudice,” as he terms it, began. He argues that the great strides made in the 1950s and 1960s repudiated prejudice, but not discrimination. Drawing on critical race theory, feminist theory, and a critique of dominant perspectives in the social sciences and law, Lucas offers a new understanding of racial and sexual discrimination that can guide our actions and laws into a more just future.
Threatening Others: Ris Lam#42
Carlos Sandoval-Garcia Ohio University Press, 2004 Library of Congress F1557.N5S26513 2004 | Dewey Decimal 305.868728507286
Winner of 2002 Costa Rican National Monograph Award
During the last two decades, a decline in public investment has undermined some of the national values and institutions of Costa Rica. The resulting sense of dislocation and loss is usually projected onto Nicaraguan “immigrants.”
Threatening Others: Nicaraguans and the Formation of National Identities in Costa Rica explores the representation of the Nicaraguan “other” in the Costa Rican imagery. It also seeks to address more generally why the sense of national belonging constitutes a crucial identification in contemporary societies. Interdisciplinary and based on extensive fieldwork, it looks critically at the “exceptionalism” that Costa Ricans take for granted and view as a part of their national identity.
Carlos Sandoval-García argues that Nicaraguan immigrants, once perceived as a “communist threat,” are now victims of an invigorated, racialized politics in which the Nicaraguan nationality has become an offense in itself.
Threatening Others is a deeply searching book that will interest scholars and students in Latin American studies and politics, cultural studies, and ethnic studies.
For some time, the United States has been engaged in a national debate over affirmative action policy. A policy that began with the idea of creating a level playing field for minorities has sparked controversy in the workplace, in higher education, and elsewhere. After forty years, the debate still continues and the issues are as complex as ever. While most Americans are familiar with the term, they may not fully understand what affirmative action is and why it has become such a divisive issue.
With this concise and up-to-date introduction, J. Edward Kellough brings together historical, philosophical, and legal analyses to fully inform participants and observers of this debate. Aiming to promote a more thorough knowledge of the issues involved, this book covers the history, legal status, controversies, and impact of affirmative action in both the private and public sectors—and in education as well as employment.
In addition, Kellough shows how the development and implementation of affirmative action policies have been significantly influenced by the nature and operation of our political institutions. Highlighting key landmarks in legislation and court decisions, he explains such concepts as "disparate impact," "diversity management," "strict scrutiny," and "representative bureaucracy." Understanding Affirmative Action probes the rationale for affirmative action, the different arguments against it, and the known impact it has had. Kellough concludes with a consideration of whether or not affirmative action will remain a useful tool for combating discrimination in the years to come.
Not just for students in public administration and public policy, this handy volume will be a valuable resource for public administrators, human resource managers, and ordinary citizens looking for a balanced treatment of a controversial policy.
This book provides an expert examination and comparison of housing segregation in major population centers in the United States and Western Europe and analyzes successes and failures of government policies and desegregation programs in the United States, the United Kingdom, the Netherlands, Sweden, France, and West Germany. The collection begins with a review of the historical development of housing segregation in these countries, describing current housing conditions, concentration of housing in each country’s leading cities, minority populations and the housing they occupy—specifically public, nonprofit, and owner-occupied dwellings. When focusing on the United States, the contributors assess housing segregation, antisegregation measures, and institutional racism toward blacks in the Midwest and South, and toward Mexican-Americans throughout American cities. Chapters dealing with Western Europe include housing segregation of South Asian and West Indian immigrants in Britain, immigrants in Sweden, Turkish, and Yugoslav “guest workers” in West Germany, and Algerian and other Arab groups in France. The book concludes with discussions of public housing policies; suburban desegregation, resegregation, and integration maintenance programs; specific integration stabilization programs; and desegregation efforts in one specific place.
Contributors. Elizabeth Huttman, Michal Arend, Cihan Arin, Maurice Blanc, Wim Blauw, Ger Mik, Clyde McDaniels, Jürgen Friedrichs, Hannes Alpheis, John M. Goering, Len Gordon, Albert Mayer, Rosemary Helper, Barry V. Johnston, Terry Jones, Valerie Karn, Göran Lindberg, Anna Lisa Lindén, Deborah Phillips, Dennis Keating, Juliet Saltman, Alan Murie
For women, for lesbians and gays, for African Americans, for Asians, Native Americans, or any other self-identified and -identifying group, who can speak? Who has the authority to speak for these groups? Is there genuinely such a thing as "objectivity," or can only members of these groups speak, finally, for themselves? And who has the authority to decide who has the authority?
This collection examines how theory and criticism are complicated by
multiple perspectives in an increasingly multicultural society and
faces head on the difficult question of what qualifies a critic to speak from or about a particular position. In different formats and from different perspectives from various disciplines, the contributors to this volume analytically and innovatively work together to define the problems and capture the contradictions and tensions inherent in the issues of authority, epistemology, and discourse.
Age discrimination and its corollary, mandatory retirement, are modern legal issues, barely a generation old. In this concise and readable report, Lawrence Friedman explores the apparently sudden emergence of a field of law that pertains mainly to the elderly and middle-aged. Friedman traces the brief but fascinating social, legislative, and judicial history of age discrimination law and of the laws addressing mandatory retirement. Both histories contain paradoxes and contradictions; both seem simultaneously to make an issue of "age" and to demand a kind of age neutrality, reflecting broad recent changes in American culture. Both histories are intricately bound up with other legal issues—age discrimination with race and sex discrimination; mandatory retirement with the development of pension plans and other social insurance systems. Friedman speculates on the impact of these new laws, illuminating through his analysis the complex phenomenon of "legalization," or the penetration of legal norms into ever more areas of life. Finally, Friedman offers a provocative conclusion in which he suggests that laws on age discrimination and retirement—laws that appear to have a less extensive social background than one would expect—may in fact be "stand-in" laws for vague but powerful social norms not yet recognized in the legal system. Your Time Will Come is the first new volume in a special paperback series entitled Social Research Perspectives: Occasional Reports on Current Topics. These Perspectives represent a revival of the Social Science Frontiers series published by the Foundation from 1969 to 1977 and will again offer short, timely, and accessible reports on various aspects of social science research. A Volume in the Russell Sage Foundation's Social Science Perspectives Series