BiblioVault - Books about Injustice

Dark Ghettos

Injustice, Dissent, and Reform

Tommie Shelby

Harvard University Press, 2016

Winner of the Spitz Prize, Conference for the Study of Political Thought
Winner of the North American Society for Social Philosophy Book Award

Why do American ghettos persist? Scholars and commentators often identify some factor—such as single motherhood, joblessness, or violent street crime—as the key to solving the problem and recommend policies accordingly. But, Tommie Shelby argues, these attempts to “fix” ghettos or “help” their poor inhabitants ignore fundamental questions of justice and fail to see the urban poor as moral agents responding to injustice.

“Provocative…[Shelby] doesn’t lay out a jobs program or a housing initiative. Indeed, as he freely admits, he offers ‘no new political strategies or policy proposals.’ What he aims to do instead is both more abstract and more radical: to challenge the assumption, common to liberals and conservatives alike, that ghettos are ‘problems’ best addressed with narrowly targeted government programs or civic interventions. For Shelby, ghettos are something more troubling and less tractable: symptoms of the ‘systemic injustice’ of the United States. They represent not aberrant dysfunction but the natural workings of a deeply unfair scheme. The only real solution, in this way of thinking, is the ‘fundamental reform of the basic structure of our society.’”
—James Ryerson, New York Times Book Review

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Indigenous Women and Violence

Feminist Activist Research in Heightened States of Injustice

Edited by Lynn Stephen and Shannon Speed

University of Arizona Press, 2021

Indigenous Women and Violence offers an intimate view of how settler colonialism and other structural forms of power and inequality created accumulated violences in the lives of Indigenous women. This volume uncovers how these Indigenous women resist violence in Mexico, Central America, and the United States, centering on the topics of femicide, immigration, human rights violations, the criminal justice system, and Indigenous justice. Taking on the issues of our times, Indigenous Women and Violence calls for the deepening of collaborative ethnographies through community engagement and performing research as an embodied experience. This book brings together settler colonialism, feminist ethnography, collaborative and activist ethnography, emotional communities, and standpoint research to look at the links between structural, extreme, and everyday violences across time and space.

Indigenous Women and Violence is built on engaging case studies that highlight the individual and collective struggles that Indigenous women face from the racial and gendered oppression that structures their lives. Gendered violence has always been a part of the genocidal and assimilationist projects of settler colonialism, and it remains so today. These structures—and the forms of violence inherent to them—are driving criminalization and victimization of Indigenous men and women, leading to escalating levels of assassination, incarceration, or transnational displacement of Indigenous people, and especially Indigenous women.

This volume brings together the potent ethnographic research of eight scholars who have dedicated their careers to illuminating the ways in which Indigenous women have challenged communities, states, legal systems, and social movements to promote gender justice. The chapters in this book are engaged, feminist, collaborative, and activism focused, conveying powerful messages about the resilience and resistance of Indigenous women in the face of violence and systemic oppression.

Contributors: R. Aída Hernández-Castillo, Morna Macleod, Mariana Mora, María Teresa Sierra, Shannon Speed, Lynn Stephen, Margo Tamez, Irma Alicia Velásquez Nimatuj

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Justice and Injustice in Law and Legal Theory

Austin Sarat and Thomas R. Kearns, Editors

University of Michigan Press, 1998

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.

Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.

Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.

The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science.

Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing.

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

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A Law for the Lion

A Tale of Crime and Injustice in the Borderlands

By Beatriz de la Garza

University of Texas Press, 2003

"Esto no es cosa de armas" (this is not a matter for weapons). These were the last words of Don Francisco Gutiérrez before Alonzo W. Allee shot and killed him and his son, Manuel Gutiérrez. What began as a simple dispute over Allee's unauthorized tenancy on a Gutiérrez family ranch near Laredo, Texas, led not only to the slaying of these two prominent Mexican landowners but also to a blatant miscarriage of justice.

In this engrossing account of the 1912 crime and the subsequent trial of Allee, Beatriz de la Garza delves into the political, ethnic, and cultural worlds of the Texas-Mexico border to expose the tensions between the Anglo minority and the Mexican majority that propelled the killings and their aftermath. Drawing on original sources, she uncovers how influential Anglos financed a first-class legal team for Allee's defense and also discusses how Anglo-owned newspapers helped shape public opinion in Allee's favor. In telling the story of this long-ago crime and its tragic results, de la Garza sheds new light on the interethnic struggles that defined life on the border a century ago, on the mystique of the Texas Rangers (Allee was said to be a Ranger), and on the legal framework that once institutionalized violence and lawlessness in Texas.

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Mountains of Injustice

Social and Environmental Justice in Appalachia

Michele Morrone

Ohio University Press, 2011

Research in environmental justice reveals that low-income and minority neighborhoods in our nation’s cities are often the preferred sites for landfills, power plants, and polluting factories. Those who live in these sacrifice zones are forced to shoulder the burden of harmful environmental effects so that others can prosper. Mountains of Injustice broadens the discussion from the city to the country by focusing on the legacy of disproportionate environmental health impacts on communities in the Appalachian region, where the costs of cheap energy and cheap goods are actually quite high.

Through compelling stories and interviews with people who are fighting for environmental justice, Mountains of Injustice contributes to the ongoing debate over how to equitably distribute the long-term environmental costs and consequences of economic development.

Contributors:
Laura Allen, Brian Black, Geoffrey L. Buckley, Donald Edward Davis, Wren Kruse, Nancy Irwin Maxwell, Chad Montrie, Michele Morrone, Kathryn Newfont, John Nolt, Jedediah S. Purdy, and Stephen J. Scanlan.

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Performance and the Afterlives of Injustice

Catherine M. Cole

University of Michigan Press, 2020

In the aftermath of state-perpetrated injustice, a façade of peace can suddenly give way, and in South Africa and the Democratic Republic of Congo, post-apartheid and postcolonial framings of change have exceeded their limits. Performance and the Afterlives of Injustice reveals how the voices and visions of artists can help us see what otherwise evades perception. Embodied performance in South Africa has particular potency because apartheid was so centrally focused on the body: classifying bodies into racial categories, legislating where certain bodies could move and which bathrooms and drinking fountains certain bodies could use, and how different bodies carried meaning. The book considers key works by contemporary performing artists Brett Bailey, Gregory Maqoma, Mamela Nyamza, Robyn Orlin, Jay Pather, and Sello Pesa, artists imagining new forms and helping audiences see the contemporary moment as it is: an important intervention in a country long predicated on denial. They are also helping to conjure, anticipate, and dream a world that is otherwise. The book will be of particular interest to scholars of African studies, black performance, dance studies, transitional justice, as well as theater and performance studies.

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Race, Rape, and Injustice

Documenting and Challenging Death Penalty Cases in the Civil Rights Era

Barrettt J. Foerster

University of Tennessee Press, 2012

This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever.
    The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause.
    Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases.
    This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination.

A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California.

MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.

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Raced to Death in 1920s Hawai i

Injustice and Revenge in the Fukunaga Case

Jonathan Y. Okamura

University of Illinois Press, 2019

On September 18, 1928, Myles Yutaka Fukunaga kidnapped and brutally murdered ten-year-old George Gill Jamieson in Waikîkî. Fukunaga, a nineteen-year-old nisei, or second-generation Japanese American, confessed to the crime. Within three weeks, authorities had convicted him and sentenced him to hang, despite questions about Fukunaga's sanity and a deeply flawed defense by his court-appointed attorneys. Jonathan Y. Okamura argues that officials "raced" Fukunaga to death—first viewing the accused only as Japanese despite the law supposedly being colorblind, and then hurrying to satisfy the Haole (white) community's demand for revenge. Okamura sets the case against an analysis of the racial hierarchy that undergirded Hawai‘ian society, which was dominated by Haoles who saw themselves most threatened by the islands' sizable Japanese American community. The Fukunaga case and others like it in the 1920s reinforced Haole supremacy and maintained the racial boundary that separated Haoles from non-Haoles, particularly through racial injustice. As Okamura challenges the representation of Hawai i as a racial paradise, he reveals the ways Haoles usurped the criminal justice system and reevaluates the tense history of anti-Japanese racism in Hawai i.

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Unequal City

Race, Schools, and Perceptions of Injustice

Carla Shedd is assistant professor of sociology and African American studies at Columbia University.

Russell Sage Foundation, 2015

Chicago has long struggled with racial residential segregation, high rates of poverty, and deepening class stratification, and it can be a challenging place for adolescents to grow up. Unequal City examines the ways in which Chicago’s most vulnerable residents navigate their neighborhoods, life opportunities, and encounters with the law. In this pioneering analysis of the intersection of race, place, and opportunity, sociologist and criminal justice expert Carla Shedd illuminates how schools either reinforce or ameliorate the social inequalities that shape the worlds of these adolescents.

Shedd draws from an array of data and in-depth interviews with Chicago youth to offer new insight into this understudied group. Focusing on four public high schools with differing student bodies, Shedd reveals how the predominantly low-income African American students at one school encounter obstacles their more affluent, white counterparts on the other side of the city do not face. Teens often travel long distances to attend school which, due to Chicago’s segregated and highly unequal neighborhoods, can involve crossing class, race, and gang lines. As Shedd explains, the disadvantaged teens who traverse these boundaries daily develop a keen “perception of injustice,” or the recognition that their economic and educational opportunities are restricted by their place in the social hierarchy.

Adolescents’ worldviews are also influenced by encounters with law enforcement while traveling to school and during school hours. Shedd tracks the rise of metal detectors, surveillance cameras, and pat-downs at certain Chicago schools. Along with police procedures like stop-and-frisk, these prison-like practices lead to distrust of authority and feelings of powerlessness among the adolescents who experience mistreatment either firsthand or vicariously. Shedd finds that the racial composition of the student body profoundly shapes students’ perceptions of injustice. The more diverse a school is, the more likely its students of color will recognize whether they are subject to discriminatory treatment. By contrast, African American and Hispanic youth whose schools and neighborhoods are both highly segregated and highly policed are less likely to understand their individual and group disadvantage due to their lack of exposure to youth of differing backgrounds.

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