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Backlash Against the ADA
Reinterpreting Disability Rights
Linda Hamilton Krieger, Editor
University of Michigan Press, 2003
For civil rights lawyers who toiled through the 1980s in the increasingly barren fields of race and sex discrimination law, the approval of the Americans with Disabilities Act in 1990 by a nearly unanimous U.S. House and Senate and a Republican President seemed almost fantastic. Within five years of the Act's effective date, however, observers were warning of an unfolding assault on the ADA by federal judges, the media, and other national opinion-makers. A year after the Supreme Court issued a trio of decisions in the summer of 1999 sharply limiting the ADA's reach, another decision invalidated an entire title of the act as it applied to the states. By this time, disability activists and disability rights lawyers were speaking openly of a backlash against the ADA.
What happened, why did it happen, and what can we learn from the patterns of public, media, and judicial response to the ADA that emerged in the 1990s? In this book, a distinguished group of disability activists, disability rights lawyers, social scientists and humanities scholars grapple with these questions. Taken together, these essays construct and illustrate a new and powerful theoretical model of sociolegal change and retrenchment that can inform both the conceptual and theoretical work of scholars and the day-to-day practice of social justice activists.
Contributors include Lennard J. Davis, Matthew Diller, Harlan Hahn, Linda Hamilton Krieger, Vicki A. Laden, Stephen L. Percy, Marta Russell, and Gregory Schwartz.
Backlash Against the ADA will interest disability rights activists, lawyers, law students and legal scholars interested in social justice and social change movements, and students and scholars in disability studies, political science, media studies, American studies, social movement theory, and legal history.
Linda Hamilton Krieger is Professor of Law, University of California School of Law, Berkeley.
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Battered Women In The Courtroom
The Power of Judicial Responses
Ptacek
University Press of New England, 1999

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Before Brown
Heman Marion Sweatt, Thurgood Marshall, and the Long Road to Justice
By Gary M. Lavergne
University of Texas Press, 2010

Winner, Coral Horton Tullis Memorial Prize for Best Book on Texas History, Texas State Historical Association, 2010
Carr P. Collins Award, Texas Institute of Letters, 2011

On February 26, 1946, an African American from Houston applied for admission to the University of Texas School of Law. Although he met all of the school's academic qualifications, Heman Marion Sweatt was denied admission because he was black. He challenged the university's decision in court, and the resulting case, Sweatt v. Painter, went to the U.S. Supreme Court, which ruled in Sweatt's favor. The Sweatt case paved the way for the landmark Brown v. Board of Education of Topeka rulings that finally opened the doors to higher education for all African Americans and desegregated public education in the United States.

In this engrossing, well-researched book, Gary M. Lavergne tells the fascinating story of Heman Sweatt's struggle for justice and how it became a milestone for the civil rights movement. He reveals that Sweatt was a central player in a master plan conceived by the National Association for the Advancement of Colored People (NAACP) for ending racial segregation in the United States. Lavergne masterfully describes how the NAACP used the Sweatt case to practically invalidate the "separate but equal" doctrine that had undergirded segregated education for decades. He also shows how the Sweatt case advanced the career of Thurgood Marshall, whose advocacy of Sweatt taught him valuable lessons that he used to win the Brown v. Board of Education case in 1954 and ultimately led to his becoming the first black Associate Justice of the Supreme Court.

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Behind the Trail of Broken Treaties
An Indian Declaration of Independence
By Vine Deloria, Jr.
University of Texas Press, 1985

Originally published in 1974, just as the Wounded Knee occupation was coming to an end, Behind the Trail of Broken Treaties raises disturbing questions about the status of American Indians within the American and international political landscapes. Analyzing the history of Indian treaty relations with the United States, Vine Deloria presents population and land ownership information to support his argument that many Indian tribes have more impressive landholdings than some small members of the United Nations. Yet American Indians are not even accorded status within the UN's trust territories recognition process.

A 2000 study published by the Annual Survey of International and Comparative Law recommends that the United Nations offer membership to the Iroquois, Cherokee, Navajo, and other Indian tribes. Ironically, the study also recommends that smaller tribes band together to form a confederation to seek membership—a suggestion nearly identical to the one the United States made to the Delaware Indians in 1778—and that a presidential commission explore ways to move beyond the Doctrine of Discovery, under which European nations justified their confiscation of Indian lands. Many of these ideas appear here in this book, which predates the 2000 study by twenty-six years. Thus, Behind the Trail of Broken Treaties anticipates recent events as history comes full circle, making the book imperative reading for anyone wishing to understand the background of the movement of American Indians onto the world political stage.

In the quarter century since this book was written, Indian nations have taken great strides in demonstrating their claims to recognized nationhood. Together with Tribes, Treaties, and Constitutional Tribulations, by Deloria and David E. Wilkins, Behind the Trail of Broken Treaties highlights the historical events that helped bring these changes to fruition. At the conclusion of Behind the Trail of Broken Treaties, Deloria states: "The recommendations made in the Twenty Points and the justification for such a change as articulated in the book may well come to pass in our lifetime." Now we are seeing his statement come true.

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Benjamin Franklin, Pennsylvania, and the First Nations
The Treaties of 1736-62
Edited by Susan Kalter
University of Illinois Press, 2006

British colonial relations with the native peoples of eastern North America

This is an annotated edition of the treaties between the British colonies and Indian nations, originally printed and sold by Benjamin Franklin. Last published in 1938, Benjamin Franklin, Pennsylvania, and the First Nations makes these important treaties available once again, featuring a simpler, easier-to-read format, extensive explanatory notes, and maps. A detailed introduction by Susan Kalter puts the treaties in their proper historical and cultural context. 

This carefully researched edition shows these treaties to be complex intercultural documents, and provides significant insight into the British colonists’ relationship with native peoples of North America. They also reveal the complexity of Benjamin Franklin’s perceptions of Native Americans, showing him in some negotiations as a promoter of the Indian word against the colonial one. Finally, the treaties offer an enormous wealth of linguistic, aesthetic, and cultural information about the Iroquois, the Delawares, and their allies and neighbors.

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Between Fitness and Death
Disability and Slavery in the Caribbean
Stefanie Hunt-Kennedy
University of Illinois Press, 2020
Long before the English became involved in the African slave trade, they imagined Africans as monstrous and deformed beings. The English drew on pre-existing European ideas about monstrosity and deformity to argue that Africans were a monstrous race, suspended between human and animal, and as such only fit for servitude. Joining blackness to disability transformed English ideas about defective bodies and minds. It also influenced understandings of race and ability even as it shaped the embodied reality of people enslaved in the British Caribbean.

Stefanie Hunt-Kennedy provides a three-pronged analysis of disability in the context of Atlantic slavery. First, she examines the connections of enslavement and representations of disability and the parallel development of English anti-black racism. From there, she moves from realms of representation to reality in order to illuminate the physical, emotional, and psychological impairments inflicted by slavery and endured by the enslaved. Finally, she looks at slave law as a system of enforced disablement.

Audacious and powerful, Between Fitness and Death is a groundbreaking journey into the entwined histories of racism and ableism.

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Beyond Freedom’s Reach
A Kidnapping in the Twilight of Slavery
Adam Rothman
Harvard University Press, 2015

Born into slavery in rural Louisiana, Rose Herera was bought and sold several times before being purchased by the De Hart family of New Orleans. Still a slave, she married and had children, who also became the property of the De Harts. But after Union forces captured New Orleans in 1862 during the American Civil War, Herera’s owners fled to Havana, taking three of her small children with them. Beyond Freedom’s Reach is the true story of one woman’s quest to rescue her children from bondage.

In a gripping, meticulously researched account, Adam Rothman lays bare the mayhem of emancipation during and after the Civil War. Just how far the rights of freed slaves extended was unclear to black and white people alike, and so when Mary De Hart returned to New Orleans in 1865 to visit friends, she was surprised to find herself taken into custody as a kidnapper. The case of Rose Herera’s abducted children made its way through New Orleans’ courts, igniting a custody battle that revealed the prospects and limits of justice during Reconstruction.

Rose Herera’s perseverance brought her children’s plight to the attention of members of the U.S. Senate and State Department, who turned a domestic conflict into an international scandal. Beyond Freedom’s Reach is an unforgettable human drama and a poignant reflection on the tangled politics of slavery and the hazards faced by so many Americans on the hard road to freedom.

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Beyond the Schoolhouse Gate
Free Speech and the Inculcation of Values
Robert Wheeler Lane
Temple University Press, 1995
Outstanding Academic Title, Choice, 1995 "What makes Lane's approach unique is that he weaves together different perspectives on the nature of school into a very colorful but informative and lucid tapestry that seeks the outer limits of free expression within the boundaries of the school context, always with an eye toward promoting the goal of inculcation of values, a worthy end for students and school officials alike." --Samuel M. Davis, Allen Post Professor of Law, University of Georgia *In a 1969 landmark case, the U.S. Supreme Court ruled that the suspension of student for protesting the Vietnam War violated the First Amendment. *In 1972, the U.S. court of appeals upheld the suspension of black high school students for protesting the playing of "Dixie" at a pep rally. *In 1986, a U.S. district court ruled that the suspension of a student for directing a vulgar gesture at one of his school teachers in a fast-food restaurant was unconstitutional. On what grounds do public school students merit First Amendment protection? These three examples illustrate the broad range of litigation that has attempted to answer this question. Robert Wheeler Lane reviews the obstacles of this important issue and suggests a mix of protection and autonomy for students. Pulling together evidence about the aims of public education, the changing legal status of children, and the values underlying freedom of expression, Lane debates the relationship between constitutional litigation and the dual pursuits of academic excellence and classroom order. Ultimately, utilizing both lower court and Supreme Court decisions, he finds that independent student expression deserves considerable constitutional protection; student expression assisted by school officials (such as school-funded student newspapers) should be subject to some control; and nonstudent expression (such as a school's selection of library books) should be left largely to the school's discretion. His conclusions suggest that in forging First Amendment protection for public school students, strongly held positions need not be extreme.
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Beyond the Wall
Writing a Path through Palestine
Bidisha
Seagull Books, 2012
Their voices come from Bethlehem and Hebron. You can hear them from Jerusalem to Nazareth, and witness their protests in Gaza and Ramallah. From the refugee camps in the West Bank, you can hear the voices of the Palestinian people call out to demand self-determination and a better quality of life. But outside of Israel and the occupied territories, these individual voices are rarely heard—until now.
 
In Beyond the Wall: Writing a Path through Palestine, internationally renowned feminist critic and writer Bidisha collects the testimonies of an occupied people—ordinary citizens, activists, children—alongside those of international aid workers and foreign visitors for a revelatory look at a population on the margins.
 
Called “beautifully belligerent, [and] fiercely intelligent” by The Independent and a “dazzlingly creative writer” by the LondonTimes, Bidisha amplifies the voices of the Palestinian people in this book and lends to them her own considerable strength.
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The Black Child-Savers
Racial Democracy and Juvenile Justice
Geoff K. Ward
University of Chicago Press, 2012
During the Progressive Era, a rehabilitative agenda took hold of American juvenile justice, materializing as a citizen-and-state-building project and mirroring the unequal racial politics of American democracy itself. Alongside this liberal "manufactory of citizens,” a parallel structure was enacted: a Jim Crow juvenile justice system that endured across the nation for most of the twentieth century.
 
In The Black Child Savers, the first study of the rise and fall of Jim Crow juvenile justice, Geoff Ward examines the origins and organization of this separate and unequal juvenile justice system. Ward explores how generations of “black child-savers” mobilized to challenge the threat to black youth and community interests and how this struggle grew aligned with a wider civil rights movement, eventually forcing the formal integration of American juvenile justice. Ward’s book reveals nearly a century of struggle to build a more democratic model of juvenile justice—an effort that succeeded in part, but ultimately failed to deliver black youth and community to liberal rehabilitative ideals.
 

At once an inspiring story about the shifting boundaries of race, citizenship, and democracy in America and a crucial look at the nature of racial inequality, The Black Child Savers is a stirring account of the stakes and meaning of social justice.

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The Black Laws
Race and the Legal Process in Early Ohio
Stephen Middleton
Ohio University Press, 2005
Beginning in 1803, the Ohio legislature enacted what came to be known as the Black Laws. These laws instituted barriers against blacks entering the state and placed limits on black testimony against whites. Basing his narrative on massive primary research, often utilizing previously unexplored sources, Stephen Middleton tells the story of racial oppression in Ohio and recounts chilling episodes of how blacks asserted their freedom by challenging the restrictions in the racial codes until the state legislature repealed some pernicious features in 1849 and finally abolished them in 1886.

The fastest-growing state in antebellum America and the destination of whites from the North and the South, Ohio also became the destination for thousands of southern blacks, both free and runaway. Thus, nineteenth-century Ohio became a legal battleground for two powerful and far-reaching impulses in the history of race and law in America. One was the use of state power to further racial discrimination, and the other was the thirst of African Americans and their white allies for equality under the law for all Americans.

Written in a clear and compelling style, this pathbreaking study will be required reading for historians, legal scholars, students, and those interested in the struggle for civil rights in America.
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Blood in Their Eyes
The Elaine Massacre of 1919
Grif Stockley
University of Arkansas Press, 2020
On September 30, 1919, local law enforcement in rural Phillips County, Arkansas, attacked black sharecroppers at a meeting of the Progressive Farmers and Household Union of America. The next day, hundreds of white men from the Delta, along with US Army troops, converged on the area “with blood in their eyes.” What happened next was one of the deadliest incidents of racial violence in the history of the United States, leaving a legacy of trauma and silence that has persisted for more than a century. In the wake of the massacre, the NAACP and Little Rock lawyer Scipio Jones spearheaded legal action that revolutionized due process in America.

The first edition of Grif Stockley’s Blood in Their Eyes, published in 2001, brought renewed attention to the Elaine Massacre and sparked valuable new studies on racial violence and exploitation in Arkansas and beyond. With contributions from fellow historians Brian K. Mitchell and Guy Lancaster, this revised edition draws from recently uncovered source material and explores in greater detail the actions of the mob, the lives of those who survived the massacre, and the regime of fear and terror that prevailed under Jim Crow.
 
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Blood on Their Hands
How Greedy Companies, Inept Bureaucracy, and Bad Science Killed Thousands of Hemophiliacs
Weinberg, Eric
Rutgers University Press, 2017
A few short years after HIV first entered the world blood supply in the late 1970s and early 1980s, over half the hemophiliacs in the United States were infected with the virus. But this was far more than just an unforeseeable public health disaster. Negligent doctors, government regulators, and Big Pharma all had a hand in this devastating epidemic.
 
Blood on Their Hands is an inspiring, firsthand account of the legal battles fought on behalf of hemophiliacs who were unwittingly infected with tainted blood. As part of the team behind the key class action litigation filed by the infected, young New Jersey lawyer Eric Weinberg was faced with a daunting task: to prove the negligence of a powerful, well-connected global industry worth billions. Weinberg and journalist Donna Shaw tell the dramatic story of how idealistic attorneys and their heroic, mortally-ill clients fought to achieve justice and prevent further infections. A stunning exposé of one of the American medical system’s most shameful debacles, Blood on Their Hands is a rousing reminder that, through perseverance, the victims of corporate greed can sometimes achieve great victory.
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Body Evidence
Intimate Violence against South Asian Women in America
Edited by Shamita Das Dasgupta
Rutgers University Press, 2007
When South Asians immigrated to the United States in great numbers in the 1970s, they were passionately driven to achieve economic stability and socialize the next generation to retain the traditions of their home culture. During these years, the immigrant community went to great lengths to project an impeccable public image by denying the existence of social problems such as domestic violence, sexual assault, child sexual abuse, mental illness, racism, and intergenerational conflict. It was not until recently that activist groups have worked to bring these issues out into the open.

In Body Evidence, more than twenty scholars and public health professionals uncover the unique challenges faced by victims of violence in intimate spaces . . . within families, communities and trusted relationships in South Asian American communities. Topics include cultural obsession with women's chastity and virginity; the continued silence surrounding intimate violence among women who identify themselves as lesbian, bisexual, or transgender; the consequences of refusing marriage proposals or failing to meet dowry demands; and, ultimately, the ways in which the United States courts often confuse and exacerbate the plights of these women.
 
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A Body of One's Own
A Trans History of Argentina
Patricio Simonetto
University of Texas Press, 2024

A history of Argentina that examines how trans bodies were understood, policed, and shaped in a country that banned medically assisted gender affirmation practices and punished trans lives.

As a trans history of Argentina, a country that banned medically assisted gender affirmation practices and punished trans lives, A Body of One’s Own places the histories of trans bodies at the core of modern Argentinian history. Patricio Simonetto documents the lives of people who crossed the boundaries of gender from the early twentieth century to the present. Based on extensive archival research in public and community-based archives, this book explores the mainstream medical and media portrayals of trans or travesti people, the state policing of gender embodiment, the experiences of those transgressing the boundaries of gender, and the development of homemade technologies from prosthetics to the self-injection of silicone. A Body of One's Own explores how trans activists' challenges to the exclusionary effects of Argentina’s legal, cultural, social, and political cisgender order led to the passage of the Gender Identity Law in 2012. Analyzing the decisive yet overlooked impact of gender transformation in the formation of the nation-state, gender-belonging, and citizenship, this book ultimately shows that supposedly abstract struggles to define the shifting notions of "sex," citizenship, and nationhood are embodied material experiences.

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Bong Hits 4 Jesus
A Perfect Constitutional Storm in Alaska's Capital
James C. Foster
University of Alaska Press, 2010

In January 2002, for the first time, the Olympic Torch Relay visited Alaska on its way to the Winter Games. When the relay runner and accompanying camera cars passed Juneau-Douglas High School, senior Joseph Frederick and several friends unfurled a fourteen-foot banner reading "BONG HiTS 4 JESUS."

An in-depth look at student rights within a public high school, this book chronicles the events that followed: Frederick's suspension, the subsequent suit against the school district, and, ultimately, the escalation of a local conflict into a federal case. Brought to life through interviews with the principal figures in the case, Bong Hits 4 Jesus is a gripping tale of the boundaries of free speech in an American high school.

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Book of the Disappeared
The Quest for Transnational Justice
Jennifer Heath and Ashraf Zahedi, Editors
University of Michigan Press, 2023

Book of the Disappeared confronts worldwide human rights violations of enforced disappearance and genocide and explores the global quest for justice with forceful, outstanding contributions by respected scholars, expert practitioners, and provocative contemporary artists. This profoundly humane book spotlights our historic inhumanity while offering insights for survival and transformation.

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Border Law
The First Seminole War and American Nationhood
Deborah A. Rosen
Harvard University Press, 2015

The First Seminole War of 1816–1818 played a critical role in shaping how the United States demarcated its spatial and legal boundaries during the early years of the republic. Rooted in notions of American exceptionalism, manifest destiny, and racism, the legal framework that emerged from the war laid the groundwork for the Monroe Doctrine, the Dred Scott decision, and U.S. westward expansion over the course of the nineteenth century, as Deborah Rosen explains in Border Law.

When General Andrew Jackson’s troops invaded Spanish-ruled Florida in the late 1810s, they seized forts, destroyed towns, and captured or killed Spaniards, Britons, Creeks, Seminoles, and African-descended people. As Rosen shows, Americans vigorously debated these aggressive actions and raised pressing questions about the rights of wartime prisoners, the use of military tribunals, the nature of sovereignty, the rules for operating across territorial borders, the validity of preemptive strikes, and the role of race in determining legal rights. Proponents of Jackson’s Florida campaigns claimed a place for the United States as a member of the European diplomatic community while at the same time asserting a regional sphere of influence and new rules regarding the application of international law.

American justifications for the incursions, which allocated rights along racial lines and allowed broad leeway for extraterritorial action, forged a more unified national identity and set a precedent for an assertive foreign policy.

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Breaking Chains
Slavery on Trial in the Oregon Territory
R. Gregory Nokes
Oregon State University Press, 2013
When they were brought to Oregon in 1844, Missouri slaves Robin and Polly Holmes and their children were promised freedom in exchange for helping develop their owner’s Willamette Valley farm. However, Nathaniel Ford, an influential settler and legislator, kept them in bondage until 1850, even then refusing to free their children. Holmes took his former master to court and, in the face of enormous odds, won the case in 1853.

In Breaking Chains, R. Gregory Nokes tells the story of the only slavery case adjudicated in Oregon’s pre-Civil War courts—Holmes v. Ford. Through the lens of this landmark case, Nokes explores the historical context of racism in Oregon and the West, reminding readers that there actually were slaves in Oregon, though relatively few in number.

Drawing on the court record, Nokes offers an intimate account of the relationship between a slave and his master from the slave’s point of view. He also explores the experiences of other slaves in early Oregon, examining attitudes toward race and revealing contradictions in the state’s history. Oregon was the only free state admitted to the union with a voter-approved constitutional clause banning African Americans and, despite the prohibition of slavery in the state, many in Oregon tolerated it and supported politicians who advocated for slavery, including Oregon’s first territorial governor.

Breaking Chains sheds light on a somber part of Oregon’s history, bringing the story of slavery in Oregon to a broader audience. The book will appeal to readers interested in Pacific Northwest history and in the history of slavery in the United States.
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