A SCHOLARLY BOOK REPOSITORY25 start with D start with D
In the tumultuous decades after the Civil War, as the southern white elite reclaimed power, “racial mixing” was the central concern of segregationists who strove to maintain “racial purity.” Segregation—and race itself—was based on the idea that interracial sex posed a biological threat to the white race. In this groundbreaking study, Charles Robinson examines how white southerners enforced anti-miscegenation laws. His findings challenge conventional wisdom, documenting a pattern of selective prosecution under which interracial domestic relationships were punished even more harshly than transient sexual encounters. Robinson shows that the real crime was to suggest that black and white individuals might be equals, a notion which undermined the legitimacy of the economic, political, and social structure of white male supremacy.
Robinson examines legal cases from across the South, considering both criminal prosecutions brought by states and civil disputes over marital and family assets. He also looks at U.S. Supreme Court decisions, debates in state legislatures, comments in the U.S. Congressional Record, and newspaper editorials. He not only shows the hardening of racial categories but assesses the attitudes of African Americans about anti-miscegenation laws and intermarriage. The epilogue concerns “The Demise of Anti-miscegenation Law” including the case of Richard and Mildred Loving.
Dangerous Liaisons vividly documents the regulation of intimacy and its fundamental role in the construction of race.
In Oregon, Saules encountered a multiethnic population already transformed by colonialism—in particular, the fur industry and Protestant missionaries. Once the Oregon Trail emigrants began arriving in large numbers, in 1843, Saules had to adapt to a new reality in which Anglo-American settlers persistently sought to marginalize and exclude black residents from the region. Unlike Saules, who adapted and thrived in Oregon’s multiethnic milieu, the settler colonists sought to remake Oregon as a white man’s country. They used race as shorthand to determine which previous inhabitants would be included and which would be excluded. Saules inspired and later had to contend with a web of black exclusion laws designed to deny black people citizenship, mobility, and land.
In Dangerous Subjects, Kenneth Coleman sheds light on a neglected chapter in Oregon’s history. His book will be welcomed by scholars in the fields of western history and ethnic studies, as well as general readers interested in early Oregon and its history of racial exclusion.
Native women’s marital rights and roles in colonial Illinois society
Kaskaskia, Illinois, once the state’s capital, torn from the state by flood waters, and now largely forgotten, was once the home to a couple who helped transform the region in the 1720s from a frontier village to a civil society. In the heart of France’s North American empire, the village was a community of French-Canadian fur traders and Kaskaskia Indians who not only lived together but often intermarried. These Indigenous and French intermarriages were central to colonial Illinois society, and the coupling of Marguerite 8assecam8c8e (Dawn’s Light Woman) and Nicolas Franchomme, in particular, was critical to expanding the jurisdiction of French law.
While the story of Marguerite and Nicolas is unknown today, it is the story of how French customary law (Coutume de Paris) governed colonial marriage, how mixed Indian-French marriages stood at the very core of early colonial Illinois society, and how Illinois Indian women benefited, socially and legally, from being married to French men. All of this came about due to a lawsuit in which Nicolas successfully argued that his wife had legal claim to her first husband’s estate—a legal decision that created a precedent for society in the Illinois Country.
Within this narrative of a married couple and their legal fight—based on original French manuscripts and supported by the comprehensively annotated 1726 Illinois census—is also the story of the village of Kaskaskia during the 1720s, of the war between Fox Indians and French settlers, with their Indian allies, in Illinois, and of how the spread of plow agriculture dramatically transformed the Illinois Country’s economy from largely fur trade–based to expansively agricultural.
Many people living far away from Indian reservations express sympathy for the poverty and misery experienced by Native Americans, yet, Thomas Biolsi argues, the problems faced by Native Americans are the results of white privilege.
In Deadliest Enemies, Biolsi connects the origins of racial tension between Indians and non-Indians on the Rosebud Reservation in South Dakota to federal laws, showing how the courts have created opposing political interests along race lines. Biolsi demonstrates that the court’s definitions of legal rights—both constitutional and treaty rights—make solutions to racial tensions intractable.
This powerful work sheds much-needed light on racial conflicts in South Dakota and in the rest of the United States, and holds white people accountable for the benefits of their racial privilege that come at the expense of Native Americans.
Thomas Biolsi is professor of Native American studies at the University of California at Berkeley.
Ute Gerhard places women's rights at the center of legal philosophy and sees the struggle for equality as a driving force in the history of law. Focusing on Europe and taking the course of German feminism and law as primary examples, she incorporates the various social contexts in which questions of equality and gender difference have been raised into an analysis that challenges misconceptions about the principle of equality itself.
Gerhard reviews the history of women's movements in the nineteenth and twentieth centuries and traces the historical development of claims to gender equality as well as obstacles to these claims. Critically exploring the influence of philosophers such as Rousseau, Fichte, and Kant, Gerhard concludes that women need to be recognized as both equal and different-that claims to equality do not simply eliminate difference, but also articulate it. Mindful of the social and political contexts surrounding equality arguments, Gerhard probes three legal issues: women's rights in the public sphere, especially the right to vote; women's legal capacities in private law, or the legal doctrine of so-called gender tutelage; and women's human rights, a prominent concern in the current international women's movement.
By bringing new interdisciplinary perspectives to issues such as the quality of citizenship and the rule of law in present-day Mexico, this book raises important issues for research on the relationship between law and gender more widely.
In the late nineteenth and early twentieth centuries, Baynton explains, immigration restriction in the United States was primarily intended to keep people with disabilities—known as “defectives”—out of the country. The list of those included is long: the deaf, blind, epileptic, and mobility impaired; people with curved spines, hernias, flat or club feet, missing limbs, and short limbs; those unusually short or tall; people with intellectual or psychiatric disabilities; intersexuals; men of “poor physique” and men diagnosed with “feminism.” Not only were disabled individuals excluded, but particular races and nationalities were also identified as undesirable based on their supposed susceptibility to mental, moral, and physical defects.
In this transformative book, Baynton argues that early immigration laws were a cohesive whole—a decades-long effort to find an effective method of excluding people considered to be defective. This effort was one aspect of a national culture that was increasingly fixated on competition and efficiency, anxious about physical appearance and difference, and haunted by a fear of hereditary defect and the degeneration of the American race.
Historians have long argued that the Great War eradicated German culture from American soil. Degrees of Allegiance examines the experiences of German-Americans living in Missouri during the First World War, evaluating the personal relationships at the local level that shaped their lives and the way that they were affected by national war effort guidelines. Spared from widespread hate crimes, German-Americans in Missouri did not have the same bleak experiences as other German-Americans in the Midwest or across America. But they were still subject to regular charges of disloyalty, sometimes because of conflicts within the German-American community itself.
Degrees of Allegiance updates traditional thinking about the German-American experience during the Great War, taking into account not just the war years but also the history of German settlement and the war’s impact on German-American culture.
Featuring chapters on Bolivia, Colombia, Ecuador, Guatemala, and Mexico, the contributors to Demanding Justice and Security include both leading researchers and community activists. From Kichwa women in Ecuador lobbying for the inclusion of specific clauses in the national constitution that guarantee their rights to equality and protection within indigenous community law, to Me’phaa women from Guerrero, Mexico, battling to secure justice within the Inter-American Court of Human Rights for violations committed in the context of militarizing their home state, this book is a must-have for anyone who wants to understand the struggle of indigenous women in Latin America.
Cary Federman takes a more sympathetic approach to sex offender legislation. He focuses on the deliberative intentions of legislators, exploring the limits of judicial review and the rights of interested parties to influence lawmaking. Leaders of these interested parties are usually the parents of children who have been sexually violated and murdered. Critics of sex offender legislation tend to focus on the convicted parties, arguing that their rights have been violated. Democracy and Deliberation asserts that these laws are expressions of the deliberative intentions of lawmakers concerned about public safety—they are thus constitutional, if not always wise.
“In Denaturalized, Claire Zalc combines the precision of the scholar with the passion of a storyteller…This is a deftly written book. Zalc combines in an accessible style (smoothly translated by Catherine Porter) the stories of people trapped within a bureaucracy that was as obsessed, perhaps, with clearing files as with hunting Jews. In other words, Zalc reminds us how cruel the banality of indifference could be.”—Wall Street Journal
Winner of the Prix d’histoire de la justice
A leading historian radically revises our understanding of the fate of Jews under the Vichy regime.
Thousands of naturalized French men and women had their citizenship revoked by the Vichy government during the Second World War. Once denaturalized, these men and women, mostly Jews who were later sent to concentration camps, ceased being French on official records and walked off the pages of history. As a result, we have for decades severely underestimated the number of French Jews murdered by Nazis during the Holocaust. In Denaturalized, Claire Zalc unearths this tragic record and rewrites World War II history.
At its core, this is a detective story. How do we trace a citizen made alien by the law? How do we solve a murder when the body has vanished? Faced with the absence of straightforward evidence, Zalc turned to the original naturalization papers in order to uncover how denaturalization later occurred. She discovered that, in many cases, the very officials who granted citizenship to foreigners before 1940 were the ones who retracted it under Vichy rule.
The idea of citizenship has always existed alongside the threat of its revocation, and this is especially true for those who are naturalized citizens of a modern state. At a time when the status of millions of naturalized citizens in the United States and around the world is under greater scrutiny, Denaturalized turns our attention to the precariousness of the naturalized experience—the darkness that can befall those who suddenly find themselves legally cast out.
Men and women remain unequal in the United States, but in this provocative book, Robert Max Jackson demonstrates that gender inequality is irrevocably crumbling. Destined for Equality, the first integrated analysis of gender inequality's modern decline, tells the story of that progressive movement toward equality over the past two centuries in America, showing that women's status has risen consistently and continuously.
Jackson asserts that women's rising status has been due largely to the emergence of modern political and economic organizations, which have transformed institutional priorities concerning gender. Although individual politicians and businessmen generally believed women should remain in their traditional roles, Jackson shows that it was simply not in the interests of modern enterprise and government to foster inequality. The search for profits, votes, organizational rationality, and stability all favored a gender-neutral approach that improved women's status. The inherent gender impartiality of organizational interests won out over the prejudiced preferences of the men who ran them.
As economic power migrated into large-scale organizations inherently indifferent to gender distinctions, the patriarchal model lost its social and cultural sway, and women's continual efforts to rise in the world became steadily more successful. Total gender equality will eventually prevail; the only questions remaining are what it will look like, and how and when it will arrive.
In Dilemma of Duties, Corbin outlines patterns of role conflict that defenders experience, details its impact on counselors and clients in the juvenile justice system, and addresses the powerful influence of the juvenile court culture and the lack of resources for defenders. Tasked with guiding these children, counselors frequently must contend with and manage their clients’ general distrust of adults as they attempt to serve as their voices to the court.
Understanding how juvenile defenders define their role and experience role conflict provides valuable insights into our juvenile justice system, especially its role in upholding due process rights. Such knowledge points to the importance of the training and practices of juvenile court functionaries and the efficacy, credibility, and legitimacy of the juvenile justice system itself.
Bruce J. Dierenfield and David A. Gerber use the Zobrests' story to examine the complex history and jurisprudence of disability accommodation and educational mainstreaming. They look at the family's effort to acquire educational resources for their son starting in early childhood and the choices the Zobrests made to prepare him for life in the hearing world rather than the deaf community. Dierenfield and Gerber also analyze the thorny church-state issues and legal controversies that informed the case, its journey to the U.S. Supreme Court, and the impact of the high court's ruling on the course of disability accommodation and religious liberty.
"Freedom and Justice for all" is a phrase that can have a hollow ring for many members of the disability community in the United States. Jacqueline Vaughn Switzer gives us a comprehensive introduction to and overview of U.S. disability policy in all facets of society, including education, the workplace, and social integration. Disabled Rights provides an interdisciplinary approach to the history and politics of the disability rights movement and assesses the creation and implementation, successes and failures of the 1990 Americans with Disabilities Act (ADA) by federal, state and local governments.
Disabled Rights explains how people with disabilities have been treated from a social, legal, and political perspective in the United States. With an objective and straightforward approach, Switzer identifies the programs and laws that have been enacted in the past fifty years and how they have affected the lives of people with disabilities. She raises questions about Congressional intent in passing the ADA, the evolution and fragmentation of the disability rights movement, and the current status of disabled people in the U.S.
Illustrating the shift of disability issues from a medical focus to civil rights, the author clearly defines the contemporary role of persons with disabilities in American culture, and comprehensively outlines the public and private programs designed to integrate disabled persons into society. She covers the law's provisions as they apply to private organizations and businesses and concludes with the most up-to-date coverage of recent Supreme Court decisions-especially since the 2000-2002 terms-that have profoundly influenced the implementation of the ADA and other disability policies.
For activists as well as scholars, students, and practitioners in public policy and public administration, Switzer has written a compassionate, yet powerful book that demands attention from everyone interested in the battle for disability rights and equality in the United States.
The Americans with Disabilities Act (ADA) of 1990 was intended to send a clear message to society that discrimination on the basis of disability is unacceptable. As with most civil rights laws, the courts were given primary responsibility for implementing disability rights policy.
Mezey argues that the act has not fulfilled its potential primarily because of the judiciary's "disabling interpretations" in adjudicating ADA claims. In the decade of litigation following the enactment of the ADA, judicial interpretation of the law has largely constricted the parameters of disability rights and excluded large numbers of claimants from the reach of the law. The Supreme Court has not interpreted the act broadly, as was intended by Congress, and this method of decision making was for the most part mirrored by the courts below. The high court's rulings to expand state sovereign immunity and insulate states from liability in damage suits has also caused claimants to become enmeshed in litigation and has encouraged defendants to challenge other laws affecting disability rights. Despite the law's strong civil rights rhetoric, disability rights remain an imperfectly realized goal.
Duke University of Press Scholars of Color First Book Award Recipient
In earlier times, a woman knew she was pregnant when she experienced “quickening”—she felt movement within her. Today a woman relies on what she sees in a test result or a digital sonogram image to confirm her pregnancy. A private experience once mediated by women themselves has become a public experience interpreted and controlled by medical professionals. In Disembodying Women, Barbara Duden takes a closer look at this contemporary transformation of women’s experience of pregnancy. She suggests that advances in technology and parallel changes in public discourse have refrained pregnancy as a managed process, the mother as an ecosystem, and the fetus as an endangered species.
Drawing on extensive historical research, Duden traces the graphic techniques-from anatomists’ drawings to woodcuts to X-rays and ultrasound-used to “flay” the female body and turn it inside out. Emphasizing the iconic power of the visual within twentieth-century culture, Duden follows the process by which the pregnant woman’s flesh has been peeled away to uncover scientific data. Lennart Nilsson’s now-famous photographs of the embryo published in Life magazine in the mid-1960s stand in stark contrast to representations of the invisible unborn in medieval iconography or sixteenth-century painting. Illumination has given way to illustration, ideogram to facsimile, the contemplative intuition of the body to a scientific analysis of its component parts.
New ways of seeing the body produce new ways of experiencing the body. Because technology allows us to penetrate that once secret enclosure of the womb, the image of the fetus, exposed to public gaze, has eclipsed that of woman in the public mind. Society, anxious about the health of the global environment, has focused on protecting “life” in the maternal ecosystem, in effect, pitting fetus against mother.
Duden’s reading of the body lends a unique historical and philosophical perspective to contemporary debate over fetal rights, reproductive technologies, abortion, and the right to privacy. This provocative work should reinvigorate that debate by calling into question contemporary certainties and the policies and programs they serve to justify.
Based on fieldwork with Palestinian and Syrian refugees in Jordan, Displacing Territory explores how the lived realities of refugees are deeply affected by their imaginings of what constitutes territory and their sense of belonging to different places and territories. Karen Culcasi shows how these individual conceptualizations about territory don’t always fit the Western-centric division of the world into states and territories, thus revealing alternative or subordinated forms and scales of territory. She also argues that disproportionate attention to “refugee crises” in the Global North has diverted focus from other parts of the world that bear the responsibility of protecting the majority of the world’s refugees. By focusing on Jordan, a Global South state that hosts the world’s second-largest number of refugees per capita, this book provides insights to consider alternate ways to handle the situation of refugees elsewhere. In the process, Culcasi brings the reader into refugees’ diverse realities through their own words, inherently arguing against the tendency of many people in the Global North to see refugees as aberrant, burdensome, or threatening.
Not so, reveals Halley. In order to work through the steps by which the new law was ultimately drafted, she opens with a close reading of the 1986 Supreme Court sodomy case which served as the legal and rhetorical model for the policy revisions made in 1993. Halley also describes how the Clinton administration’s attempts to offer Congress an opportunity to regulate conduct—and not status—were flatly rejected and not included in the final statute. Using cultural and critical theory seldom applied to explain the law, Halley argues that, far from providing privacy and an assurance that servicemembers' careers will be ruined only if they engage in illegal conduct, the rule activates a culture of minute surveillance in which every member must strictly avoid using any gesture in an ever-evolving lexicon of “conduct that manifests a propensity.” In other words, not only homosexuals but all military personnel are placed in danger by the new policy. After challenging previous pro-gay arguments against the policy that have failed to expose its most devious and dangerous elements, Halley ends with a persuasive discussion about how it is both unconstitutional and, politically, an act of sustained bad faith.
This knowledgeable and eye-opening analysis of one of the most important public policy debates of the 1990s will interest legal scholars, policymakers, activists, military historians and personnel, as well as citizens concerned about issues of discrimination.
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