front cover of Facing the Future
Facing the Future
The Indian Child Welfare Act at 30
Matthew L.M. Fletcher
Michigan State University Press, 2009

The U.S. Congress is charged with responsibility for the protection and preservation of American Indian tribes, including Indian children. In 1978, Congress enacted the Indian Child Welfare Act (ICWA), with the intent to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families." ICWA sets federal requirements that apply to state child custody proceedings involving an Indian child who is a member of or eligible for membership in a federally recognized tribe. ICWA also sets out federal requirements regarding removal of Indian children and their placement in foster or adoptive homes, and it allows the child's tribe to intervene in the case.
     The history of the Act is a tangle of legal, social, and emotional complications. Some state courts have found unusual legal arguments to avoid applying the law, while some states have gone beyond the terms of the Act to provide greater protections for Indian people. This collection brings together for the first time a multidisciplinary assessment of the law—with scholars, practitioners, lawyers, and social workers all offering perspectives on the value and importance of the Indian Child Welfare Act.

[more]

front cover of Faith in Paper
Faith in Paper
Charles E. Cleland
University of Michigan Press, 2011
Faith in Paper is about the reinstitution of Indian treaty rights in the Upper Great Lakes region during the last quarter of the 20th century. The book focuses on the treaties and legal cases that together
have awakened a new day in Native American sovereignty and established the place of Indian tribes on the modern political landscape.
 
In addition to discussing the historic development of Indian treaties and their social and legal context, Charles E. Cleland outlines specific treaties litigated in modern courts as well as the impact of treaty litigation on the modern Indian and non-Indian communities of the region. Faith in Paper is both an important contribution to the scholarship of Indian legal matters and a rich resource for Indians
themselves as they strive to retain or regain rights that have eroded over the years.
 
Charles E. Cleland is Michigan State University Emeritus Professor of Anthropology and Curator of Anthropology and Ethnology. He has been an expert witness in numerous Native American land claims and fishing rights cases and written a number of other books on the subject, including Rites of Conquest: The History and Culture of Michigan's Native Americans; The Place of the Pike (Gnoozhekaaning): A History of the Bay Mills Indian Community; and (as a contributor) Fish in the Lakes, Wild Rice, and Game in Abundance: Testimony on Behalf of Mille Lacs Ojibwe Hunting and Fishing Rights.
[more]

front cover of A Fateful Time
A Fateful Time
The Background And Legislative History Of The Indian Reorganization Act
Elmer R. Rusco
University of Nevada Press, 2000

The Indian Reorganization Act (IRA) of 1934 has been generally acknowledged as the most important statute affecting Native Americans after the General Allotment Act of 1887, and it is probably the most important single statute affecting Native Americans during the two-thirds of a century since its passage. Over half the Native governments in the contemporary U.S. are organized under its provisions or under separate statutes that parallel the IRA in major ways. Although the impact of the IRA has been widely studied and debated, no scholar until now has looked closely at the forces that shaped its creation and passage. Author Elmer Rusco spent over a decade of research in national and regional archives and other repositories to examine the legislative intent of the IRA, including the role of issues like the nature and significance of judge-made Indian law; the allotment policy and its relation to Indian self-government; the nature of Native American governments before the IRA; the views and actions of John Collier, commissioner of Indian Affairs and leader in the campaign to reform the nation’s Indian policy; and the influence of relations between the president and Congress during the second year of the New Deal. Rusco also discusses the role of conflicting ideologies and interests in this effort to expand the rights of Native Americans; the general ignorance of Native American concerns and policy on the part of legislators engaged in the writing and passage of the law; and the limited but crucial impact of Indian involvement in the struggle over the IRA.

[more]

logo for Harvard University Press
Feminism Unmodified
Discourses on Life and Law
Catharine A. MacKinnon
Harvard University Press, 1987

Catharine A. MacKinnon, noted feminist and legal scholar, explores and develops her original theories and practical proposals on sexual politics and law. These discourses, originally delivered as speeches, have been brilliantly woven into a book that retains all the spontaneity and accessibility of a live presentation. MacKinnon offers a unique retrospective on the law of sexual harassment, which she designed and has worked for a decade to establish, and a prospectus on the law of pornography, which she proposes to change in the next ten years. Authentic in voice, sweeping in scope, startling in clarity, urgent, never compromised and often visionary, these discourses advance a new theory of sex inequality and imagine new possibilities for social change.

Through these engaged works on issues such as rape, abortion, athletics, sexual harassment, and pornography, MacKinnon seeks feminism on its own terms, unconstrained by the limits of prior traditions. She argues that viewing gender as a matter of sameness and difference—as virtually all existing theory and law have done—covers up the reality of gender, which is a system of social hierarchy, an imposed inequality of power. She reveals a political system of male dominance and female subordination that sexualizes power for men and powerlessness for women. She analyzes the failure of organized feminism, particularly legal feminism, to alter this condition, exposing the way male supremacy gives women a survival stake in the system that destroys them.

[more]

front cover of Fetal Rights, Women's Rights
Fetal Rights, Women's Rights
Gender Equality in the Workplace
Suzanne U. Samuels
University of Wisconsin Press, 1995

In the late 1970s and throughout the 1980s, many private employers in the United States enacted fetal protection policies that barred fertile women—that is, women who had not been surgically sterilized—from working in jobs that might expose fetuses to toxins. In Fetal Rights, Women’s Rights, Suzanne Samuels analyzes these policies and the ambiguous responses to them by federal and state courts, legislatures, administrative agencies, litigants, and interest groups. She poses provocative questions about the implicit links between social welfare concerns and paternalism in the workplace, including: are women workers or wombs?
    Placing the fetal protection controversy within the larger societal debate about gender roles, Samuels argues that governmental decision-makers confuse sex, which is based solely on biological characteristics, with gender, which is based on societal conceptions. She contends that the debate about fetal protection policies brought this ambiguity into stark relief, and that the response of policy-makers was rooted in assumptions about gender roles. Judges, legislators, and regulators used gender as a proxy, she argues, to sidestep the question of whether fetal protection policies could be justified by the biological differences between women and men.
    The fetal protection controversy raises a number of concerns about women's role in the workplace. Samuels discusses the effect on governmental policies of the ongoing controversy over abortion rights and the debates between egalitarian and relational feminists about the treatment of women at work. A timely and engrossing study, Fetal Rights, Women's Rights  details the pattern of gender politics in the United States and demonstrates the broader ramifications of gender bias in the workplace.

[more]

front cover of The First Amendment and LGBT Equality
The First Amendment and LGBT Equality
A Contentious History
Carlos A. Ball
Harvard University Press, 2017

Conservative opponents of LGBT equality in the United States often couch their opposition in claims of free speech, free association, and religious liberty. It is no surprise, then, that many LGBT supporters equate First Amendment arguments with resistance to their cause. The First Amendment and LGBT Equality tells another story, about the First Amendment’s crucial yet largely forgotten role in the first few decades of the gay rights movement.

Between the 1950s and 1980s, when many courts were still openly hostile to sexual minorities, they nonetheless recognized the freedom of gay and lesbian people to express themselves and associate with one another. Successful First Amendment cases protected LGBT publications and organizations, protests and parades, and individuals’ right to come out. The amendment was wielded by the other side only after it had laid the groundwork for major LGBT equality victories.

Carlos A. Ball illuminates the full trajectory of this legal and cultural history. He argues that, in accommodating those who dissent from LGBT equality on grounds of conscience, it is neither necessary nor appropriate to depart from the established ways in which American antidiscrimination law has, for decades, accommodated equality dissenters. But he also argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents today, they should take care not to erode the very safeguards of liberty that allowed LGBT rights to exist in the first place.

[more]

front cover of First Available Cell
First Available Cell
Desegregation of the Texas Prison System
By Chad R. Trulson and James W. Marquart
University of Texas Press, 2009

Decades after the U.S. Supreme Court and certain governmental actions struck down racial segregation in the larger society, American prison administrators still boldly adhered to discriminatory practices. Not until 1975 did legislation prohibit racial segregation and discrimination in Texas prisons. However, vestiges of this practice endured behind prison walls. Charting the transformation from segregation to desegregation in Texas prisons—which resulted in Texas prisons becoming one of the most desegregated places in America—First Available Cell chronicles the pivotal steps in the process, including prison director George J. Beto's 1965 decision to allow inmates of different races to co-exist in the same prison setting, defying Southern norms.

The authors also clarify the significant impetus for change that emerged in 1972, when a Texas inmate filed a lawsuit alleging racial segregation and discrimination in the Texas Department of Corrections. Perhaps surprisingly, a multiracial group of prisoners sided with the TDC, fearing that desegregated housing would unleash racial violence. Members of the security staff also feared and predicted severe racial violence. Nearly two decades after the 1972 lawsuit, one vestige of segregation remained in place: the double cell. Revealing the aftermath of racial desegregation within that 9 x 5 foot space, First Available Cell tells the story of one of the greatest social experiments with racial desegregation in American history.

[more]

front cover of First, Do No Harm
First, Do No Harm
Power, Oppression, and Violence in Healthcare
Edited by Nancy L. Diekelmann
University of Wisconsin Press, 2002

    First, Do No Harm shows how health care professionals, with the best intentions of providing excellent, holistic health care, can nonetheless perpetuate violence against vulnerable patients. The essays investigate the need to rethink contemporary healthcare practices in ways that can bring the art and science of medicine back into sorely needed balance.
    These ground-breaking studies by noted scholars question commonly held assumptions in contemporary healthcare that underlie oppressive power dynamics and even violence for patients and their families. The contributors discuss such topics as women and violence, life-support technologies, and healthcare professionals’ own experiences as patients. First, Do No Harm opens the discourse for reaching new understandings, from reassessing the meaning of "quality of life" to questioning the appropriateness of the very language used by healthcare professionals. It will be welcomed by healthcare workers and by scholars in nursing, medicine, and the allied health sciences.

[more]

front cover of Freeman's Challenge
Freeman's Challenge
The Murder That Shook America's Original Prison for Profit
Robin Bernstein
University of Chicago Press, 2024
An award-winning historian tells a gripping, morally complicated story of murder, greed, race, and the true origins of prison for profit.

In the early nineteenth century, as slavery gradually ended in the North, a village in New York State invented a new form of unfreedom: the profit-driven prison. Uniting incarceration and capitalism, the village of Auburn built a prison that enclosed industrial factories. There, “slaves of the state” were leased to private companies. The prisoners earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system.

In Freeman’s Challenge, Robin Bernstein tells the story of an Afro-Native teenager named William Freeman who was convicted of a horse theft he insisted he did not commit and sentenced to five years of hard labor in Auburn’s prison. Incensed at being forced to work without pay, Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s unforgettable story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom.

Through one Black man, his family, and his city, Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.
 
[more]

front cover of From Good Will To Civil Rights
From Good Will To Civil Rights
Transforming Federal Disability Policy
Richard K. Scotch
Temple University Press, 2001
Now that curb cuts, braille elevator buttons, and closed caption television are commonplace, many people assume that disabled people are now full participants in American society. This book tells a rather different story. It tells how America's disabled mobilized to effect sweeping changes in public policy, not once but twice, and it suggests that the struggle is not yet over.

The first edition of From Good Will to Civil Rights traced the changes in federal disability policy, focusing on the development and implementation of Section 504 of the Rehabilitation Act of 1973. Richard K. Scotch's extensive interviews with policymakers, leaders of the disability rights movement, and other advocates, supplemented the sketchy official history of the legislation with the detailed, behind-the-scenes story, illuminating the role of the disability rights movement in shaping Section 504. Charting the shifts in policy and activist agendas through the 1990's, this new edition surveys the effects and disappointments associated with the Americans with Disabilities Act, passed in 1990, in the context of the continuing movement to secure civil rights for disabled people.
[more]

front cover of From good will to civil rights
From good will to civil rights
transforming federal disability policy
Richard K. Scotch
Temple University Press, 1984
"An excellent case study of the enactment and implementation of Section 504...this book will interest students of the American public policy-making processes as well as those with a special interest in civil rights and disability policy." --Choice Now that curb cuts, braille elevator buttons, and closed caption television are commonplace, many people assume that disabled people are now full participants in American society. This book tells a rather different story. It tells how America's disabled mobilized to effect sweeping changes in public policy, not once but twice, and it suggests that the struggle is not yet over. The first edition of From Good Will to Civil Rights traced the changes in federal disability policy, focusing on the development and implementation of Section 504 of the Rehabilitation Act of 1973. Richard K. Scotch's extensive interviews with policymakers, leaders of the disability rights movement, and other advocates, supplemented the sketchy official history of the legislation with the detailed, behind-the-scenes story, illuminating the role of the disability rights movement in shaping Section 504. Charting the shifts in policy and activist agendas through the 1990s, this new edition surveys the effects and disappointments associated with the Americans with Disabilities Act, passed in 1990, in the context of the continuing movement to secure full civil rights for disabled people. "This analysis...is almost certain to become a classic work in the literature that will eventually emerge in this field." --Harlan Hahn, Contemporary Sociology "The best thing about Scotch's book is that it shows why, despite the broad rights language of the legislation and its regulations, Section 504 exists in a vacuum, with this country still, for the most part, unconcerned about disability rights.... Advocates should read Scotch's book... It's a good place to start on the future." --The Disability Rag
[more]

front cover of From the House to the Streets
From the House to the Streets
The Cuban Woman's Movement for Legal Reform, 1898-1940
K. Lynn Stoner
Duke University Press, 1991
From the House to the Streets is the first study on feminists and the feminist movement in Cuba between 1902 and 1940. In the four decades following its independence form Spain in 1898, Cuba adopted the most progressive legislation for women in the western hemisphere. K. Lynn Stoner explains how a small group of women and men helped to shape broad legal reforms: she describes their campaigns, the version of feminism they adopted with all its contradictions, and contrasts it to the model of feminism North Americans were transporting to Cuba.
Stoner draws on rich primary sources—texts, personal letters, journal essays, radio broadcasts, memoirs from women’s congresses—which allow these women to speak in their own voices. In reconstructing the mentalité of Cuban feminists, who came primarily from a privileged social status, Stoner shows how feminism drew from traditional notions of femininity and a rejection of gender equality to advance a cause that assumed women’s expanded roles were necessary for social progress. She also examines the values of the progressive male politicians who supported feminists and worked to change Cuban laws.
[more]

front cover of From Threatening Guerrillas to Forever Illegals
From Threatening Guerrillas to Forever Illegals
US Central Americans and the Cultural Politics of Non-Belonging
Yajaira M. Padilla
University of Texas Press, 2022

The experience of Central Americans in the United States is marked by a vicious contradiction. In entertainment and information media, Salvadorans, Guatemalans, Nicaraguans, and Hondurans are hypervisible as threatening guerrillas, MS-13 gangsters, maids, and “forever illegals.” Central Americans are unseen within the broader conception of Latinx community, foreclosing avenues to recognition.

Yajaira M. Padilla explores how this regime of visibility and invisibility emerged over the past forty years—bookended by the right-wing presidencies of Ronald Reagan and Donald Trump—and how Central American immigrants and subsequent generations have contested their rhetorical disfiguration. Drawing from popular films and TV, news reporting, and social media, Padilla shows how Central Americans in the United States have been constituted as belonging nowhere, imagined as permanent refugees outside the boundaries of even minority representation. Yet in documentaries about cross-border transit through Mexico, street murals, and other media, US Central Americans have counteracted their exclusion in ways that defy dominant paradigms of citizenship and integration.

[more]

front cover of Fugitive Justice
Fugitive Justice
Runaways, Rescuers, and Slavery on Trial
Steven Lubet
Harvard University Press, 2010

During the tumultuous decade before the Civil War, no issue was more divisive than the pursuit and return of fugitive slaves—a practice enforced under the Fugitive Slave Act of 1850. When free Blacks and their abolitionist allies intervened, prosecutions and trials inevitably followed. These cases involved high legal, political, and—most of all—human drama, with runaways desperate for freedom, their defenders seeking recourse to a “higher law” and normally fair-minded judges (even some opposed to slavery) considering the disposition of human beings as property.

Fugitive Justice tells the stories of three of the most dramatic fugitive slave trials of the 1850s, bringing to vivid life the determination of the fugitives, the radical tactics of their rescuers, the brutal doggedness of the slavehunters, and the tortuous response of the federal courts. These cases underscore the crucial role that runaway slaves played in building the tensions that led to the Civil War, and they show us how “civil disobedience” developed as a legal defense. As they unfold we can also see how such trials—whether of rescuers or of the slaves themselves—helped build the northern anti-slavery movement, even as they pushed southern firebrands closer to secession.

How could something so evil be treated so routinely by just men? The answer says much about how deeply the institution of slavery had penetrated American life even in free states. Fugitive Justice powerfully illuminates this painful episode in American history, and its role in the nation’s inexorable march to war.

[more]

front cover of The Fugitive's Properties
The Fugitive's Properties
Law and the Poetics of Possession
Stephen M. Best
University of Chicago Press, 2004
In this study of literature and law before and since the Civil War, Stephen M. Best shows how American conceptions of slavery, property, and the idea of the fugitive were profoundly interconnected. The Fugitive's Properties uncovers a poetics of intangible, personified property emerging out of antebellum laws, circulating through key nineteenth-century works of literature, and informing cultural forms such as blackface minstrelsy and early race films.

Best also argues that legal principles dealing with fugitives and indebted persons provided a sophisticated precursor to intellectual property law as it dealt with rights in appearance, expression, and other abstract aspects of personhood. In this conception of property as fleeting, indeed fugitive, American law preserved for much of the rest of the century slavery's most pressing legal imperative: the production of personhood as a market commodity. By revealing the paradoxes of this relationship between fugitive slave law and intellectual property law, Best helps us to understand how race achieved much of its force in the American cultural imagination. A work of ambitious scope and compelling cross-connections, The Fugitive's Properties sets new agendas for scholars of American literature and legal culture.
[more]


Send via email Share on Facebook Share on Twitter