front cover of Hawaiian Blood
Hawaiian Blood
Colonialism and the Politics of Sovereignty and Indigeneity
J. Kauanui Kahaulani
Duke University Press, 2008
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership.

Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

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Heaven's Soldiers
Free People of Color and the Spanish Legacy in Antebellum Florida
Frank Marotti
University of Alabama Press, 2013

Heaven’s Soldiers chronicles the history of a community of free people of African descent who lived and thrived, while resisting the constraints of legal bondage, in East Florida in the four decades leading up to the Civil War.

Historians have long attributed the relatively flexible system of race relations in pre–Civil War East Florida to the area’s Spanish heritage. While acknowledging the importance of that heritage, this book gives more than the usual emphasis to the role of African American agency in exploiting the limited opportunities that such a heritage permitted.
 
Spanish rule presented institutions and customs that talented, ambitious, and fortunate individuals might, and did, exploit. Although racial prejudice was never absent, persons of color aspired to lives of dignity, security, and prosperity. Frank Marotti’s subjects are the free people of African descent in the broad sense of the term “free,” that is, not just those who were legally free, but all those who resisted the constraints of legal bondage and otherwise asserted varying degrees of control over themselves and their circumstances. Collectively, this population was indispensable to the evolution of the existing social order.
 
In Heaven’s Soldiers, Marotti studies four pillars of black liberty that emerged during Spain’s rule and continued through the United States’ acquisition of Florida in 1821: family ties to the white community, manumission, military service, and land ownership. The slaveowning culture of the United States eroded a number of these pillars, though black freedom and agency abided in ways unparalleled anywhere else in the pre–Civil War United States. Indeed, a strong black martial tradition arguably helped to topple Florida’s slave-holding regime, leading up to the start of the Civil War.
 
Marotti surveys black opportunities and liabilities under the Spaniards; successful defenses of black rights in the 1820s as well as chilling statutory assaults on those rights; the black community’s complex involvement in the Patriot War and the Second Seminole War; black migration in the two decades leading up to the US Civil War; and African American efforts to preserve marriage and emancipation customs, and black land ownership.
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The Hello Girls
America’s First Women Soldiers
Elizabeth Cobbs
Harvard University Press, 2017

In 1918, the U.S. Army Signal Corps sent 223 women to France at General Pershing’s explicit request. They were masters of the latest technology: the telephone switchboard. While suffragettes picketed the White House and President Wilson struggled to persuade a segregationist Congress to give women of all races the vote, these courageous young women swore the army oath and settled into their new roles. Elizabeth Cobbs reveals the challenges they faced in a war zone where male soldiers wooed, mocked, and ultimately celebrated them.

The army discharged the last Hello Girls in 1920, the year Congress ratified the Nineteenth Amendment. When they sailed home, they were unexpectedly dismissed without veterans’ benefits and began a sixty-year battle that a handful of survivors carried to triumph in 1979.

“What an eye-opener! Cobbs unearths the original letters and diaries of these forgotten heroines and weaves them into a fascinating narrative with energy and zest.”
—Cokie Roberts, author of Capital Dames

“This engaging history crackles with admiration for the women who served in the U.S. Army Signal Corps during the First World War, becoming the country’s first female soldiers.”
New Yorker

“Utterly delightful… Cobbs very adroitly weaves the story of the Signal Corps into that larger story of American women fighting for the right to vote, but it’s the warm, fascinating job she does bringing her cast…to life that gives this book its memorable charisma… This terrific book pays them a long-warranted tribute.”
Christian Science Monitor

“Cobbs is particularly good at spotlighting how closely the service of military women like the Hello Girls was tied to the success of the suffrage movement.”
—NPR

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Her Day in Court
Women’s Property Rights in Fifteenth-Century Granada
Maya Shatzmiller
Harvard University Press, 2007

This book is a study of the historical record of Muslim women’s property rights and equity. Based on Islamic court documents of fifteenth-century Granada—documents that show a high degree of women’s involvement—the book examines women’s legal entitlements to acquire property as well as the social and economic significance of these rights to Granada’s female population and, by extension, to women in other Islamic societies.

The microhistory of women’s property rights is placed in a comparative historical, social, and economic context and is examined using a theoretical framework that suggests how this book’s conclusions might coexist with the Islamic feminist discourse on the law as a patriarchal system, serving to highlight both the uniqueness and the limitations of the Islamic case. The specifics presented in the case studies reveal the broader structures, constructs, rules, conditions, factors, and paradigms that shaped women’s property rights under Islamic law. They show that women’s property rights were more than just part of a legal system; they were the product of a legal philosophy and a pervasive paradigm that made property ownership a normal construct of the Muslim woman’s legal persona and a norm of her existence.

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Heritage and Rights of Indigenous Peoples
Edited by Manuel May Castillo and Amy Strecker
Leiden University Press, 2017
In 2007, the United Nations adopted the UN Declaration on the Rights of Indigenous People, a landmark political recognition of indigenous rights. A decade later, this book looks at the status of those rights internationally. Written jointly by indigenous and non-indigenous scholars, the chapters feature case studies from four continents that explore the issues faced by Indigenous Peoples through three themes: land, spirituality, and self-determination.
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Hiding in Plain Sight
Black Women, the Law, and the Making of a White Argentine Republic
Erika Denise Edwards
University of Alabama Press, 2020
Winner of The Association of Black Women Historians 2020 Letitia Woods-Brown Award for the best book in African American Women’s History and the 2021 Western Association of Women Historian's Barbara "Penny" Kanner Award
2021 Finalist for the Harriet Tubman Book Prize
2020 Finalist Berkshire Conference of
Women Historians Book Prize​

Details how African-descended women’s societal, marital, and sexual decisions forever reshaped the racial makeup of Argentina

Argentina promotes itself as a country of European immigrants. This makes it an exception to other Latin American countries, which embrace a more mixed—African, Indian, European—heritage. Hiding in Plain Sight: Black Women, the Law, and the Making of a White Argentine Republic traces the origins of what some white Argentines mischaracterize as a “black disappearance” by delving into the intimate lives of black women and explaining how they contributed to the making of a “white” Argentina. Erika Denise Edwards has produced the first comprehensive study in English of the history of African descendants outside of Buenos Aires in the late colonial and early republican periods, with a focus on how these women sought whiteness to better their lives and that of their children.

Edwards argues that attempts by black women to escape the stigma of blackness by recategorizing themselves and their descendants as white began as early as the late eighteenth century, challenging scholars who assert that the black population drastically declined at the end of the nineteenth century because of the whitening or modernization process. She further contends that in Córdoba, Argentina, women of African descent (such as wives, mothers, daughters, and concubines) were instrumental in shaping their own racial reclassifications and destinies.

This volume makes use of a wealth of sources to relate these women’s choices. The sources consulted include city censuses and notarial and probate records that deal with free and enslaved African descendants; criminal, ecclesiastical, and civil court cases; marriages and baptisms records and newsletters. These varied sources provide information about the day-to-day activities of cordobés society and how women of African descent lived, formed relationships, thrived, and partook in the transformation of racial identities in Argentina.
 
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The Holocaust, Corporations, and the Law
Unfinished Business
Leora Bilsky
University of Michigan Press, 2017
The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history.

Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.
 
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Homosexual Desire in Revolutionary Russia
The Regulation of Sexual and Gender Dissent
Dan Healey
University of Chicago Press, 2001
The first full-length study of same-sex love in any period of Russian or Soviet history, Homosexual Desire in Revolutionary Russia investigates the private worlds of sexual dissidents during the pivotal decades before and after the 1917 Bolshevik Revolution. Using records and archives available to researchers only since the fall of Communism, Dan Healey revisits the rich homosexual subcultures of St. Petersburg and Moscow, illustrating the ambiguous attitude of the late Tsarist regime and revolutionary rulers toward gay men and lesbians. Homosexual Desire in Revolutionary Russia reveals a world of ordinary Russians who lived extraordinary lives and records the voices of a long-silenced minority.
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How the Indians Lost Their Land
Law and Power on the Frontier
Stuart Banner
Harvard University Press, 2007

Between the early seventeenth century and the early twentieth,nearly all the land in the United States was transferred from AmericanIndians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?

Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.

This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

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The Human Right to Language
Communication Access for Deaf Children
Lawrence Siegel
Gallaudet University Press, 2008

In 1982, the United States Supreme Court ruled that Amy Rowley, a deaf six-year-old, was not entitled to have a sign language interpreter in her public school classroom. Lawrence Siegel wholeheartedly disagrees with this decision in his new book The Human Right to Language: Communication Access for Deaf Children. Instead, he contends that the United States Constitution should protect every deaf and hard of hearing child’s right to communication and language as part of an individual’s right to liberty. Siegel argues that when a deaf or hard of hearing child sits alone in a crowded classroom and is unable to access the rich and varied communication around her, the child is denied any chance of success in life.

In The Human Right to Language, Siegel proposes that the First and Fourteenth Amendments of the Constitution be enforced so that Amy Rowley and her peers can possess that which virtually every other American child takes for granted – the right to receive and express thought in school. He asserts that the common notion of a right to “speech” is too infrequently interpreted in the narrowest sense as the right to “speak” rather than the broader right to receive and transmit information in all ways. Siegel reveals that there are no judicial decisions or laws that recognize this missing right, and offers here a legal and constitutional strategy for change. His well-reasoned hypothesis and many examples of deaf children with inadequate communication access in school combine to make a compelling case for changing the status quo.

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Human Rights and Gender Violence
Translating International Law into Local Justice
Sally Engle Merry
University of Chicago Press, 2005
Human rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice.

As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression.

A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
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Human Rights in the Maya Region
Global Politics, Cultural Contentions, and Moral Engagements
Pedro Pitarch, Shannon Speed, and Xochitl Leyva Solano, eds.
Duke University Press, 2008
In recent years Latin American indigenous groups have regularly deployed the discourse of human rights to legitimate their positions and pursue their goals. Perhaps nowhere is this more evident than in the Maya region of Chiapas and Guatemala, where in the last two decades indigenous social movements have been engaged in ongoing negotiations with the state, and the presence of multinational actors has brought human rights to increased prominence. In this volume, scholars and activists examine the role of human rights in the ways that states relate to their populations, analyze conceptualizations and appropriations of human rights by Mayans in specific localities, and explore the relationship between the individualist and “universal” tenets of Western-derived concepts of human rights and various Mayan cultural understandings and political subjectivities.

The collection includes a reflection on the effects of truth-finding and documenting particular human rights abuses, a look at how Catholic social teaching validates the human rights claims advanced by indigenous members of a diocese in Chiapas, and several analyses of the limitations of human rights frameworks. A Mayan intellectual seeks to bring Mayan culture into dialogue with western feminist notions of women’s rights, while another contributor critiques the translation of the United Nations Declaration of Human Rights into Tzeltal, an indigenous language in Chiapas. Taken together, the essays reveal a broad array of rights-related practices and interpretations among the Mayan population, demonstrating that global-local-state interactions are complex and diverse even within a geographically limited area. So too are the goals of indigenous groups, which vary from social reconstruction and healing following years of violence to the creation of an indigenous autonomy that challenges the tenets of neoliberalism.

Contributors: Robert M. Carmack, Stener Ekern, Christine Kovic, Xochitl Leyva Solano, Julián López García, Irma Otzoy, Pedro Pitarch, Álvaro Reyes, Victoria Sanford, Rachel Sieder, Shannon Speed, Rodolfo Stavenhagen, David Stoll, Richard Ashby Wilson

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