Relationships with land are fundamental components of Indigenous worldviews, politics, and identity. The disruption of land relations is a defining feature of colonialism; colonial governments and capitalist industries have violently dispossessed Indigenous lands, and have undermined Indigenous political authority through the production of racialized and gendered hierarchies of difference. Consequently, Indigenous resistance and visions for justice and liberation are bound up with land and land-body relationships that challenge colonial power. “Land back” has become a slogan for Indigenous land protectors across the Americas, reflecting how relations to land are foundational to calls for decolonization and liberation.

Land Back highlights the ways Indigenous peoples and anti-colonial co-resistors understand land relations for political resurgence and freedom across the Americas. Contributors place Indigenous practices of freedom within the particularities of Indigenous place-based laws, cosmologies, and diplomacies, while also demonstrating how Indigeneity is shaped across colonial borders. Collectively, they examine the relationships among language, Indigenous ontologies, and land reclamation; Indigenous ecology and restoration; the interconnectivity of environmental exploitation and racial, class, and gender exploitation; Indigenous diasporic movement; community urban planning; transnational organizing and relational anti-racist place-making; and the role of storytelling and children in movements for liberation.

The ninth volume in the Sociolinguistics in Deaf Communities series focuses on forensic linguistics, a field created by noted linguist Roger Shuy, who begins the collection with an introduction of the issue of language problems experienced by minorities in legal settings. Attorney and linguist Rob Hoopes follows by showing how deaf people who use American Sign Language (ASL) are at a distinct disadvantage in legal situations, such as police interrogations, where only the feeblest of efforts are made to ensure that deaf suspects understand their constitutional rights. Susan Mather, an associate professor of linguistics and interpretation, and Robert Mather, a federal disability rights attorney, examine the use of interpreters for deaf jurors during trials. They reveal the courts' gross misunderstandings of the important differences between ASL and Signed English. Sara S. Geer, an attorney at the National Association of the Deaf for 20 years, explains how the difficulty in understanding legal terminology in federal law is compounded for deaf people in every ordinary act, including applying for credit cards and filling out medical consent forms. Language and the Law in Deaf Communities concludes with a chapter by George Castelle, Chief Public Defender in Charleston, West Virginia. Although he has no special knowledge about the legal problems of deaf people, Castelle offers another perspective based upon his extensive experience in practicing and teaching law. Ceil Lucas is Professor of Linguistics in the Department of Linguistics and Interpretation at Gallaudet University. ISBN 1-56368-143-9, 6 x 9 casebound, 200 pages, tables, references, index

To achieve justice and equal protection under the law, Latinos have turned to the U.S. court system to assert and defend their rights. Some of these cases have reached the United States Supreme Court, whose rulings over more than a century have both expanded and restricted the legal rights of Latinos, creating a complex terrain of power relations between the U.S. government and the country's now-largest ethnic minority. To map this legal landscape, Latinos and American Law examines fourteen landmark Supreme Court cases that have significantly affected Latino rights, from Botiller v. Dominguez in 1889 to Alexander v. Sandoval in 2001.

Carlos Soltero organizes his study chronologically, looking at one or more decisions handed down by the Fuller Court (1888-1910), the Taft Court (1921-1930), the Warren Court (1953-1969), the Burger Court (1969-1986), and the Rehnquist Court (1986-2005). For each case, he opens with historical and legal background on the issues involved and then thoroughly discusses the opinion(s) rendered by the justices. He also offers an analysis of each decision's significance, as well as subsequent developments that have affected its impact. Through these case studies, Soltero demonstrates that in dealing with Latinos over issues such as education, the administration of criminal justice, voting rights, employment, and immigration, the Supreme Court has more often mirrored, rather than led, the attitudes and politics of the larger U.S. society.

The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost scholar on the subject, Randolph B. Campbell.

Campbell's commentary focuses on an aspect of slave law that was particularly evident in the evolving legal system of early Texas: the dilemma that arose when human beings were treated as property. As Campbell points out, defining slaves as moveable property, or chattel, presented a serious difficulty to those who wrote and interpreted the law because, unlike any other form of property, slaves were sentient beings. They were held responsible for their crimes, and in numerous other ways statute and case law dealing with slavery recognized the humanness of the enslaved. Attempts to protect the property rights of slave owners led to increasingly restrictive laws—including laws concerning free blacks—that were difficult to uphold. The documents in this collection reveal both the roots of the dilemma and its inevitable outcome.

"An essential volume for all concerned with the legal rights and services for people with hearing loss." -- SHHH Journal "A good guide for compliance with ADA and provides specific suggestions and recommendations." -- Hearing Rehabilitation Quarterly The new, revised, fifth edition of Legal Rights offers in easy-to-understand language the latest state and federal statutes and administrative procedures that prohibit discrimination against deaf and hard of hearing people, and any others with physical challenges. It includes complete information on the Telecommunications Act of 1996, new laws for hearing-aid-compatible telephones, the new Rehabilitation Act regulations that ensure access to electronic and information technology, and how recent Supreme Court rulings will affect people who wear hearing aids. This outstanding resource also explains new requirements for federal buildings and other new structures to provide full access. Recent additions to the Individuals with Disabilities Education Act are described, as are the ways public schools can meet new acoustical standards for classrooms. Legal Rights covers the entire spectrum of communication issues for deaf and hard of hearing people, from the new rules about interpreters in federal courts to the latest developments regarding relay services. It also lists those states that are leaders in ensuring access and equal rights to people with disabilities, making it the most complete source of legal information for deaf and hard of hearing people now available. Founded in 1880, the National Association of the Deaf (NAD) is the oldest and largest organization representing people with disabilities in the United States.

In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom.

Duke University Press Scholars of Color First Book Award recipient

Every day seems to bring news of legal challenges to existing marriage laws and the constitutionality of any form of union for same-sex partners. In this timely and accessible book, Michael Mello argues that the public debates and political battles that have divided Vermont and Massachusetts will be repeated across the country as state after state confronts the issue of legalizing gay marriage.Michael Mello examines recent landmark decisions in state and federal high courts granting civil rights protections to homosexuals. In Vermont, the Supreme Court's recommendation that legislators recognize the "common humanity" that links all individuals irrespective of sexual identity and consider the question of same-sex marriage resulted in the first state legislation to establish civil union. In Massachusetts, the court's ruling that gay marriage is a right protected by the state constitution has plunged the legislature into a contentious debate about a constitutional amendment. In both states, as in California and New York, public discussion of equal civil protections for gays and lesbians soon become mired in contending views of morality, religion, social mores, and the sanctity of heterosexual marriage.Mello regards the widespread and virulent opposition to any form of same-sex unions as proof that in Vermont, as elsewhere, homosexuals are indeed a "despised minority" in need of the law's protection. Thus, civil union laws represent only a partial victory because they create a separate and inherently unequal category of relationships for gay people. Mello's analysis of the issues provides an invaluable guide to the battles being waged in state legislatures and by politicians at the national level.

This book is a case study that shows how interest groups use the litigation process to further their policy agendas. The case detailed here revolves around issues of reproductive health. It is a good illustration of the commonly held view among judicial scholars that the judicial process is essentially the same as the political process, that in both cases there is room for influence from a variety of sources.

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution.

Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution.

No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

Listen to a short interview with Risa GoluboffHost: Chris Gondek | Producer: Heron & Crane

In this groundbreaking book, Risa L. Goluboff offers a provocative new account of the history of American civil rights law. The Supreme Court's decision in Brown v. Board of Education has long dominated that history. Since 1954, generations of judges, lawyers, and ordinary people have viewed civil rights as a project of breaking down formal legal barriers to integration, especially in the context of public education. Goluboff recovers a world before Brown, a world in which civil rights was legally, conceptually, and constitutionally up for grabs. Then, the petitions of black agricultural workers in the American South and industrial workers across the nation called for a civil rights law that would redress economic as well as legal inequalities. Lawyers in the new Civil Rights Section of the Department of Justice and in the NAACP took the workers' cases and viewed them as crucial to attacking Jim Crow. By the time NAACP lawyers set out on the path to Brown, however, they had eliminated workers' economic concerns from their litigation agenda. When the lawyers succeeded in Brown, they simultaneously marginalized the host of other harms--economic inequality chief among them--that afflicted the majority of African Americans during the mid-twentieth century. By uncovering the lost challenges workers and their lawyers launched against Jim Crow in the 1940s, Goluboff shows how Brown only partially fulfilled the promise of civil rights.