Susan Staves’s venture in feminist critical legal history is a comprehensive account of the changing laws governing married women’s property and a critical analysis of those laws and the ideology behind them. Staves offers an argument differing sharply from conventional appraisals of rule change as “progress.” She shows that, although there was a brief period in the mid-eighteenth century when contract law was applied to women’s rights to own and dispose of property, the results were socially intolerable, and the courts soon retreated to the older patriarchal structures that deprived married women of full ownership of property.
These patriarchal structures had always functioned to facilitate the transmission of significant property from male to male. Entitlements of women were designed to provide them with subsistence for themselves and minor children dependent upon them and to prevent their becoming an expense to the community. In examining several species of married women’s property—dower, jointure, pin money, and separate maintenance allowances—Staves shows that, despite the supposed importance of the of precedent in the legal system, judges had considerable room to maneuver and acted on their own ideological biases.
This story is packed with human interest and illustrative anecdote. Staves uses vivid examples from literature of the times, including plays such as Vanbrugh’s Relapse, Congreve’s Way of the World, and Sheridan’s School for Scandal, and novels like Tom Jones and Pride and Prejudice. Her book will interest a diverse audience of historians, legal scholars, students of eighteenth-century culture and literature, and general readers concerned with women’s issues.
Each chapter highlights historical contexts, relevant laws, and policy concerns for a specific issue and features abridged versions of significant state and federal cases involving Mexican Americans. Beginning with People v. Zammora (1940), the trial that was a precursor to the Zoot Suit Riots in Los Angeles during World War II, the authors lead students through some of the most important and precedent-setting cases in American law:
- Educational equality: from segregation concerns in Méndez v. Westminster (1946) to unequal funding in San Antonio Independent School District vs. Rodríguez (1973)
- Gender issues: reproductive rights in Madrigal v. Quilligan (1981), workplace discrimination in EEOC v. Hacienda Hotel (1989), sexual violence in Aguirre-Cervantes v. INS (2001)
- Language rights: Ýñiguez v. Arizonans for Official English (1995), García v. Gloor (1980), Serna v. Portales Municipal Schools (1974)
- Immigration-: search and seizure questions in U.S. v. Brignoni-Ponce (1975) and U.S. v. Martínez-Fuerte (1976); public benefits issues in Plyler v. Doe (1982) and League of United Latin American Citizens v. Wilson (1997)
- Voting rights: redistricting in White v. Regester (1973) and Bush v. Vera (1996)
- Affirmative action: Hopwood v. State of Texas (1996) and Coalition for Economic Equity v. Wilson (1997)
- Criminal justice issues: equal protection in Hernández v. Texas (1954); jury service in Hernández v. New York (1991); self incrimination in Miranda v. Arizona (1966); access to legal counsel in Escobedo v. Illinois (1964)
With coverage as timely as the 2003 Supreme Court decision on affirmative action, Mexican Americans and the Law offers invaluable insight into legal issues that have impacted Mexican Americans, other Latinos, other racial minorities, and all Americans. Discussion questions, suggested readings, and Internet sources help students better comprehend the intricacies of law.
Ethelia Ruiz Medrano focuses on a series of individual cases, falling within successive historical epochs, that illustrate how the practice of drawing up and preserving historical documents-in particular, maps, oral accounts, and painted manuscripts-has been a determining factor in the history of Mexico's Indian communities for a variety of purposes, including the significant issue of land and its rightful ownership. Since the sixteenth century, numerous Indian pueblos have presented colonial and national courts with historical evidence that defends their landholdings.
Because of its sweeping scope, groundbreaking research, and the author's intimate knowledge of specific communities, Mexico's Indigenous Communities is a unique and exceptional contribution to Mexican history. It will appeal to students and specialists of history, indigenous studies, ethnohistory, and anthropology of Latin America and Mexico
Minding Justice offers a comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities. Using famous cases such as those of John Hinckley, Andrea Yates, and Theodore Kaczynski, the book analyzes the insanity defense and related doctrines, the role of mental disability in sentencing, the laws that authorize commitment of "sexual predators" and others thought to be a threat to society, and the rules that restrict participation of mentally compromised individuals in the criminal and treatment decision-making processes.
Arguing that current legal doctrines are based on flawed premises and ignorance of the impairments caused by mental disability, Christopher Slobogin makes a case for revamping the insanity defense, abolishing the "guilty but mentally ill" verdict, prohibiting execution of people with mental disability, restructuring preventive detention, and redefining incompetency. A milestone in criminal mental health law, Minding Justice provides innovative solutions to ancient problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
In the wake of the black civil rights movement, other disadvantaged groups of Americans began to make headway—Latinos, women, Asian Americans, and the disabled found themselves the beneficiaries of new laws and policies—and by the early 1970s a minority rights revolution was well underway. In the first book to take a broad perspective on this wide-ranging and far-reaching phenomenon, John D. Skrentny exposes the connections between the diverse actions and circumstances that contributed to this revolution—and that forever changed the face of American politics.
Though protest and lobbying played a role in bringing about new laws and regulations—touching everything from wheelchair access to women’s athletics to bilingual education—what Skrentny describes was not primarily a bottom-up story of radical confrontation. Rather, elites often led the way, and some of the most prominent advocates for expanding civil rights were the conservative Republicans who later emerged as these policies’ most vociferous opponents. This book traces the minority rights revolution back to its roots not only in the black civil rights movement but in the aftermath of World War II, in which a world consensus on equal rights emerged from the Allies’ triumph over the oppressive regimes of Nazi Germany and Imperial Japan, and then the Soviet Union. It also contrasts failed minority rights development for white ethnics and gays/lesbians with groups the government successfully categorized with African Americans. Investigating these links, Skrentny is able to present the world as America’s leaders saw it; and so, to show how and why familiar figures—such as Lyndon Johnson, Richard Nixon, and, remarkably enough, conservatives like Senator Barry Goldwater and Robert Bork—created and advanced policies that have made the country more egalitarian but left it perhaps as divided as ever.
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