front cover of Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights
Margaret A. Nash
Rutgers University Press, 2022
Mad River, Marjorie Rowland, and the Quest for LGBTQ Teachers’ Rights addresses an important legal case that set the stage for today’s LGBTQ civil rights–a case that almost no one has heard of. Marjorie Rowland v. Mad River School District involves an Ohio guidance counselor fired in 1974 for being bisexual. Rowland’s case made it to the U.S. Supreme Court, but the justices declined to consider it. In a spectacular published dissent, Justice Brennan laid out arguments for why the First and Fourteenth Amendments apply to bisexuals, gays, and lesbians. That dissent has been the foundation for LGBTQ civil rights advances since.
 
In the first in-depth treatment of this foundational legal case, authors Margaret A. Nash and Karen L. Graves tell the story of that case and of Marjorie Rowland, the pioneer who fought for employment rights for LGBTQ educators and who paid a heavy price for that fight. It brings the story of LGBTQ educators’ rights to the present, including commentary on Bostock v Clayton County, the 2020 Supreme Court case that struck down employment discrimination against LGBT workers.
 
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MAKING MIDWIVES LEGAL
CHILDBIRTH, MEDICINE, AND THE LAW -- SEC
RAYMOND DEVRIES
The Ohio State University Press, 1996

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Marriage and Divorce in the Jewish State
Israel's Civil War
Susan M. Weiss and Netty C. Gross-Horowitz
Brandeis University Press, 2012
Israel currently has two recognized systems of law operating side by side: civil and religious. Israeli religious courts possess the exclusive right to conduct and terminate marriages. There is no civil marriage or divorce in Israel, irrespective of one’s religious inclinations. All Muslims must marry and divorce in accordance with shariya laws, all Catholics in accordance with canon law, and all Jews in accordance with Torah law (halakha). The interpretation and implementation of Torah law is in the hands of the Orthodox religious establishment, the only stream of Judaism that enjoys legal recognition in Israel. The rabbinic courts strenuously oppose any changes to this so-called status quo arrangement between religious and secular authorities. In fact, religious courts in Israel are currently pressing for expanded jurisdiction beyond personal status, stressing their importance to Israel’s growing religious community. This book shows how religious courts, based on centuries-old patriarchal law, undermine the full civil and human rights of Jewish women in Israel. Making a broad argument for civil marriage and divorce in Israel, the authors also emphasize that religious marriages and divorces, when they do occur, must benefit from legislation that makes divorce easier to obtain. Making this issue their focal point, they speak to a larger question: Is Israel a democracy or a theocracy?
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Married Women’s Separate Property in England, 1660–1833
Susan Staves
Harvard University Press, 1990

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.

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Mastering the Law
Slavery and Freedom in the Legal Ecology of the Spanish Empire
Ricardo Raúl Salazar Rey
University of Alabama Press, 2020
Explores the legal relationships of enslaved people and their descendants during the sixteenth and seventeenth centuries in Spanish America
 
Atlantic slavery can be overwhelming in its immensity and brutality, as it involved more than 15 million souls forcibly displaced by European imperialism and consumed in building the global economy. Mastering the Law: Slavery and Freedom in the Legal Ecology of the Spanish Empire lays out the deep history of Iberian slavery, explores its role in the Spanish Indies, and shows how Africans and their descendants used and shaped the legal system as they established their place in Iberoamerican society during the seventeenth century.
 
Ricardo Raúl Salazar Rey places the institution of slavery and the people involved with it at the center of the creation story of Latin America. Iberoamerican customs and laws and the institutions that enforced them provided a common language and a forum to resolve disputes for Spanish subjects, including enslaved and freedpeople. The rules through which Iberian conquerors, settlers, and administrators incorporated Africans into the expanding Empire were developed out of the need of a distant crown to find an enforceable consensus. Africans and their mestizo descendants, in turn, used and therefore molded Spanish institutions to serve their interests.Salazar Rey mined extensively the archives of secular and religious courts, which are full of complex disputes, unexpected subversions, and tactical alliances among enslaved people, freedpeople, and the crown.
 
The narrative unfolds around vignettes that show Afroiberians building their lives while facing exploitation and inequality enforced through violence. Salazar Rey deals mostly with cases originating from Cartagena de Indias, a major Atlantic port city that supported the conquest and rule of the Indies. His work recovers the voices and indomitable ingenuity that enslaved people and their descendants displayed when engaging with the Spanish legal ecology. The social relationships animating the case studies represent the broader African experience in the Americas during the sixteenth and seventeenth centuries.
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Mexican Americans and the Law
¡El pueblo unido jamás será vencido!
Reynaldo Anaya Valencia, Sonia R. García, Henry Flores, and José Roberto Juárez Jr.
University of Arizona Press, 2004
The experience of Mexican Americans in the United States has been marked by oppression at the hands of the legal system—but it has also benefited from successful appeals to the same system. Mexican Americans and the Law illustrates how Mexican Americans have played crucial roles in mounting legal challenges regarding issues that directly affect their political, educational, and socioeconomic status.

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.

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Mexico's Indigenous Communities
Their Lands and Histories, 1500-2010
Ethelia Ruiz Medrano
University Press of Colorado, 2010
A rich and detailed account of indigenous history in central and southern Mexico from the sixteenth to the twenty-first centuries, Mexico's Indigenous Communities is an expansive work that destroys the notion that Indians were victims of forces beyond their control and today have little connection with their ancient past. Indian communities continue to remember and tell their own local histories, recovering and rewriting versions of their past in light of their lived present.

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

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Minding Justice
Laws That Deprive People with Mental Disability of Life and Liberty
Christopher Slobogin
Harvard University Press, 2006

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.

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A Ministry of Presence
Chaplaincy, Spiritual Care, and the Law
Winnifred Fallers Sullivan
University of Chicago Press, 2014
Most people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs.

In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
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Minorities and Law in Czechoslovakia
Jan Kuklík and René Petráš
Karolinum Press, 2017
Across the whole of modern Czech history—from 1918, through World War II, and into the postwar years—ethnic and minority issues have been of the utmost prominence. Moreover, Czechoslovakia has in the past been held up as a model for solving problems related to ethnic and minority tensions through legal regulations—regulations that played a key role in delineating minority status. Primarily intended for an international, non-Czech audience, this book takes a long-term perspective on issues related to ethnic and language minorities in Czechoslovakia. Bridging legal and historical disciplines, Jan Kuklík and René Petráš show that as ethnic minority issues once again come to the forefront of policy debates in Europe and beyond, a detailed knowledge of earlier Czech difficulties and solutions may help us to understand and remedy contemporary problems.
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The Minority Rights Revolution
John D. Skrentny
Harvard University Press, 2002

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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More Than Victims
Battered Women, the Syndrome Society, and the Law
Donald Alexander Downs
University of Chicago Press, 1996
In More Than Victims, Donald Downs offers a sympathetic and powerful analysis of the problems attending the use of battered-woman syndrome as a legal defense, ultimately revealing how the syndrome's logic actually harms those it is trying to protect. A persuasive account of how constitutional freedom and individual justice can be threatened by current legal standards, this thorough yet accessible work presents a dramatic rethinking of the criminal justice system.

"More Than Victims is a powerful step in the right direction. Women as well as men need to be protected from violence, and women, in particular, require better understanding of their sometimes oppressive situations. But they also need to be able to participate fully in the discourse of politics and citizenship. Downs offers a solution that helps to make both possible."—Teresa Godwin Phelps, Review of Politics

"Downs has written an important book on a subject that deserves more of our attention."— Susan Mezey, Law and Politics Book Review

"Comprehensive and compelling. [Downs] demonstrates a masterful grasp of the complex legal and philosophical issues implicated in domestic violence cases."—Annette DeMichele, New York Law Journal
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Multiple InJustices
Indigenous Women, Law, and Political Struggle in Latin America
R. Aída Hernández Castillo
University of Arizona Press, 2016
The last two decades have witnessed two political transformations that have deeply affected the lives of the indigenous peoples of Latin America. First, a discourse on indigeneity has emerged that links local struggles across the continent with transnational movements whose core issues are racism and political and cultural rights. Second, recent constitutional reforms in several countries recognize the multicultural character of Latin American countries and the legal pluralism that necessarily follows.

Multiple InJustices synthesizes R. Aída Hernández Castillo’s twenty-four years of activism and research among indigenous women’s organizations in Latin America. As both feminist and critical anthropologist, Hernández Castillo analyzes the context of legal pluralism wherein the indigenous women of Mexico, Guatemala, and Colombia struggle for justice. Through ethnographical research in community, state, and international justice, she reflects on the possibilities and limitations of customary, national, and international law for indigenous women.

Colonialism, racism, and patriarchal violence have been fundamental elements for the reproduction of capitalism, Hernández Castillo asserts. Only a social policy that offers economic alternatives based on distribution of wealth and a real recognition of cultural and political rights of indigenous peoples can counter the damage of outside forces such as drug cartels on indigenous lands.

She concludes that the theories of indigenous women on culture, tradition, and gender equity—as expressed in political documents, event reports, public discourse, and their intellectual writings—are key factors in the decolonization of Latin American feminisms and social justice for all.
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The Murder of Joe White
Ojibwe Leadership and Colonialism in Wisconsin
Erik M. Redix
Michigan State University Press, 2014
In 1894 Wisconsin game wardens Horace Martin and Josiah Hicks were dispatched to arrest Joe White, an Ojibwe ogimaa (chief), for hunting deer out of season and off-reservation. Martin and Hicks found White and made an effort to arrest him. When White showed reluctance to go with the wardens, they started beating him; he attempted to flee, and the wardens shot him in the back, fatally wounding him. Both Martin and Hicks were charged with manslaughter in local county court, and they were tried by an all-white jury. A gripping historical study, The Murder of Joe White contextualizes this event within decades of struggle of White’s community at Rice Lake to resist removal to the Lac Courte Oreilles Reservation, created in 1854 at the Treaty of La Pointe. While many studies portray American colonialism as defined by federal policy, The Murder of Joe White seeks a much broader understanding of colonialism, including the complex role of state and local governments as well as corporations. All of these facets of American colonialism shaped the events that led to the death of Joe White and the struggle of the Ojibwe to resist removal to the reservation.
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