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Race and Police
The Origin of Our Peculiar Institutions
Ben Brucato
Rutgers University Press, 2024
In the United States, race and police were founded along with a capitalist economy dependent on the enslavement of workers of African descent. Race and Police builds a critical theory of American policing by analyzing a heterodox history of policing, drawn from the historiography of slavery and slave patrols. Beginning by tracing the historical origins of the police mandate in British colonial America, the book shows that the peculiar institution of racialized chattel slavery originated along with a novel, binary conception of race. On one side, for the first time Europeans from various nationalities were united in a single racial category. Inclusion in this category was necessary for citizenship. On the other, Blacks were branded as slaves, cast as social enemies, and assumed to be threats to the social order. The state determined not only that it would administer slavery, but that it would regulate slaves, authorizing the use of violence by agents of the state and white citizens to secure the social order. In doing so, slavery, citizenship, and police mutually informed one another, and together they produced racial capitalism, a working class defined and separated by the color line, and a racial social order.
 
Race and Police corrects the Eurocentrism in the orthodox history of American police and in predominating critical theories of police. That orthodoxy rests on an origin story that begins with Sir Robert Peel and the London Metropolitan Police Service. Predating the Met by more than a century, America’s first police, often called slave patrols, did more than maintain order—it fabricated a racial order. Prior to their creation, all white citizens were conscripted to police all Blacks. Their participation in the coercive control of Blacks gave definition to their whiteness. Targeted as threats to the security of the economy and white society, being policed defined Blacks who, for the first time, were treated as a single racial group. The boundaries of whiteness were first established on the basis of who was required to regulate slaves, given a specific mandate to prevent Black insurrection, a mandate that remains core to the police role to this day.
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Race, Rights, and the Asian American Experience
Ancheta, Angelo N
Rutgers University Press, 2006
In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants.

Ancheta examines legal and social theories of racial discrimination, ethnic differences in the Asian American population, nativism, citizenship, language, school desegregation, and affirmative action. In the revised edition of this influential book, Ancheta also covers post-9/11 anti-Asian sentiment and racial profiling. He analyzes recent legal cases involving political empowerment, language rights, human trafficking, immigrant rights, and affirmative action in higher education-many of which move the country farther away from the ideals of racial justice. On a more positive note, he reports on the progress Asian Americans have made in the corporate sector, politics, the military, entertainment, and academia.

A skillful mixture of legal theories, court cases, historical events, and personal insights, this revised edition brings fresh insights to U.S. civil rights from an Asian American perspective.
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Race, Rights, and the Asian American Experience
Ancheta, Angelo N
Rutgers University Press, 1997

In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants.        

Ancheta examines legal and social theories of racial discrimination, ethnic differences in the Asian American population, nativism, citizenship, language, school desegregation, and affirmative action. In the second edition of this influential book, Ancheta also covers post–9/11 anti-Asian sentiment and racial profiling.  He analyzes recent legal cases involving political empowerment, language rights, human trafficking, immigrant rights, and affirmative action in higher education—many of which move the country farther away from the ideals of racial justice.  On a more positive note, he reports on the progress Asian Americans have made in the corporate sector, politics, the military, entertainment, and academia.

A skillful mixture of legal theories, court cases, historical events, and personal insights, this second edition brings fresh insights to U.S. civil rights from an Asian American perspective.
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Raced to Death in 1920s Hawai i
Injustice and Revenge in the Fukunaga Case
Jonathan Y. Okamura
University of Illinois Press, 2019
On September 18, 1928, Myles Yutaka Fukunaga kidnapped and brutally murdered ten-year-old George Gill Jamieson in Waikîkî. Fukunaga, a nineteen-year-old nisei, or second-generation Japanese American, confessed to the crime. Within three weeks, authorities had convicted him and sentenced him to hang, despite questions about Fukunaga's sanity and a deeply flawed defense by his court-appointed attorneys. Jonathan Y. Okamura argues that officials "raced" Fukunaga to death—first viewing the accused only as Japanese despite the law supposedly being colorblind, and then hurrying to satisfy the Haole (white) community's demand for revenge. Okamura sets the case against an analysis of the racial hierarchy that undergirded Hawai‘ian society, which was dominated by Haoles who saw themselves most threatened by the islands' sizable Japanese American community. The Fukunaga case and others like it in the 1920s reinforced Haole supremacy and maintained the racial boundary that separated Haoles from non-Haoles, particularly through racial injustice. As Okamura challenges the representation of Hawai i as a racial paradise, he reveals the ways Haoles usurped the criminal justice system and reevaluates the tense history of anti-Japanese racism in Hawai i.
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Racism on Trial
The Chicano Fight for Justice
Ian F. Haney López
Harvard University Press, 2004

In 1968, ten thousand students marched in protest over the terrible conditions prevalent in the high schools of East Los Angeles, the largest Mexican community in the United States. Chanting "Chicano Power," the young insurgents not only demanded change but heralded a new racial politics. Frustrated with the previous generation's efforts to win equal treatment by portraying themselves as racially white, the Chicano protesters demanded justice as proud members of a brown race. The legacy of this fundamental shift continues to this day.

Ian Haney López tells the compelling story of the Chicano movement in Los Angeles by following two criminal trials, including one arising from the student walkouts. He demonstrates how racial prejudice led to police brutality and judicial discrimination that in turn spurred Chicano militancy. He also shows that legal violence helped to convince Chicano activists that they were nonwhite, thereby encouraging their use of racial ideas to redefine their aspirations, culture, and selves. In a groundbreaking advance that further connects legal racism and racial politics, Haney López describes how race functions as "common sense," a set of ideas that we take for granted in our daily lives. This racial common sense, Haney López argues, largely explains why racism and racial affiliation persist today.

By tracing the fluid position of Mexican Americans on the divide between white and nonwhite, describing the role of legal violence in producing racial identities, and detailing the commonsense nature of race, Haney López offers a much needed, potentially liberating way to rethink race in the United States.

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Rascuache Lawyer
Toward a Theory of Ordinary Litigation
Alfredo Mirandé
University of Arizona Press, 2011
Alfredo Mirandé, a sociology professor, Stanford Law graduate, and part-time pro bono attorney, represents clients who are rascuache—a Spanish word for “poor” or even “wretched”—and on the margins of society. For Mirandé, however, rascuache means to be “down but not out,” an underdog who is still holding its ground. Rascuache Lawyer offers a unique perspective on providing legal services to poor, usually minority, folks who are often just one short step from jail. Not only a passionate argument for rascuache lawyering, it is also a thoughtful, practical attempt to apply and test critical race theory—particularly Latino critical race theory—in day-to-day legal practice.

Every chapter presents an actual case from Mirandé’s experience (only the names and places have been changed). His clients have been charged with everything from carrying a concealed weapon, indecent exposure, and trespassing to attempted murder, domestic violence, and child abuse. Among them are recent Mexican immigrants, drug addicts, gang members, and the homeless. All of them are destitute, and many are victims of racial profiling. Some “pay” Mirandé with bartered services such as painting, home repairs, or mechanical work on his car. And Mirandé doesn’t always win their cases. But, as he recounts, he certainly works tirelessly to pursue all legal remedies.

Each case is presented as a letter to a fascinating (fictional) “Super Chicana” named Fermina Gabriel, who we are told is an accomplished lawyer, author, and singer. This narrative device allows the author to present his cases as if he were recounting them to a friend, drawing in the reader as a friend as well.

Bookending the individual cases, Mirandé’s introductions and conclusions offer a compelling vision of progressive legal practice grounded in rascuache lawyering.
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Readings In American Indian Law
Jo Carrillo
Temple University Press, 1998
This selection of works -- many by Native American scholars -- introduces selected topics in federal Indian law. Readings in American Indian Law covers contemporary issues of identity and tribal recognition; reparations for historic harms; the valuation of land in land claims; the return to tribal owners of human remains, sacred items, and cultural property; tribal governance and issues of gender, democracy informed by cultural awareness, and religious freedom.

Courses in federal Indian law are often aimed at understanding rules, not cultural conflicts. This book expands doctrinal discussions into understandings of culture, strategy, history, identity, and hopes for the future. Contributions from law, history, anthropology, ethnohistory, biography, sociology, socio-legal studies, and fiction offer an array of alternative paradigms as strong antidotes to our usual conceptions of federal Indian law.

Each selection reveals an aspect of how federal Indian law is made, interpreted, implemented, or experienced. Throughout, the book centers on the ever present and contentious issue of identity. At the point where identity and law intersect lies an important new way to contextualize the legal concerns of Native Americans.
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Reasoning from Race
Feminism, Law, and the Civil Rights Revolution
Serena Mayeri
Harvard University Press, 2011

Informed in 1944 that she was “not of the sex” entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called “Jane Crow.” In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women’s rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri’s Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy.

Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race—and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists’ agenda.

Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decision makers who heard—or chose not to hear—their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law.

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Rebels in Law
Voices in History of Black Women Lawyers
J. Clay Smith, Jr., Editor
University of Michigan Press, 2000
Black women lawyers are not new to the practice of law or to leadership in the fight for justice and quality. Black women formally entered the practice of American law in 1872, the year that Charlotte E. Ray became the first black woman to graduate from an American law school. Rebels in Lawintroduces some of these women and through their own writing tells a compelling story about the little-known involvement of black women in law and politics. Beginning with a short essay written in 1897, the writing collected by J. Clay Smith, Jr., tells us how black women came to the practice of law, the challenges they faced as women and as blacks in making a place for themselves in the legal profession, their fight to become legal educators, and their efforts to encourage other black women and black men to come to the practice of law.
The essays demonstrate the involvement of black women lawyers in important public issues of our time and show them addressing the sensitive subjects of race, equality, justice and freedom. Drawing together many writings that have never been published or have been published in obscure journals or newspapers, Rebels in Law is a groundbreaking study. In addition, it offers historical background information on each writer and on the history of black women lawyers. Providing an opportunity to study the origins of black women as professionals, community leaders, wives, mothers, and feminists, it will be of interest to scholars in the fields of law, history, political science, sociology, black studies and women's studies.
J. Clay Smith, Jr., is Professor of Law, Howard University Law School. He was formerly a member of the United States Equal Employment Opportunity Commission, Dean of Howard University Law School, and President of the Washington Bar Association. He is the author of Emancipation: The Making of the Black Lawyer, 1844-1944 and numerous articles.
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Rebuilding Native Nations
Strategies for Governance and Development
Edited by Miriam Jorgensen; Foreword by Oren Lyons; Afterword by Satsan (Herb George)
University of Arizona Press, 2007
A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From the High Plains states and Prairie Provinces to the southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs.

Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs.

Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource.

CONTENTS
Foreword by Oren Lyons
Editor's Introduction


Part 1
Starting Points

1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't
Stephen Cornell and Joseph P. Kalt
2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations?
Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt

Part 2
Rebuilding the Foundations

3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions
Stephen Cornell
4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation
Joseph P. Kalt
5 . Native Nation Courts: Key Players in Nation Rebuilding
Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen
6. Getting Things Done for the Nation: The Challenge of Tribal Administration
Stephen Cornell and Miriam Jorgensen

Part 3
Reconceiving Key Functions

7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises
Kenneth Grant and Jonathan Taylor
8. Citizen Entrepreneurship: An Underutilized Development Resource
Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche
9. Governmental Services and Programs: Meeting Citizens' Needs
Alyce S. Adams, Andrew J. Lee, and Michael Lipsky
10. Intergovernmental Relationships: Expressions of Tribal Sovereignty
Sarah L. Hicks

Part 4
Making It Happen

11. Rebuilding Native Nations: What Do Leaders Do?
Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor
12. Seizing the Future: Why Some Native Nations Do and Others Don't
Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras

Afterword by Satsan (Herb George)
References
About the Contributors
Index
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Recognition Odysseys
Indigeneity, Race, and Federal Tribal Recognition Policy in Three Louisiana Indian Communities
Brian Klopotek
Duke University Press, 2011
In Recognition Odysseys, Brian Klopotek explores the complicated relationship between federal tribal recognition policy and American Indian racial and tribal identities. He does so by comparing the experiences of three central Louisiana tribes that have petitioned for federal acknowledgment: the Tunica-Biloxi Tribe (recognized in 1981), the Jena Band of Choctaws (recognized in 1995), and the Clifton-Choctaws (currently seeking recognition). Though recognition has acquired a transformational aura, seemingly able to lift tribes from poverty and cultural decay to wealth and revitalization, these three cases reveal a more complex reality.

Klopotek describes the varied effects of the recognition process on the social and political structures, community cohesion, cultural revitalization projects, identity, and economic health of each tribe. He emphasizes that recognition policy is not the only racial project affecting Louisiana tribes. For the Tunica-Biloxis, the Jena Band of Choctaws, and the Clifton-Choctaws, discourses around blackness and whiteness have shaped the boundaries of Indian identity in ways that have only begun to be explored. Klopotek urges scholars and officials from the Bureau of Indian Affairs (BIA) to acknowledge the multiple discourses and viewpoints influencing tribal identities. At the same time, he puts tribal recognition in broader perspective. Indigenous struggles began long before the BIA existed, and they will continue long after it renders any particular recognition decision.

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Reconsidering Roosevelt on Race
How the Presidency Paved the Road to Brown
Kevin J. McMahon
University of Chicago Press, 2003
Many have questioned FDR's record on race, suggesting that he had the opportunity but not the will to advance the civil rights of African Americans. Kevin J. McMahon challenges this view, arguing instead that Roosevelt's administration played a crucial role in the Supreme Court's increasing commitment to racial equality—which culminated in its landmark decision in Brown v. Board of Education.

McMahon shows how FDR's attempt to strengthen the presidency and undermine the power of conservative Southern Democrats dovetailed with his efforts to seek racial equality through the federal courts. By appointing a majority of rights-based liberals deferential to presidential power, Roosevelt ensured that the Supreme Court would be receptive to civil rights claims, especially when those claims had the support of the executive branch.
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Recovering Subversion
Feminist Politics beyond the Law
Nivedita Menon
University of Illinois Press, 2004

Is the language of rights enough to foster real social and political change? Nivedita Menon explores the relationship between law and feminist politics by examining the contemporary Indian women's movement with comparisons to France and the United States. She argues that the intersection of feminist politics, law, and the state often paradoxically and severely distorts important ethical and emancipatory impulses of feminism.

Menon reviews historical challenges to the liberal notion of rights from Marxist, feminist, postcolonial, and critical legal scholars, and analyzes current Indian debates on topics including abortion, sexual violence, and Parliamentary quotas for women. Far from being a call to withdraw from the arena of law, Recovering Subversion instead urges feminists everywhere to recognize the limits of "rights discourse" and pleads for a politics that goes beyond its boundaries.

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Red Eagle's Children
Weatherford vs. Weatherford et al.
Edited by J. Anthony Paredes and Judith Knight
University of Alabama Press, 2012

Red Eagle’s Children presents the legal proceedings in an inheritance dispute that serves as an unexpected window on the intersection of two cultural and legal systems: Creek Indian and Euro-American.

Case 1299: Weatherford vs. Weatherford et al. appeared in the Chancery Court of Mobile in 1846 when William “Red Eagle” Weatherford’s son by the Indian woman Supalamy sued his half siblings fathered by Weatherford with two other Creek women, Polly Moniac and Mary Stiggins, for a greater share of Weatherford’s estate. While the court recognized William Jr. as the son of William Sr., he nevertheless lost his petition for inheritance due to the lack of legal evidence concerning the marriage of his biological mother to William Sr. The case, which went to the Alabama Supreme Court in 1851, provides a record of an attempt to interrelate and, perhaps, manipulate differences in cultures as they played out within the ritualized, arcane world of antebellum Alabama jurisprudence.
 
Although the case has value in the classic mold of salvage ethnography of Creek Indian culture, Red Eagle’s Children, edited by J. Anthony Paredes and Judith Knight, shows that its more enduring value lies in being a source for historical ethnography—that is, for anthropological analyses of cultural dynamics of the past
events that complement the narratives of professional historians.
 
Contributors
David I. Durham / Robbie Ethridge / Judith
Knight / J. Anthony Paredes / Paul M. Pruitt
Jr. / Nina Gail Thrower / Robert Thrower /
Gregory A. Waselkov
 
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front cover of Redress for Historical Injustices in the United States
Redress for Historical Injustices in the United States
On Reparations for Slavery, Jim Crow, and Their Legacies
Michael T. Martin and Marilyn Yaquinto, eds.
Duke University Press, 2007
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation.

Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations.

Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement.

Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto

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Regulating Football
Commodification, Consumption and the Law
Steve Greenfield and Guy Osborn
Pluto Press, 2001

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Rehab on the Range
A History of Addiction and Incarceration in the American West
Holly M. Karibo
University of Texas Press, 2024

The first study of the Fort Worth Narcotic Farm, an institution that played a critical role in fusing the War on Drugs, mass incarceration, and public health in the American West.

In 1929, the United States government approved two ground-breaking and controversial drug addiction treatment programs. At a time when fears about a supposed rise in drug use reached a fevered pitch, the emergence of the nation’s first “narcotic farms” in Fort Worth, Texas, and Lexington, Kentucky, marked a watershed moment in the treatment of addiction. Rehab on the Range is the first in-depth history of the Fort Worth Narcotic Farm and its impacts on the American West. Throughout its operation from the 1930s to the 1970s, the institution was the only federally funded drug treatment center west of the Mississippi River. Designed to blend psychiatric treatment, physical rehabilitation, and vocational training, the Narcotic Farm, its proponents argued, would transform American treatment policies for the better. The reality was decidedly more complicated.

Holly M. Karibo tells the story of how this institution—once framed as revolutionary for addiction care—ultimately contributed to the turn towards incarceration as the solution to the nation’s drug problem. Blending an intellectual history of addiction and imprisonment with a social history of addicts’ experiences, Rehab on the Range provides a nuanced picture of the Narcotic Farm and its cultural impacts. In doing so, it offers crucial historical context that can help us better understand our current debates over addiction, drug policy, and the rise of mass incarceration.

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The Remarkable Rise of Transgender Rights
Jami K. Taylor, Daniel C. Lewis, and Donald P. Haider-Markel
University of Michigan Press, 2018

While medical identification and treatment of gender dysphoria have existed for decades, the development of transgender as a “collective political identity” is a recent construct. Over the past twenty-five years, the transgender movement has gained statutory nondiscrimination protections at the state and local levels, hate crimes protections in a number of states, inclusion in a federal law against hate crimes, legal victories in the courts, and increasingly favorable policies in bureaucracies at all levels. It has achieved these victories despite the relatively small number of trans people and despite the widespread discrimination, poverty, and violence experienced by many in the transgender community. This is a remarkable achievement in a political system where public policy often favors those with important resources that the transgender community lacks: access, money, and voters. The Remarkable Rise of Transgender Rights explains the growth of the transgender rights movement despite its marginalized status within the current political opportunity structure.

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Representing Women
Law, Literature, and Feminism
Susan Sage Heinzelman and Zipporah Batshaw Wiseman, eds.
Duke University Press, 1994
This anthology explores the provocative intersection between feminist, literary, and legal theories. Written by feminist thinkers from law and literature, discourses that each produce culturally powerful representations of women, these essays contest the boundaries that usually separate these disciplines and thereby alter the possibilities of those representations that have traditionally disempowered women.
Beginning with an exploration of the ways in which women are represented—how they either tell or have their stories told in literature, in the law, in a courtroom—this collection demonstrates the interrelatedness of the legal and the literary. Whether considering the status of medieval women readers or assessing the effectiveness and extent of contemporary rape law reform, the essays show that power first comes with telling one’s own story, and that the degree and effect of that power are determined by the cultural significance of the forum in which the story is presented. But telling the story is not enough. One must also be aware of how the story is contained within traditional constructs or boundaries and is thus limited in its effects, as Carol Sanger’s essay on mothers and legal/sexual identity makes clear. One must also recognize how a story might perpetuate an ideological agenda that is not in the best interests of the storyteller, as Elizabeth Butler Cullingford shows in her reading of Yeats’s "Leda and the Swan" and one must know the historical context of a story and of its telling, as Anne B. Goldstein’s essay on lesbian narratives discloses.
Breaking down the boundaries between law and literature, this anthology makes evident the ways in which the effect of women’s stories has been constrained and expands the range of possibilities for those who represent women, tell women’s stories, or present women’s issues. Representing Women makes the retelling of old stories about women compelling and the telling of new ones both necessary and possible.

Contributors. Kathryn Abrams, Linda Brodkey, Rita Copeland, Elizabeth Butler Cullingford, Margaret Anne Doody, Susan B. Estrich, Michelle Fine, Anne B. Goldstein, Angela P. Harris, Susan Sage Heinzelman, Christine L. Krueger, Martha Minow, Carol Sanger, Judy Scales-Trent

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The Republic Afloat
Law, Honor, and Citizenship in Maritime America
Matthew Taylor Raffety
University of Chicago Press, 2013
In the years before the Civil War, many Americans saw the sea as a world apart, an often violent and insular culture governed by its own definitions of honor and ruled by its own authorities. The truth, however, is that legal cases that originated at sea had a tendency to come ashore and force the national government to address questions about personal honor, dignity, the rights of labor, and the meaning and privileges of citizenship, often for the first time. By examining how and why merchant seamen and their officers came into contact with the law, Matthew Taylor Raffety exposes the complex relationship between brutal crimes committed at sea and the development of a legal consciousness within both the judiciary and among seafarers in this period.


The Republic Afloat tracks how seamen conceived of themselves as individuals and how they defined their place within the United States. Of interest to historians of labor, law, maritime culture, and national identity in the early republic, Raffety’s work reveals much about the ways that merchant seamen sought to articulate the ideals of freedom and citizenship before the courts of the land—and how they helped to shape the laws of the young republic.

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The Rescue of Joshua Glover
A Fugitive Slave, the Constitution, and the Coming of the Civil War
H. Robert Baker
Ohio University Press, 2006

On March 11, 1854, the people of Wisconsin prevented agents of the federal government from carrying away the fugitive slave, Joshua Glover. Assembling in mass outside the Milwaukee courthouse, they demanded that the federal officers respect his civil liberties as they would those of any other citizen of the state. When the officers refused, the crowd took matters into its own hands and rescued Joshua Glover. The federal government brought his rescuers to trial, but the Wisconsin Supreme Court intervened and took the bold step of ruling the Fugitive Slave Act unconstitutional.

The Rescue of Joshua Glover delves into the courtroom trials, political battles, and cultural equivocation precipitated by Joshua Glover’s brief, but enormously important, appearance in Wisconsin on the eve of the Civil War.

H. Robert Baker articulates the many ways in which this case evoked powerful emotions in antebellum America, just as the stage adaptation of Uncle Tom’s Cabin was touring the country and stirring antislavery sentiments. Terribly conflicted about race, Americans struggled mightily with a revolutionary heritage that sanctified liberty but also brooked compromise with slavery. Nevertheless, as The Rescue of Joshua Glover demonstrates, they maintained the principle that the people themselves were the last defenders of constitutional liberty, even as Glover’s rescue raised troubling questions about citizenship and the place of free blacks in America.

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Reserved Water Rights Settlement Manual
Peter W. Sly; Western Office of Council of State Governments Western LegislativeConference
Island Press, 1989
Reserved Water Rights Settlement Manual provides a negotiating process for settling water disputes between states and reservations, or among states themselves.
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Riding Jane Crow
African American Women on the American Railroad
Miriam Thaggert
University of Illinois Press, 2022
Miriam Thaggert illuminates the stories of African American women as passengers and as workers on the nineteenth- and early-twentieth-century railroad. As Jim Crow laws became more prevalent and forced Black Americans to "ride Jim Crow" on the rails, the train compartment became a contested space of leisure and work. Riding Jane Crow examines four instances of Black female railroad travel: the travel narratives of Black female intellectuals such as Anna Julia Cooper and Mary Church Terrell; Black middle-class women who sued to ride in first class "ladies’ cars"; Black women railroad food vendors; and Black maids on Pullman trains. Thaggert argues that the railroad represented a technological advancement that was entwined with African American attempts to secure social progress. Black women's experiences on or near the railroad illustrate how American technological progress has often meant their ejection or displacement; thus, it is the Black woman who most fully measures the success of American freedom and privilege, or "progress," through her travel experiences.
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The Right Kind of Suffering
Gender, Sexuality, and Arab Asylum Seekers in America
Rhoda Kanaaneh
University of Texas Press, 2023

From the overloaded courts with their constantly changing dates and appointments to the need to prove oneself the “right” kind of victim, the asylum system in the United States is an exacting and drawn-out immigration process that itself results in suffering. When anthropologist Rhoda Kanaaneh became a volunteer interpreter for Arab asylum seekers, she learned how applicants were pushed to craft specific narratives to satisfy the system’s requirements.

Kanaaneh tells the stories of four Arab asylum seekers who sought protection in the United States on the basis of their gender or sexuality: Saud, who relived painful memories of her circumcision and police harassment in Sudan and then learned to number and sequence these recollections; Fatima, who visited doctors and therapists in order to document years of spousal abuse without over-emphasizing her resulting mental illness; Fadi, who highlighted the homophobic motivations that provoked his arrest and torture in Jordan, all the while sidelining connected issues of class and racism; and Marwa, who showcased her private hardships as a lesbian in a Shiite family in Lebanon and downplayed her environmental activism. The Right Kind of Suffering is a compelling portrait of Arab asylum seekers whose success stories stand in contrast with those whom the system failed.

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Rights of Inclusion
Law and Identity in the Life Stories of Americans with Disabilities
David M. Engel and Frank W. Munger
University of Chicago Press, 2003
Rights of Inclusion provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights-one that focuses on their role in everyday lives rather than in formal legal claims.

Although all sixty interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations, and altered the perceptions and assumptions of their employers and coworkers-in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA.
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The Rights of Youth
American Colleges and Student Revolt, 1798–1815
Steven J. Novak
Harvard University Press, 1977

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Roots of Disorder
Race and Criminal Justice in the American South, 1817-80
Christopher Waldrep
University of Illinois Press, 1998
Every white southerner understoodwhat keeping African Americans "down" meant and what it did not mean. It did not mean going to court; it did not mean relying on the law. It meant vigilante violence and lynching. Looking at Vicksburg, Mississippi,Roots of Disorder traces the origins of these terrible attitudes to the day-to-day operations of local courts. In Vicksburg, white exploitation of black labor through slavery evolved into efforts to use the law todefine blacks' place in society, setting the stage for widespread tolerance of brutal vigilantism. Fed by racism and economics, whites' violence grew in a hothouse of more general hostility toward law and courts. Roots of Disorder shows how the criminal justice system itself plays a role in shaping the attitudes that encourage vigilantism.

"Delivers what no other study has yet attempted. . . . Waldrep's book is one of the first systematically to use local trial data to explore questions of society and culture." -- Vernon Burton, author of "A Gentleman and an Officer": A Social and Military History of James B. Griffin's Civil War
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Russian Citizenship
From Empire to Soviet Union
Eric Lohr
Harvard University Press, 2012

Russian Citizenship is the first book to trace the Russian state’s citizenship policy throughout its history. Focusing on the period from the mid-nineteenth century to the consolidation of Stalin’s power in the 1930s, Eric Lohr considers whom the state counted among its citizens and whom it took pains to exclude. His research reveals that the Russian attitude toward citizenship was less xenophobic and isolationist and more similar to European attitudes than has been previously thought—until the drive toward autarky after 1914 eventually sealed the state off and set it apart.

Drawing on untapped sources in the Russian police and foreign affairs archives, Lohr’s research is grounded in case studies of immigration, emigration, naturalization, and loss of citizenship among individuals and groups, including Jews, Muslims, Germans, and other minority populations. Lohr explores how reform of citizenship laws in the 1860s encouraged foreigners to immigrate and conduct business in Russia. For the next half century, citizenship policy was driven by attempts to modernize Russia through intensifying its interaction with the outside world. But growing suspicion toward non-Russian minorities, particularly Jews, led to a reversal of this openness during the First World War and to a Soviet regime that deprived whole categories of inhabitants of their citizenship rights.

Lohr sees these Soviet policies as dramatically divergent from longstanding Russian traditions and suggests that in order to understand the citizenship dilemmas Russia faces today—including how to manage an influx of Chinese laborers in Siberia—we must return to pre-Stalin history.

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