718 books match the query 'Civil rights' and 42 start with c

cover of COPS AND KIDS: Policing Juvenile Delinquency in Urban America, 1890–1940

COPS AND KIDS

Policing Juvenile Delinquency in Urban America, 1890–1940

David B. Wolcott

The Ohio State University Press, 2005

Juvenile courts were established in the early twentieth century with the ideal of saving young offenders from “delinquency.” Many kids, however, never made it to juvenile court. Their cases were decided by a different agency—the police.

Cops and Kids analyzes how police regulated juvenile behavior in turn-of-the-century America. Focusing on Los Angeles, Chicago, and Detroit, it examines how police saw their mission, how they dealt with public demands, and how they coped daily with kids. Whereas most scholarship in the field of delinquency has focused on progressive-era reformers who created a separate juvenile justice system, David B. Wolcott’s study looks instead at the complicated, sometimes coercive, relationship between police officers and young offenders. Indeed, Wolcott argues, police officers used their authority in a variety of ways to influence boys’ and girls’ behavior. Prior to the creation of juvenile courts, police officers often disciplined kids by warning and releasing them, keeping them out of courts. Establishing separate juvenile courts, however, encouraged the police to cast a wider net, pulling more young offenders into the new system. While some departments embraced “child-friendly” approaches to policing, others clung to rough-and-tumble methods. By the 1920s and 1930s, many police departments developed new strategies that combined progressive initiatives with tougher law enforcement targeted specifically at growing minority populations.

Cops and Kids illuminates conflicts between reformers and police over the practice of juvenile justice and sheds new light on the origins of lasting tensions between America’s police and urban communities.
 
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cover of Calculating Visions: Kennedy, Johnson, and Civil Rights

Calculating Visions

Kennedy, Johnson, and Civil Rights

Mark Stern

Rutgers University Press, 1992

In June 1963, in the midst of national turmoil brought about by civil rights demonstrations, John Kennedy sent his administration's first major civil rights bill to the Congress. Still unsure about this move, he asked his brother Robert, "Do you think we did the right thing?" Within days of assuming the presidency, Lyndon Johnson publicly committed himself to civil rights as a "memorial" to his predecessor. Privately he told Georgia's Senator Richard Russell, the leader of the South in Congress, "Dick, you've got to get out of my way. I'm going to run you over." President Johnson would not compromise or equivocate on civil rights. John Kennedy of Massachusetts yielded to the pressure of events and became an ally of the movement, despite his fear that supporting civil rights could cost him votes in Congress and the nation. Lyndon Johnson of Texas, whom liberals loathed because he often gutted their prize legislation, became the committed champion of civil rights. Together their administrations became synonymous with the Second Reconstruction, though neither president had a prior record of strong civil rights commitment. Mark Stern explains how each man pursued power and votes, and ultimately redirected his own course of action and altered the nation's future.
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cover of Capture of Speech and Other Political Writings

Capture of Speech and Other Political Writings

Michel De Certeau

University of Minnesota Press, 1997

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cover of Challenging U.S. Apartheid: Atlanta and Black Struggles for Human Rights, 1960–1977

Challenging U.S. Apartheid

Atlanta and Black Struggles for Human Rights, 1960–1977

Winston A. Grady-Willis

Duke University Press, 2006

Challenging U.S. Apartheid is an innovative, richly detailed history of Black struggles for human dignity, equality, and opportunity in Atlanta from the early 1960s through the end of the initial term of Maynard Jackson, the city’s first Black mayor, in 1977. Winston A. Grady-Willis provides a seamless narrative stretching from the student nonviolent direct action movement and the first experiments in urban field organizing through efforts to define and realize the meaning of Black Power to the reemergence of Black women-centered activism. The work of African Americans in Atlanta, Grady-Willis argues, was crucial to the broader development of late-twentieth-century Black freedom struggles.

Grady-Willis describes Black activism within a framework of human rights rather than in terms of civil rights. As he demonstrates, civil rights were only one part of a larger struggle for self-determination, a fight to dismantle a system of inequalities that he conceptualizes as “apartheid structures.” Drawing on archival research and interviews with activists of the 1960s and 1970s, he illuminates a wide range of activities, organizations, and achievements, including the neighborhood-based efforts of Atlanta’s Black working poor, clandestine associations such as the African American women’s group Sojourner South, and the establishment of autonomous Black intellectual institutions such as the Institute of the Black World. Grady-Willis’s chronicle of the politics within the Black freedom movement in Atlanta brings to light overlapping ideologies, gender and class tensions, and conflicts over divergent policies, strategies, and tactics. It also highlights the work of grassroots activists, who take center stage alongside well-known figures in Challenging U.S. Apartheid. Women, who played central roles in the human rights struggle in Atlanta, are at the foreground of this history.

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cover of Changes in Law and Society during the Civil War and Reconstruction: A Legal History Documentary Reader

Changes in Law and Society during the Civil War and Reconstruction

A Legal History Documentary Reader

Edited by Christian G. Samito

Southern Illinois University Press, 2009

The first comprehensive collection of legal history documents from the Civil War and Reconstruction, this volume shows the profound legal changes that occurred during the Civil War era and highlights how law, society, and politics inextricably mixed and set American legal development on particular paths that were not predetermined. Editor Christian G. Samito has carefully selected excerpts from legislation, public and legislative debates, court cases, investigations of white supremacist violence in the South, and rare court-martial records, added his expert analysis, and illustrated the selections with telling period artwork to create an outstanding resource that demonstrates the rich and important legal history of the era.

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cover of Changing Minds: Social Movements’ Cultural Impacts

Changing Minds

Social Movements’ Cultural Impacts

Francesca Polletta

Russell Sage Foundation, 2025

Social movements—organized efforts by relatively powerless people to change society—can result in legal and policy changes, such as laws protecting same-sex marriage and tax rebates for solar energy. However, movements also change people’s beliefs, values, and everyday behavior. Such changes may help bring about new policies or take place in the absence of new policy, yet we still know little about when and why they occur. In Changing Minds, sociologists Francesca Polletta and Edwin Amenta ask why movements have sometimes had fast and far-reaching cultural influence.
 
Polletta and Amenta examine the trajectories of U.S. social movements, including the old-age pension movements of the 1930s and 1940s, the Black rights movement of the 1950s and 1960s, the women’s movement of the 1970s, right-wing movements in the 1980s and 1990s, and the environmental movement up to the present, to determine when, why, and how social movements change culture. They find that influential movements are featured in the news, but not only in the news. Movement perspectives may appear also in opinion and commentary outlets, on television talk shows and dramas, in movies, stand-up comedy, and viral memes. Popular culture producers remake movement messages as they transmit them, sometimes in ways that make those messages compelling. For example, while the news largely ignored feminists’ challenge to inequality in the home, popular cultural outlets turned “liberation” into a resonant demand for women’s right to self-fulfillment outside the home and within it.  Widespread attention to the movement may lead people to change their minds individually. But more substantial change is likely when companies, schools, and other organizations outside government strive to get out in front of a newly legitimate issue, whether environmental sustainability or racial equity, by adopting movement-supportive norms and practices. Eventually, ideas associated with a movement may become a new common sense—though not always the ideas that the movement intended.
 
Throughout Changing Minds, Polletta and Amenta provide activists with strategies for getting their message heard and acted on. They suggest how movement actors can get into the news as political players or experts rather than lawbreakers or zealots. They show when it makes sense for activists to work with popular cultural producers and when they should create their own cultural outlets. They explain why the routes to cultural influence have changed and why urging people to take one easy step to save the planet can do more harm than good.
 
Changing Minds is a fascinating exploration of why and how some social movements have caused profound shifts in society.
 
 
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cover of Changing Perspectives: Black-Jewish Relations in Houston during the Civil Rights Era

Changing Perspectives

Black-Jewish Relations in Houston during the Civil Rights Era

Allison E. Schottenstein

University of North Texas Press, 2021

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cover of Chasing Newsroom Diversity: From Jim Crow to Affirmative Action

Chasing Newsroom Diversity

From Jim Crow to Affirmative Action

Gwyneth Mellinger

University of Illinois Press, 2013

Social change triggered by the Civil Rights Movement in the 1960s sent the American Society of Newspaper Editors (ASNE) on a fifty-year mission to dismantle an exclusionary professional standard that envisioned the ideal journalist as white, straight, and male. In this book, Gwyneth Mellinger explores the complex history of the decades-long ASNE diversity initiative, which culminated in the failed Goal 2000 effort to match newsroom demographics with those of the U.S. population.
 
Drawing upon exhaustive reviews of ASNE archival materials, Mellinger examines the democratic paradox through the lens of the ASNE, an elite organization that arguably did more than any other during the twentieth century to institutionalize professional standards in journalism and expand the concepts of government accountability and the free press. The ASNE would emerge in the 1970s as the leader in the newsroom integration movement, but its effort would be frustrated by structures of exclusion the organization had embedded into its own professional standards. Explaining why a project so promising failed so profoundly, Chasing Newsroom Diversity expands our understanding of the intransigence of institutional racism, gender discrimination, and homophobia within democracy.

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cover of Chicano Art Inside/Outside the Master’s House: Cultural Politics and the CARA Exhibition

Chicano Art Inside/Outside the Master’s House

Cultural Politics and the CARA Exhibition

By Alicia Gaspar de Alba

University of Texas Press, 1997

In the early 1990s, a major exhibition Chicano Art: Resistance and Affirmation, 1965-1985 toured major museums around the United States. As a first attempt to define and represent Chicano/a art for a national audience, the exhibit attracted both praise and controversy, while raising fundamental questions about the nature of multiculturalism in the U.S.

This book presents the first interdisciplinary cultural study of the CARA exhibit. Alicia Gaspar de Alba looks at the exhibit as a cultural text in which the Chicano/a community affirmed itself not as a "subculture" within the U.S. but as an "alter-Native" culture in opposition to the exclusionary and homogenizing practices of mainstream institutions. She also shows how the exhibit reflected the cultural and sexual politics of the Chicano Movement and how it serves as a model of Chicano/a popular culture more generally.

Drawing insights from cultural studies, feminist theory, anthropology, and semiotics, this book constitutes a wide-ranging analysis of Chicano/a art, popular culture, and mainstream cultural politics. It will appeal to a diverse audience in all of these fields.

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cover of Chicano San Diego: Cultural Space and the Struggle for Justice

Chicano San Diego

Cultural Space and the Struggle for Justice

Richard Griswold del Castillo

University of Arizona Press, 2008

The Mexican and Chicana/o residents of San Diego have a long, complicated, and rich history that has been largely ignored. This collection of essays shows how the Spanish-speaking people of this border city have created their own cultural spaces. Sensitive to issues of gender—and paying special attention to political, economic, and cultural figures and events—the contributors explore what is unique about San Diego’s Mexican American history.

In chronologically ordered chapters, scholars discuss how Mexican and Chicana/o people have resisted and accommodated the increasingly Anglo-oriented culture of the region. The book’s early chapters recount the historical origins of San Diego and its development through the mid-nineteenth century, describe the “American colonization” that followed, and include examples of Latino resistance that span the twentieth century—from early workers’ strikes to the United Farm Workers movement of the 1960s. Later chapters trace the Chicana/o Movement in the community and in the arts; the struggle against the gentrification of the barrio; and the growth of community organizing (especially around immigrants’ rights) from the perspective of a community organizer.

To tell this sweeping story, the contributors use a variety of approaches. Testimonios retell individual lives, ethnographies relate the stories of communities, and historical narratives uncover what has previously been ignored or discounted. The result is a unique portrait of a marginalized population that has played an important but neglected role in the development of a major American border city.
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cover of China's Hidden Children: Abandonment, Adoption, and the Human Costs of the One-Child Policy

China's Hidden Children

Abandonment, Adoption, and the Human Costs of the One-Child Policy

Kay Ann Johnson

University of Chicago Press, 2016

In the thirty-five years since China instituted its One-Child Policy, 120,000 children—mostly girls—have left China through international adoption, including 85,000 to the United States.  It’s generally assumed that this diaspora is the result of China’s approach to population control, but there is also the underlying belief that the majority of adoptees are daughters because the One-Child Policy often collides with the traditional preference for a son. While there is some truth to this, it does not tell the full story—a story with deep personal resonance to Kay Ann Johnson, a China scholar and mother to an adopted Chinese daughter.
           
Johnson spent years talking with the Chinese parents driven to relinquish their daughters during the brutal birth-planning campaigns of the 1990s and early 2000s, and, with China’s Hidden Children, she paints a startlingly different picture. The decision to give up a daughter, she shows, is not a facile one, but one almost always fraught with grief and dictated by fear. Were it not for the constant threat of punishment for breaching the country’s stringent birth-planning policies, most Chinese parents would have raised their daughters despite the cultural preference for sons. With clear understanding and compassion for the families, Johnson describes their desperate efforts to conceal the birth of second or third daughters from the authorities. As the Chinese government cracked down on those caught concealing an out-of-plan child, strategies for surrendering children changed—from arranging adoptions or sending them to live with rural family to secret placement at carefully chosen doorsteps and, finally, abandonment in public places. In the twenty-first century, China’s so-called abandoned children have increasingly become “stolen” children, as declining fertility rates have left the dwindling number of children available for adoption more vulnerable to child trafficking. In addition, government seizures of locally—but illegally—adopted children and children hidden within their birth families mean that even legal adopters have unknowingly adopted children taken from parents and sent to orphanages.
           
The image of the “unwanted daughter” remains commonplace in Western conceptions of China. With China’s Hidden Children, Johnson reveals the complex web of love, secrecy, and pain woven in the coerced decision to give one’s child up for adoption and the profound negative impact China’s birth-planning campaigns have on Chinese families.
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cover of Chronicles of a Two-Front War: Civil Rights and Vietnam in the African American Press

Chronicles of a Two-Front War

Civil Rights and Vietnam in the African American Press

Lawrence Allen Eldridge

University of Missouri Press, 2011

During the Vietnam War, young African Americans fought to protect the freedoms of Southeast Asians and died in disproportionate numbers compared to their white counterparts. Despite their sacrifices, black Americans were unable to secure equal rights at home, and because the importance of the war overshadowed the civil rights movement in the minds of politicians and the public, it seemed that further progress might never come.  For many African Americans, the bloodshed, loss, and disappointment of war became just another chapter in the history of the civil rights movement.  Lawrence Allen Eldridge explores this two-front war, showing how the African American press grappled with the Vietnam War and its impact on the struggle for civil rights.
Written in a clear narrative style, Chronicles of a Two-Front War is the first book to examine coverage of the Vietnam War by black news publications, from the Gulf of Tonkin incident in August 1964 to the final withdrawal of American ground forces in the spring of 1973 and the fall of Saigon in the spring of 1975.

Eldridge reveals how the black press not only reported the war but also weighed its significance in the context of the civil rights movement.
The author researched seventeen African American newspapers, including the Chicago Defender, the Baltimore Afro-American, and the New Courier, and two magazines, Jet and Ebony.  He augmented the study with a rich array of primary sources—including interviews with black journalists and editors, oral history collections, the personal papers of key figures in the black press, and government documents, including those from the presidential libraries of Lyndon Johnson, Richard Nixon, and Gerald Ford—to trace the ups and downs of U.S. domestic and wartime policy especially as it related to the impact of the war on civil rights.

Eldridge examines not only the role of reporters during the war, but also those of editors, commentators, and cartoonists. Especially enlightening is the research drawn from extensive oral histories by prominent journalist Ethel Payne, the first African American woman to receive the title of war correspondent. She described a widespread practice in black papers of reworking material from major white papers without providing proper credit, as the demand for news swamped the small budgets and limited staffs of African American papers.  The author analyzes both the strengths of the black print media and the weaknesses in their coverage.

The black press ultimately viewed the Vietnam War through the lens of African American experience, blaming the war for crippling LBJ’s Great Society and the War on Poverty.  Despite its waning hopes for an improved life, the black press soldiered on.
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cover of Church State Corporation: Construing Religion in US Law

Church State Corporation

Construing Religion in US Law

Winnifred Fallers Sullivan

University of Chicago Press, 2020

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is “the church,” and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination.

Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how “the church” as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group—whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby—over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the “church-shaped space” in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.
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cover of Cinema Civil Rights: Regulation, Repression, and Race in the Classical Hollywood Era

Cinema Civil Rights

Regulation, Repression, and Race in the Classical Hollywood Era

Scott, Ellen C

Rutgers University Press, 2015

From Al Jolson in blackface to Song of the South, there is a long history of racism in Hollywood film. Yet as early as the 1930s, movie studios carefully vetted their releases, removing racially offensive language like the “N-word.” This censorship did not stem from purely humanitarian concerns, but rather from worries about boycotts from civil rights groups and loss of revenue from African American filmgoers.

Cinema Civil Rights presents the untold history of how Black audiences, activists, and lobbyists influenced the representation of race in Hollywood in the decades before the 1960s civil rights era. Employing a nuanced analysis of power, Ellen C. Scott reveals how these representations were shaped by a complex set of negotiations between various individuals and organizations. Rather than simply recounting the perspective of film studios, she calls our attention to a variety of other influential institutions, from protest groups to state censorship boards.

Scott demonstrates not only how civil rights debates helped shaped the movies, but also how the movies themselves provided a vital public forum for addressing taboo subjects like interracial sexuality, segregation, and lynching. Emotionally gripping, theoretically sophisticated, and meticulously researched, Cinema Civil Rights presents us with an in-depth look at the film industry’s role in both articulating and censoring the national conversation on race.
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cover of Civil Religion in Political Thought

Civil Religion in Political Thought

Ronald Weed

Catholic University of America Press, 2010

The essays in this volume blend historical and philosophical reflection with concern for contemporary political problems. They show that the causes and motivations of civil religion are a permanent fixture of the human condition, though some of its manifestations and proximate causes have shifted in an age of multiculturalism, religious toleration, and secularization
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cover of Civil Rights and African Americans: A Documentary History

Civil Rights and African Americans

A Documentary History

Albert Blaustein and Robert L. Zangrando

Northwestern University Press, 1991

This volume brings together for the first time all the important primary documents in the history of civil rights in the United States. Beginning in 1619, it contains original texts on slavery, abolition, the Civil War, Reconstruction, desegregation, the NAACP, and the black power movement. A thought-provoking preface provides an overview of the developments in civil rights law and public policy to the present day.

Many of the documents included were previously scattered in hard-to-find sources, not readily available to instructors and students. Civil Rights and African Americans is the first collection of all the seminal texts of the civil rights struggle, an invaluable scholarly reference and riveting reading for anyone interested in the history of racial conflict in the United States.
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cover of Civil Rights and Intersecting Identities: Social Movements for Equality and Justice: Groves Monographs on Marriage and Family (Volume 10)

Civil Rights and Intersecting Identities

Social Movements for Equality and Justice: Groves Monographs on Marriage and Family (Volume 10)

Edited by Eboni Baugh and Carol Johnston

Michigan Publishing Services, 2026

Groves Monographs on Marriage and Family is an edited book series based on the annual meetings of the Groves Conference on Marriage and Family, an interdisciplinary, interprofessional organization of limited invited membership founded in 1934. The Groves Monographs publishes work on the leading edges of theory development and empirical research in the field of family studies. Individual volumes are edited by the chairs of the annual Groves Conferences and include peer-reviewed chapters by the conference presenters and invited authors. Topics are timely and provocative with diverse themes.

Volume 10: Civil Rights and Intersecting Identities: Social Movements for Equality and Justice Society has a tumultuous history with regard to human rights and civil rights. Despite progress, the contemporary revisiting of previously held rights is placing intense pressure on families, individuals, and communities. As family scientists, it is imperative that we respond by learning, engaging, and acting with intentionality. The appropriate response is not to rescue, but to amplify voices and experiences, moving beyond mere allyship. This Monograph, inspired from presentations given at the 2024 Groves Conference on Marriage and Family, will serve to center discussions on the current landscape of social justice movements.

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cover of Civil Rights in Bakersfield: Segregation and Multiracial Activism in the Central Valley

Civil Rights in Bakersfield

Segregation and Multiracial Activism in the Central Valley

Oliver A. Rosales

University of Texas Press, 2024

2024 Outstanding Book Award, National Association for Ethnic Studies
2025 Honorable Mention, Norris & Carol Hundley Award, Pacific Coast Branch of the American Historical Association
2025 The Ambassador Julian Nava Best Ethnic Studies Book, International Latino Book Awards

A multiracial history of civil rights coalitions beyond the farm worker movement in twentieth-century Bakersfield, California.

In Civil Rights in Bakersfield, Oliver Rosales uncovers the role of the multiracial west in shaping the course of US civil rights history. Focusing on Bakersfield, one of the few sizable cities within California’s Central Valley for much of the twentieth century in a region most commonly known as a bastion of political conservatism, oil, and industrial agriculture, Rosales documents how multiracial coalitions emerged to challenge histories of racial segregation and discrimination. He recounts how the region was home to both the historic farm worker movement, led by César Chávez, Dolores Huerta, and Larry Itliong, and also a robust multiracial civil rights movement beyond the fields. This multiracial push for civil rights reform included struggles for fair housing, school integration, public health, media representation, and greater political representation for Black and Brown communities. In expanding on this history of multiracial activism, Rosales further explores the challenges activists faced in community organizing and how the legacies of coalition building contribute to ongoing activist efforts in the Central Valley of today.

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cover of Civil Rights in Black and Brown: Histories of Resistance and Struggle in Texas

Civil Rights in Black and Brown

Histories of Resistance and Struggle in Texas

Edited by Max Krochmal and J. Todd Moye

University of Texas Press, 2021

2022 Best Book Award, Oral History Association

Hundreds of stories of activists at the front lines of the intersecting African American and Mexican American liberation struggle


Not one but two civil rights movements flourished in mid-twentieth-century Texas, and they did so in intimate conversation with one another. Far from the gaze of the national media, African American and Mexican American activists combated the twin caste systems of Jim Crow and Juan Crow. These insurgents worked chiefly within their own racial groups, yet they also looked to each other for guidance and, at times, came together in solidarity. The movements sought more than integration and access: they demanded power and justice.

Civil Rights in Black and Brown draws on more than 500 oral history interviews newly collected across Texas, from the Panhandle to the Piney Woods and everywhere in between. The testimonies speak in detail to the structure of racism in small towns and huge metropolises—both the everyday grind of segregation and the haunting acts of racial violence that upheld Texas’s state-sanctioned systems of white supremacy. Through their memories of resistance and revolution, the activists reveal previously undocumented struggles for equity, as well as the links Black and Chicanx organizers forged in their efforts to achieve self-determination.

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cover of Civil Rights in the Texas Borderlands: Dr. Lawrence A. Nixon and Black Activism

Civil Rights in the Texas Borderlands

Dr. Lawrence A. Nixon and Black Activism

Will Guzman

University of Illinois Press, 2016

In 1907, physician Lawrence A. Nixon fled the racial violence of central Texas to settle in the border town of El Paso. There he became a community and civil rights leader. His victories in two Supreme Court decisions paved the way for dismantling all-white political primaries across the South.
 
Will Guzmán delves into Nixon's lifelong struggle against Jim Crow. Linking Nixon's activism to his independence from the white economy, support from the NAACP, and the man's own indefatigable courage, Guzmán also sheds light on Nixon's presence in symbolic and literal borderlands--as an educated professional in a time when few went to college, as an African American who made waves when most feared violent reprisal, and as someone living on the mythical American frontier as well as an international boundary.
 
A powerful addition to the literature on African Americans in the Southwest, Civil Rights in the Texas Borderlands explores seldom-studied corners of the Black past and the civil rights movement.
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cover of Cold War Progressives: Women's Interracial Organizing for Peace and Freedom

Cold War Progressives

Women's Interracial Organizing for Peace and Freedom

Jacqueline Castledine

University of Illinois Press, 2012

In recognizing the relation between gender, race, and class oppression, American women of the postwar Progressive Party made the claim that peace required not merely the absence of violence, but also the presence of social and political equality. For progressive women, peace was the essential thread that connected the various aspects of their activist agendas. This study maps the routes taken by postwar popular front women activists into peace and freedom movements of the 1960s and 1970s. Historian Jacqueline Castledine tells the story of their decades-long effort to keep their intertwined social and political causes from unraveling and to maintain the connections among peace, feminism, and racial equality.
 
Postwar progressive women and their allies often saw themselves as members of a popular front promoting the rights of workers, women, and African Americans under the banner of peace. However, the Cold War indelibly shaped the contours of their activism. Following the Progressive Party's demise in the 1950s, these activists reentered social and political movements in the early 1960s and met the inescapable reality that their agenda was a casualty of the left-liberal political division of the early Cold War era. Many Americans now viewed peace as a leftist concern associated with Soviet sympathizers and civil rights as the favored cause of liberals. Faced with the dilemma of working to reunite these movements or choosing between them, some progressive women chose to lead such New Left organizations as the Jeannette Rankin Brigade while others became leaders of liberal "second wave" feminist movements.
 
Whether they committed to affiliating with groups that emphasized one issue over others or attempted to found groups with broad popular-front type agendas, Progressive women brought to their later work an understanding of how race, class, and gender intersect in women's organizing. These women's stories demonstrate that the ultimate result of Cold War-era McCarthyism was not the defeat of women's activism, but rather its reconfiguration.
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cover of Color Lines: Affirmative Action, Immigration, and Civil Rights Options for America

Color Lines

Affirmative Action, Immigration, and Civil Rights Options for America

John David Skrentny

University of Chicago Press, 2001

A new ethnic order has emerged in the United States. The growing number of Latinos and Asians has rendered the old black-and-white binary obsolete. And yet, political pundits and commentators on both the left and the right continue to overlook the changing face of discrimination and opportunity in today's new multiethnic, multiracial America. With Color Lines, John David Skrentny brings us a collection of essays that reexamines the role of affirmative action and civil rights in light of this important shift in American demographics. The book explores issues of public policy, equal opportunity, diversity, multiculturalism, pathways to better work and higher learning, and attempts in countries outside the United States to protect minority civil rights. Combining perspectives from specialists in fields as diverse as sociology, history, political science, and law, Color Lines is a balanced and broad-ranging guide for anyone interested in civil rights policy and the future of ethnic relations in America.

Contributors:
Erik Bleich
Lawrence D. Bobo
Frank Dobbin
John Aubrey Douglass
Hugh Davis Graham
Kyra R. Greene
Erin Kelly
George R. La Noue
Jennifer Lee
Michael Lichter
Deborah C. Malamud
Sunita Parikh
John C. Sullivan
Thomas J. Sugrue
Carol M. Swain
Steven M. Teles
Roger Waldinger
Christine Min Wotipka

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cover of Color of Law: A Novel

Color of Law

A Novel

David Milofsky

University Press of Colorado, 2000

This is a rich, absorbing novel about good, evil, and the inability of the legal system to mediate between the two. Two white Milwaukee motorcycle cops pursue and kill a young black man on a bitterly cold winter night in 1959 and with the help of their su
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cover of Confronting Torture: Essays on the Ethics, Legality, History, and Psychology of Torture Today

Confronting Torture

Essays on the Ethics, Legality, History, and Psychology of Torture Today

Edited by Scott A. Anderson and Martha C. Nussbaum

University of Chicago Press, 2018

Torture has lately become front page news, featured in popular movies and TV shows, and a topic of intense public debate. It grips our imagination, in part because torturing someone seems to be an unthinkable breach of humanity—theirs and ours. And yet, when confronted with horrendous events in war, or the prospect of catastrophic damage to one’s own country, many come to wonder whether we can really afford to abstain entirely from torture. Before trying to tackle this dilemma, though, we need to see torture as a multifaceted problem with a long history and numerous ethical and legal aspects.

Confronting Torture offers a multidisciplinary investigation of this wrenching topic. Editors Scott A. Anderson and Martha C. Nussbaum bring together a diversity of scholars to grapple with many of torture’s complexities, including:  How should we understand the impetus to use torture? Why does torture stand out as a particularly heinous means of war-fighting? Are there any sound justifications for the use of torture? How does torture affect the societies that employ it? And how can we develop ethical or political bulwarks to prevent its use? The essays here resist the temptation to oversimplify torture, drawing together work from scholars in psychology, history, sociology, law, and philosophy, deepening and broadening our grasp of the subject. Now, more than ever, torture is something we must think about; this important book offers a diversity of timely, constructive responses on this resurgent and controversial subject.
 
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cover of Congress and the First Civil Rights Era, 1861-1918

Congress and the First Civil Rights Era, 1861-1918

Jeffery A. Jenkins and Justin Peck

University of Chicago Press, 2021

Civil rights legislation figured prominently in the agenda of Congress during the Civil War and Reconstruction. But as Reconstruction came to an end and discrimination against African Americans in the South became commonplace, civil rights advocates in Congress increasingly shifted to policies desired by white constituents in the North who had grown tired of efforts to legislate equality. In this book, the first of a two-volume set, Jeffery A. Jenkins and Justin Peck explore the rise and fall of civil rights legislation in Congress from 1861 to 1918.
 
The authors examine in detail how the Republican Party slowly withdrew its support for a meaningful civil rights agenda, as well as how Democrats and Republicans worked together to keep civil rights off the legislative agenda at various points. In doing so, Jenkins and Peck show how legal institutions can be used both to liberate and protect oppressed minorities and to assert the power of the white majority against those same minority groups.
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cover of Conjuring Crisis: Racism and Civil Rights in a Southern Military City

Conjuring Crisis

Racism and Civil Rights in a Southern Military City

Baca, George

Rutgers University Press, 2010

How have civil rights transformed racial politics in America? Connecting economic and social reforms to racial and class inequality, Conjuring Crisis counters the myth of steady race progress by analyzing how the federal government and local politicians have sometimes "reformed" politics in ways that have amplified racism in the post civil-rights era.

In the 1990s at Fort Bragg and Fayetteville, North Carolina, the city's dominant political coalition of white civic and business leaders had lost control of the city council. Amid accusations of racism in the police department, two white council members joined black colleagues in support of the NAACP's demand for an investigation. George Baca's ethnographic research reveals how residents and politicians transformed an ordinary conflict into a "crisis" that raised the specter of chaos and disaster. He explores new territory by focusing on the broader intersection of militarization, urban politics, and civil rights.
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cover of Constance Baker Motley: One Woman's Fight for Civil Rights and Equal Justice under Law

Constance Baker Motley

One Woman's Fight for Civil Rights and Equal Justice under Law

Gary L. Ford Jr.

University of Alabama Press, 2017

The story of NAACP’s sole female attorney. She shaped civil rights history as lead strategist and litigator from 1946–1964, arguing landmark desegregation cases and defending Martin Luther King Jr. and countless freedom fighters.

Constance Baker Motley was an African American woman; the daughter of immigrants from Nevis, British West Indies; a wife; and a mother who became a pioneer and trailblazer in the legal profession. She broke down barriers, overcame gender constraints, and operated outside the boundaries placed on black women by society and the civil rights movement. In Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice under Law, Gary L. Ford Jr. explores the key role Motley played in the legal fight to desegregate public schools as well as colleges, universities, housing, transportation, lunch counters, museums, libraries, parks, and other public accommodations.
 
The only female attorney at the NAACP Legal Defense and Educational Fund, Inc., Motley was also the only woman who argued desegregation cases in court during much of the civil rights movement. From 1946 through 1964, she was a key litigator and legal strategist for landmark civil rights cases including the Montgomery Bus Boycott and represented Martin Luther King Jr. as well as other protesters arrested and jailed as a result of their participation in sit-ins, marches, and freedom rides.
 
Motley was a leader who exhibited a leadership style that reflected her personality traits, skills, and strengths. She was a visionary who formed alliances and inspired local counsel to work with her to achieve the goals of the civil rights movement. As a leader and agent of change, she was committed to the cause of justice and she performed important work in the trenches in the South and behind the scene in courts that helped make the civil rights movement successful.

"Highly recommended."
—CHOICE

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cover of Constitution-Making in the Region of Former Soviet Dominance

Constitution-Making in the Region of Former Soviet Dominance

Rett R. Ludwikowski

Duke University Press, 1996

With the end of the Cold War and the disintegration of the Soviet Union, newly formed governments throughout Eastern Europe and the former Soviet states have created constitutions that provide legal frameworks for the transition to free markets and democracy. In Constitution-Making in the Region of Former Soviet Dominance, Rett R. Ludwikowski offers a comparative study of constitution-making in progress and provides insight into the complex political and social circumstances that are shaping its present and future. The first study of these recent constitutional developments, this book also provides an appendix of all newly ratified constitutions in the region, an essential new reference source for scholars, students, and professionals.
Beginning with a review of the constitutional traditions of Eastern and Central Europe, Ludwikowski goes on to offer analysis of the recent process of political change in the region. A second section focuses specifically on the the new constitutions and such issues as the selection of the form of government, concepts of divisions of power, unicameralism vs. bicameralism, the flexibility or rigidity of constitutions as working documents, and the process of reviewing the constitutionality of laws. Individual states as framed in these documents are analyzed in economic, political, and cultural terms. Although it is too soon to fully consider the implementation of these constitutions, special attention is devoted to the effect of reform on human rights protection, a notorious problem of continuing concern in the region. A final section offers an insightful comparative study of constitutional law by reviewing the post-Soviet process of constitution-making against the backdrop of Western constitutional traditions.
Constitution-Making in the Region of Former Soviet Dominance is both a comprehensive study of constitutional developments in the former Soviet bloc and a primary reference tool for scholars of constitutional law, and Eastern European and post-Soviet studies.
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cover of Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives

Constitutionalism, Identity, Difference, and Legitimacy

Theoretical Perspectives

Michel Rosenfeld

Duke University Press, 1994

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume—written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists—investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory.
Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society’s quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.
This collection’s broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.

Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

[more]
cover of Constructing Basic Liberties: A Defense of Substantive Due Process

Constructing Basic Liberties

A Defense of Substantive Due Process

James E. Fleming

University of Chicago Press, 2022

A strong and lively defense of substantive due process.
 
From reproductive rights to marriage for same-sex couples, many of our basic liberties owe their protection to landmark Supreme Court decisions that have hinged on the doctrine of substantive due process. This doctrine is controversial—a battleground for opposing views around the relationship between law and morality in circumstances of moral pluralism—and is deeply vulnerable today.  
 
Against recurring charges that the practice of substantive due process is dangerously indeterminate and irredeemably undemocratic, Constructing Basic Liberties reveals the underlying coherence and structure of substantive due process and defends it as integral to our constitutional democracy. Reviewing the development of the doctrine over the last half-century, James E. Fleming rebuts popular arguments against substantive due process and shows that the Supreme Court has constructed basic liberties through common law constitutional interpretation: reasoning by analogy from one case to the next and making complex normative judgments about what basic liberties are significant for personal self-government. 
 
Elaborating key distinctions and tools for interpretation, Fleming makes a powerful case that substantive due process is a worthy practice that is based on the best understanding of our constitutional commitments to protecting ordered liberty and securing the status and benefits of equal citizenship for all. 
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cover of Constructing the Enemy: Empathy/Antipathy in U.S. Literature and Law

Constructing the Enemy

Empathy/Antipathy in U.S. Literature and Law

Rajini Srikanth

Temple University Press, 2011

In her engaging book, Constructing the Enemy, Rajini Srikanth probes the concept of empathy, attempting to understand its different types and how it is—or isn't—generated and maintained in specific circumstances.

Using literary texts to illuminate issues of power and discussions of law, Srikanth focuses on two case studies— the internment of Japanese citizens and Japanese Americans in World War II, after the bombing of Pearl Harbor, and the detainment of Muslim Americans and individuals from various nations in the U.S. prison at Guantanamo Bay.

Through primary documents and interviews that reveal why and how lawyers become involved in defending those who have been designated “enemies,” Srikanth explores the complex conditions under which engaged citizenship emerges. Constructing the Enemy probes the seductive promise of legal discourse and analyzes the emergence and manifestation of empathy in lawyers and other concerned citizens and the wider consequences of this empathy on the institutions that regulate our lives.

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cover of Containment and Condemnation: Law and the Oppression of the Urban Poor

Containment and Condemnation

Law and the Oppression of the Urban Poor

David Ray Papke

Michigan State University Press, 2019

The populations of American cities have always included poor people, but the predicament of the urban poor has worsened over time. Their social capital, that is, the connections and organizations that traditionally enabled them to form communities, has shredded. Economically comfortable Americans have come to increasingly care less about the plight of the urban poor and to think of them in terms of “us and them.” Considered lazy paupers in the early nineteenth century, the urban poor came to be seen as a violent criminal “underclass” by the end of the twentieth. Living primarily in the nation’s deindustrialized inner cities and making up nearly 15 percent of the population, today’s urban poor are oppressed people living in the midst of American affluence. This book examines how law works for, against, and with regard to the urban poor, with “law” being understood broadly to include not only laws but also legal proceedings and institutions. Law is too complicated and variable to be seen as simply a club used to beat down the urban poor, but it does work largely in negative ways for them. An essential text for both law students and those drawn to areas of social justice, Containment and Condemnation shows how law helps create, expand, and perpetuate contemporary urban poverty.
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cover of Corporate Social Responsibility?: Human Rights in the New Global Economy

Corporate Social Responsibility?

Human Rights in the New Global Economy

Edited by Charlotte Walker-Said and John D. Kelly

University of Chicago Press, 2015

With this book, Charlotte Walker-Said and John D. Kelly have assembled an essential toolkit to better understand how the notoriously ambiguous concept of corporate social responsibility (CSR) functions in practice within different disciplines and settings. Bringing together cutting-edge scholarship from leading figures in human rights programs around the United States, they vigorously engage some of the major political questions of our age: what is CSR, and how might it render positive political change in the real world?
           
The book examines the diverse approaches to CSR, with a particular focus on how those approaches are siloed within discrete disciplines such as business, law, the social sciences, and human rights. Bridging these disciplines and addressing and critiquing all the conceptual domains of CSR, the book also explores how CSR silos develop as a function of the competition between different interests. Ultimately, the contributors show that CSR actions across all arenas of power are interdependent, continually in dialogue, and mutually constituted. Organizing a diverse range of viewpoints, this book offers a much-needed synthesis of a crucial element of today’s globalized world and asks how businesses can, through their actions, make it better for everyone. 
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cover of Courting Justice: Ten New Jersey Cases That Shook the Nation

Courting Justice

Ten New Jersey Cases That Shook the Nation

Edited by Paul L. Tractenberg with a Foreword by Deborah T. Poritz

Rutgers University Press, 2013

Since 1947 a modernized New Jersey Supreme Court has played an important and controversial role in the state, nation, and world.  Its decisions in cutting-edge cases have confronted society’s toughest issues, reflecting changing social attitudes, modern life’s complexities, and new technologies.

Paul Tractenberg has selected ten of the court’s landmark decisions between 1960 and 2011 to illustrate its extensive involvement in major public issues, and to assess its impact. Each case chapter is authored by a distinguished academic or professional expert, several of whom were deeply involved in the cases’ litigation, enabling them to provide special insights. An overview chapter provides context for the court’s distinctive activity.

Many of the cases are so widely known that they have become part of the national conversation about law and policy. In the Karen Ann Quinlan decision, the court determined the right of privacy extends to refusing life-sustaining treatment. The Baby M case reined in surrogate parenting and focused on the child’s best interests. In the Mount Laurel decision, the court sought to increase affordable housing for low- and moderate-income residents throughout the state. The Megan’s Law case upheld legal regulation of sex offender community notification. A series of decisions known as Abbott/Robinson required the state to fund poor urban school districts at least on par with suburban districts.

Other less well known cases still have great public importance. Henningsen v. Bloomfield Motors reshaped product liability and tort law to protect consumers injured by defective cars; State v. Hunt shielded privacy rights from unwarranted searches beyond federal standards; Lehmann v. Toys ‘R’ Us protected employees from sexual harassment and a hostile work environment; Right to Choose v. Byrne expanded state constitutional abortion rights beyond the federal constitution; and Marini v. Ireland protected low-income tenants against removal from their homes.   

For some observers, the New Jersey Supreme Court represents the worst of judicial activism; others laud it for being, in its words, “the designated last-resort guarantor of the Constitution's command.” For Tractenberg, the court’s activism means it tends to find for the less powerful over the more powerful and for the public good against private interests, an approach he applauds.
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cover of Courting the Abyss: Free Speech and the Liberal Tradition

Courting the Abyss

Free Speech and the Liberal Tradition

John Durham Peters

University of Chicago Press, 2005

Courting the Abyss updates the philosophy of free expression for a world that is very different from the one in which it originated. The notion that a free society should allow Klansmen, neo-Nazis, sundry extremists, and pornographers to spread their doctrines as freely as everyone else has come increasingly under fire. At the same time, in the wake of 9/11, the Right and the Left continue to wage war over the utility of an absolute vision of free speech in a time of increased national security. Courting the Abyss revisits the tangled history of free speech, finding resolutions to these debates hidden at the very roots of the liberal tradition.

A mesmerizing account of the role of public communication in the Anglo-American world, Courting the Abyss shows that liberty's earliest advocates recognized its fraternal relationship with wickedness and evil. While we understand freedom of expression to mean "anything goes," John Durham Peters asks why its advocates so often celebrate a sojourn in hell and the overcoming of suffering. He directs us to such well-known sources as the prose and poetry of John Milton and the political and philosophical theory of John Locke, Adam Smith, John Stuart Mill, and Oliver Wendell Holmes Jr., as well as lesser-known sources such as the theology of Paul of Tarsus. In various ways they all, he shows, envisioned an attitude of self-mastery or self-transcendence as a response to the inevitable dangers of free speech, a troubled legacy that continues to inform ruling norms about knowledge, ethical responsibility, and democracy today.

A world of gigabytes, undiminished religious passion, and relentless scientific discovery calls for a fresh account of liberty that recognizes its risk and its splendor. Instead of celebrating noxious doctrine as proof of society's robustness, Courting the Abyss invites us to rethink public communication today by looking more deeply into the unfathomable mystery of liberty and evil.
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cover of Cradle of Freedom: Alabama and the Movement That Changed America

Cradle of Freedom

Alabama and the Movement That Changed America

Frye Gaillard

University of Alabama Press, 2006

Cradle of Freedom puts a human face on the story of the black American struggle for equality in Alabama during the 1960s. 

While exceptional leaders such as Martin Luther King Jr., Rosa Parks, Fred Shuttlesworth, Ralph Abernathy, John Lewis, and others rose up from the ranks and carved their places in history, the burden of the movement was not carried by them alone. It was fueled by the commitment and hard work of thousands of everyday people who decided that the time had come to take a stand.

Cradle of Freedom is tied to the chronology of pivotal events occurring in Alabama the Montgomery bus boycott, the Freedom Rides, the Letter from the Birmingham Jail, the bombing of the 16th Street Baptist Church, Bloody Sunday, and the Black Power movement in the Black Belt. Gaillard artfully interweaves fresh stories of ordinary people with the familiar ones of the civil rights icons. We learn about the ministers and lawyers, both black and white, who aided the movement in distinct ways at key points. We meet Vernon Johns, King's predecessor at the Dexter Avenue Baptist Church in Montgomery, who first suggested boycotting the buses and who wrote later, "It is a heart strangely un-Christian that cannot thrill with joy when the least of men begin to pull in the direction of the stars." We hear from John Hulett who tells how terror of lynching forced him down into ditches whenever headlights appeared on a night road. We see the Edmund Pettus Bridge beatings from the perspective of marcher JoAnne Bland, who was only a child at the time. We learn of E. D. Nixon, a Pullman porter who helped organize the bus boycott and who later choked with emotion when, for the first time in his life, a white man extended his hand in greeting to him on a public street.

How these ordinary people rose to the challenges of an unfair system with a will and determination that changed their times forever is a fascinating and extraordinary story that Gaillard tells with his hallmark talent. Cradle of Freedom unfolds with the dramatic flow of a novel, yet it is based on meticulous research. With authority and grace, Gaillard explains how the southern state deemed the cradle of the Confederacy became with great struggle, some loss, and much hope the cradle of freedom.

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cover of Crafting Equality: America's Anglo-African Word

Crafting Equality

America's Anglo-African Word

Celeste Michelle Condit and John Louis Lucaites

University of Chicago Press, 1993

Philosophers and historians often treat fundamental concepts like equality as if they existed only as fixed ideas found solely in the canonical texts of civilization. In Crafting Equality, Celeste Michelle Condit and John Louis Lucaites argue that the meaning of at least one key word—equality—has been forged in the day-to-day pragmatics of public discourse.

Drawing upon little studied speeches, newspapers, magazines, and other public discourse, Condit and Lucaites survey the shifting meaning of equality from 1760 to the present as a process of interaction and negotiation among different social groups in American politics and culture. They make a powerful case for the critical role of black Americans in actively shaping what equality has come to mean in our political conversation by chronicling the development of an African-American rhetorical community. The story they tell supports a vision of equality that embraces both heterogeneity and homogeneity as necessary for maintaining the balance between liberty and property.

A compelling revision of an important aspect of America's history, Crafting Equality will interest anyone wanting to better understand the role public discourse plays in affecting the major social and political issues of our times. It will also interest readers concerned with the relationship between politics and culture in America's increasingly multi-cultural society.
[more]
cover of Crisis of Conscience: Arkansas Methodists and the Civil Rights Struggle

Crisis of Conscience

Arkansas Methodists and the Civil Rights Struggle

James T. Clemons

Butler Center for Arkansas Studies, 2007

Crisis of Conscience features personal stories by Arkansas Methodist pastors, laypersons, and community leaders—including Dale Bumpers, M. Joycelyn Elders, and Miller Williams—who lived through the struggles for civil rights in the 1950s and saw their congregations and other institutions rocked by the tumultuous events of the history-making era. The book also depicts the desegregation of Hendrix College, the prophetic role of Philander Smith College in civil rights activism, and the experiences of other Arkansas Methodist institutions in the great freedom struggle that caused many of the state’s church members to realize they could no longer reconcile their belief in God with participation in a segregated society.
[more]
cover of Critical Race Theory: The Cutting Edge

Critical Race Theory

The Cutting Edge

Richard Delgado

Temple University Press, 2013

Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century-one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem-race.

The contributions, from a stellar roster of established and emerging scholars, address new topics, such as intersectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education.

Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.

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cover of Cross Purposes: Pierce v. Society of Sisters and the Struggle over Compulsory Public Education

Cross Purposes

Pierce v. Society of Sisters and the Struggle over Compulsory Public Education

Paula Abrams

University of Michigan Press, 2009

"A definitive study of an extremely important, though curiously neglected, Supreme Court decision, Pierce v. Society of Sisters."
---Robert O'Neil, Professor of Law Emeritus, University of Virginia School of Law

"A careful and captivating examination of a dramatic and instructive clash between nationalism and religious pluralism, and of the ancient but ongoing struggle for control over the education of children and the formation of citizens."
---Richard W. Garnett, Professor of Law and Associate Dean, Notre Dame Law School

"A well-written, well-researched blend of law, politics, and history."
---Joan DelFattore, Professor of English and Legal Studies, University of Delaware

In 1922, the people of Oregon passed legislation requiring all children to attend public schools. For the nativists and progressives who had campaigned for the Oregon School Bill, it marked the first victory in a national campaign to homogenize education---and ultimately the populace. Private schools, both secular and religious, vowed to challenge the law. The Catholic Church, the largest provider of private education in the country and the primary target of the Ku Klux Klan campaign, stepped forward to lead the fight all the way to the U.S. Supreme Court.

In Pierce v. Society of Sisters (1925), the court declared the Oregon School Bill unconstitutional and ruled that parents have the right to determine how their children should be educated. Since then, Pierce has provided a precedent in many cases pitting parents against the state.

Paula Abrams is Professor of Constitutional Law at Lewis & Clark Law School.

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cover of Cultural Analysis, Cultural Studies, and the Law: Moving Beyond Legal Realism

Cultural Analysis, Cultural Studies, and the Law

Moving Beyond Legal Realism

Austin Sarat and Jonathan Simon, eds.

Duke University Press, 2003

Cultural Analysis, Cultural Studies, and the Law is a field-defining collection of work at the intersection of law, cultural analysis and cultural studies. Over the past few decades the marked turn toward claims and policy arguments based on cultural identity—such as ethnicity, race, or religion—has pointed up the urgent need for legal studies to engage cultural critiques. Exploration of legal issues through cultural analyses provides a rich supplement to other approaches—including legal realism, law and economics, and law and society. As Austin Sarat and Jonathan Simon demonstrate, scholars of the law have begun to mine the humanities for new theoretical tools and kinds of knowledge. Crucial to this effort is cultural studies, with its central focus on the relationship between knowledge and power.

Drawing on legal scholarship, literary criticism, psychoanalytic theory, and anthropology, the essays collected here exemplify the contributions cultural analysis and cultural studies make to interdisciplinary legal study. Some of these broad-ranging pieces describe particular approaches to the cultural study of the law, while others look at specific moments where the law and culture intersect. Contributors confront the deep connections between law, social science, and post-World War II American liberalism; examine the traffic between legal and late-nineteenth- and early-twentieth-century scientific discourses; and investigate, through a focus on recovered memory, the ways psychotherapy is absorbed into the law. The essayists also explore specific moments where the law is forced to comprehend the world beyond its boundaries, illuminating its dependence on a series of unacknowledged aesthetic, psychological, and cultural assumptions—as in Aldolph Eichmann’s 1957 trial, hiv-related cases, and the U.S. Supreme Court’s recent efforts to define the role of race in the construction of constitutionally adequate voting districts.

Contributors. Paul Berman, Peter Brooks, Wai Chee Dimock, Anthony Farley, Shoshanna Felman, Carol Greenhouse, Paul Kahn, Naomi Mezey, Tobey Miller, Austin Sarat, Jonathan Simon, Alison Young

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cover of Culture and the Question of Rights: Forests, Coasts, and Seas in Southeast Asia

Culture and the Question of Rights

Forests, Coasts, and Seas in Southeast Asia

Charles Zerner, ed.

Duke University Press, 2003

This collection of ethnographic and interpretive essays fundamentally alters the debate over indigenous land claims in Southeast Asia and beyond. Based on fieldwork conducted in Malaysia and Indonesia during the 1980s and 1990s, these studies explore new terrain at the intersection of environmental justice, nature conservation, cultural performance, and the politics of making and interpreting claims.
Calling for radical redefinitions of development and ownership and for new understandings of the translation of culture and rights in politically dangerous contexts—natural resource frontiers—this volume links social injustice and the degradation of Southeast Asian environments. Charles Zerner and his colleagues show how geographical areas once viewed as wild and undeveloped are actually cultural artifacts shaped by complex interactions with human societies. Drawing on richly varied sources of evidence and interpretation—from trance dances, court proceedings, tree planting patterns, marine and forest rituals, erotic poems, and codifications of customary law, Culture and the Question of Rights reveals the ironies, complexities, and histories of contemporary communities’ struggles to retain their gardens, forests, fishing territories, and graveyards. The contributors examine how these cultural activities work to both construct and to lay claim to nature. These essays open up new avenues for negotiating indigenous rights against a background of violence, proliferating markets, and global ideas of biodiversity and threatened habitat.

Contributors. Jane Atkinson, Don Brenneis, Stephanie Fried, Nancy Peluso, Marina Roseman, Anna Tsing, Charles Zerner

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