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Bettye Collier-Thomas’s groundbreaking book, Jesus, Jobs, and Justice—now available for the first time in paperback—provides a remarkable account of the religious faith, social and political activism, and extraordinary resilience of black women during the centuries of American growth and change. As co-creators of churches, women were a central factor in their development. However, women often had to cope with sexism in black churches, as well as racism in mostly white denominations.

 

Collier-Thomas skillfully shows how black church women created national organizations such as the National Association of Colored Women, the National League of Colored Republican Women, and the National Council of Negro Women to fight for civil rights and combat discrimination. She also examines how black women missionaries sacrificed their lives in service to their African sisters whose destiny they believed was tied to theirs.

 

While religion has been a guiding force in the lives of most African Americans, for black women it has been essential. Jesus, Jobs, and Justice restores black women to their rightful place in American and black history and demonstrates their faith in themselves, their race, and their God.

This book examines the effectiveness and deficiencies of judicial intervention in solving the problems of discrimination in the nation’s schools. The authors present case studies, surveys, and interviews of the lawyers and judges who participated in the leading cases. And they analyze critical issues that remain unresolved, such as the battle over racial desegregation that still rages in Yonkers, New York.

Running through the history of jurisprudence and legal theory is a recurring concern about the connections between law and justice and about the ways law is implicated in injustice. In earlier times law and justice were viewed as virtually synonymous. Experience, however, has taught us that, in fact, injustice may be supported by law. Nonetheless, the belief remains that justice is the special concern of law.

 

Commentators from Plato to Derrida have called law to account in the name of justice, asked that law provide a language of justice, and demanded that it promote the attainment of justice. The justice that is usually spoken about in these commentaries is elusive, if not illusory, and disconnected from the embodied practice of law.

 

Furthermore, the very meaning of justice, especially as it relates to law, is in dispute. Justice may refer to distributional issues or it may involve primarily procedural questions, impartiality in judgment or punishment and recompense.

 

The essays collected in Justice and Injustice in Law and Legal Theory seek to remedy this uncertainty about the meaning of justice and its disembodied quality, by embedding inquiry about justice in an examination of law's daily practices, its institutional arrangements, and its engagement with particular issues at particular moments in time. The essays examine the relationship between law and justice and injustice in specific issues and practices and, in doing so, make the question of justice come alive as a concrete political question. They draw on the disciplines of history, law, anthropology, and political science.

 

Contributors to this volume include Nancy Coot, Joshua Coven, Robert Gorton, Frank Michelin, and Michael Tossing.

 

Austin Sarat is William Nelson Cromwell Professor of Jurisprudence and Political Science, Amherst College. Thomas R. Kearns is William H. Hastie Professor of Philosophy, Amherst College.

Justice and Legal Change on the Shores of Lake Erie explores the many ways that the United States District Court for the Northern District of Ohio has affected the region, the nation, the development of American law, and American politics.

The essays in this book, written by eminent law professors, historians, political scientists, and practicing attorneys, illustrate the range of cases and issues that have come before the court. Since the court’s inception in 1855, judges have influenced economic developments and social issues, beginning with the court’s most famous early case, involving the rescue of the fugitive slave John Price by residents of Northern Ohio. Chapters focusing on labor strikes, free speech, women’s rights, the environment, the death penalty, and immigration illustrate the impact this court and its judges have had in the development of society and the nation’s law. Some of the cases here deal with local issues with huge national implications xad—like political corruption, school desegregation, or pollution on the Cuyahoga River. But others are about major national issues that grew out of incidents, such as the prosecution of Eugene V. Debs for opposing World War I, the litigation resulting from the Kent State shootings and opposition to the Vietnam War, and the immigration status of the alleged Nazi war criminal John Demyanjuk.

This timely history confirms the significant role played by district courts in the history of the United States.

Justice and peace are key concepts in the discourse of many academic disciplines. Conceptually, they are obviously linked, but perennial disputes surround the question of their interdependence and whether priority must be accorded to justice or peace. This volume brings together a diverse group of internationally renowned scholars from the fields of political theory, philosophy, international relations, history, cultural anthropology, and law to address these overarching questions and offer suggestions on how the friction between justice and peace might be resolved. The contributors draw on long-standing philosophical debates in order to address historical as well as contemporary conflicts ranging from the establishment and enforcement of legal and political norms in the disputes of early modern Europe to present-day tensions inherent in the constitutionalization of international law.

Justice and Administration is an ambitious effort to grapple with justice as a theoretical component of the practice of public administration, yet with sufficient theoretical power to be meaningful in philosophy, political studies, and sociology.

 

The time is ripe for such an effort, as the questions that gather under the labels of modernity, the postmodern and critical theory now transcend a single discipline. The work of John Rawls on justice in public life has had a generation of influence on scholarship, and this work seems to have a high degree of likelihood of making meaningful statements on these questions in the field.

Justice and Reform is the first study of the origins, philosophy, creation, management, and impact of the Office of Economic Opportunity Legal Services Program. As such, it clearly and concisely describes the Program's role both as an instrument of equal justice and as a strategy for overcoming poverty. Timely, important, and unique, it tells the story behind the OEO Legal Services Program—an endeavor that has been called both the most successful element of the war on poverty and the most stimulating development to occur in the American legal profession during the Twentieth Century. The early chapters in the book reveal the nature and motivations of the two groups which joined to create the Program: the conservative, American Bar Association sponsored 89-year-old legal aid movement and the Ford Foundation-financed neighborhood lawyer experiments that started in 1962 under the direction of young activist lawyers. Why they merged and how they merged forms the background for a description of how the partners persuaded the OEO bureaucracy to start a legal services program and convinced over 200 communities (including most large cities) to set up a federally funded legal assistance agency. Legal Services Program established policy, how it settled upon "law reform" as the priority function of the Program, how it preserved the integrity of its policies within OEO, and how it caused its grantees to engage in law reform. Chapter 8 evaluates, for the first time, the economic, political, and social impact of the Program as of 1972. The final chapter speculates on the future of government-subsidized legal assistance in the United States from the perspective of the OEO program's twin goals of equal justice and social reform.

Databases of both convicted offenders and no-suspect cases demonstrate the power of DNA testing to solve the unsolvable. George “Woody” Clarke is a leading authority in legal circles and among the news media because of his expertise in DNA evidence. In this memoir, Clarke chronicles his experiences in some of the most disturbing and notorious sexual assault and murder court cases in California. He charts the beginnings of DNA testing in police investigations and the fight for its acceptance by courts and juries. He illustrates the power of science in cases he personally prosecuted or in which he assisted, including his work with the prosecution team in the trial of O. J. Simpson.

Clarke also covers cases where DNA evidence was used to exonerate. He directed a special project in San Diego County, proactively examining over six hundred cases of defendants convicted and sentenced to prison before 1993, with the goal of finding instances in which DNA typing might add new evidence and then offered testing to those inmates.

As Clarke tells the story of how he came to understand and use this new form of evidence, readers will develop a new appreciation for the role of science in the legal system.

Today’s American cities and suburbs are the sites of “thick injustice”—unjust power relations that are deeply and densely concentrated as well as opaque and seemingly intractable. Thick injustice is hard to see, to assign responsibility for, and to change.

Identifying these often invisible and intransigent problems, this volume addresses foundational questions about what justice requires in the contemporary metropolis. Essays focus on inequality within and among cities and suburbs; articulate principles for planning, redevelopment, and urban political leadership; and analyze the connection between metropolitan justice and institutional design. In a world that is progressively more urbanized, and yet no clearer on issues of fairness and equality, this book points the way to a metropolis in which social justice figures prominently in any definition of success.

Contributors: Susan S. Fainstein, Harvard U; Richard Thompson Ford, Stanford U; Gerald Frug, Harvard U; Loren King, Wilfrid Laurier U; Margaret Kohn, U of Toronto; Stephen Macedo, Princeton U; Douglas W. Rae, Yale U; Clarence N. Stone, George Washington U; Margaret Weir, U of California, Berkeley; Thad Williamson, U of Richmond.

White extends his conception of United States law as a constitutive rhetoric shaping American legal culture that he proposed in When Words Lose Their Meaning, and asks how Americans can and should criticize this culture and the texts it creates. In determining if a judicial opinion is good or bad, he explores the possibility of cultural criticism, the nature of conceptual language, the character of economic and legal discourse, and the appropriate expectations for critical and analytic writing. White employs his unique approach by analyzing individual cases involving the Fourth Amendment of the United States constitution and demonstrates how a judge translates the facts and the legal tradition, creating a text that constructs a political and ethical community with its readers.

"White has given us not just a novel answer to the traditional jurisprudential questions, but also a new way of reading and evaluating judicial opinions, and thus a new appreciation of the liberty which they continue to protect."—Robin West, Times Literary Supplement

"James Boyd White should be nominated for a seat on the Supreme Court, solely on the strength of this book. . . . Justice as Translation is an important work of philosophy, yet it is written in a lucid, friendly style that requires no background in philosophy. It will transform the way you think about law."—Henry Cohen, Federal Bar News & Journal

"White calls us to rise above the often deadening and dreary language in which we are taught to write professionally. . . . It is hard to imagine equaling the clarity of eloquence of White's challenge. The apparently effortless grace of his prose conveys complex thoughts with deceptive simplicity."—Elizabeth Mertz, Yale Journal of Law and the Humanities

"Justice as Translation, like White's earlier work, provides a refreshing reminder that the humanities, despite the pummelling they have recently endured, can be humane."—Kenneth L. Karst, Michigan Law Review

Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council resolution to an institution with more than 1,000 employees and a $100 million annual budget. With Slobodan Milosevic now on trial and more than forty fellow indictees currently detained, the success of the Hague tribunal has forced many to reconsider the prospects of international justice. John Hagan's Justice in the Balkans is a powerful firsthand look at the inner workings of the tribunal as it has moved from an experimental organization initially viewed as irrelevant to the first truly effective international court since Nuremberg.

Creating an institution that transcends national borders is a challenge fraught with political and organizational difficulties, yet, as Hagan describes here, the Hague tribunal has increasingly met these difficulties head-on and overcome them. The chief reason for its success, he argues, is the people who have shaped it, particularly its charismatic chief prosecutor, Louise Arbour. With drama and immediacy, Justice in the Balkans re-creates how Arbour worked with others to turn the tribunal's fortunes around, reversing its initial failure to arrest and convict significant figures and advancing the tribunal's agenda to the point at which Arbour and her colleagues, including her successor, Carla Del Ponte (nicknamed the Bulldog), were able to indict Milosevic himself. Leading readers through the investigations and criminal proceedings of the tribunal, Hagan offers the most original account of the foundation and maturity of the institution.

Justice in the Balkans brilliantly shows how an international social movement for human rights in the Balkans was transformed into a pathbreaking legal institution and a new transnational legal field. The Hague tribunal becomes, in Hagan's work, a stellar example of how individuals working with collective purpose can make a profound difference.

"The Hague tribunal reaches into only one house of horrors among many; but, within the wisely precise remit given to it, it has beamed the light of justice into the darkness of man's inhumanity, to woman as well as to man."—The Times (London)