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.
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.
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.
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.
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.
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
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.
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
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.
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.
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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