Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such...
In Federalism and Subsidiarity, a distinguished interdisciplinary group of scholars in political science, law, and philosophy address the application and interaction of the concept of federalism within law and government. What are the best justifications for and conceptions of federalism? What are the most useful criteria for deciding what powers should be allocated to national governments and what powers reserved to state or provincial governments? What are the implications of the principle of...
Policing Hatred explores the intersection of race and law enforcement in the controversial area of hate crime. The nation’s attention has recently been focused on high-profile hate crimes such as the dragging death of James Byrd and the torture-murder of Matthew Shepard. This book calls attention to the thousands of other individuals who each year are attacked because of their race, religion, or sexual orientation. The study of hate crimes challenges common assumptions regarding perpetrators...
In this fascinating examination of the intriguing but understudied period following the landmark Brown v. Board of Education decision, John Jackson examines the scientific case aimed at dismantling the legislation.Offering a trenchant assessment of the so-called scientific evidence, Jackson focuses on the 1959 formation of the International Society for the Advancement of Ethnology and Eugenics (IAAEE), whose expressed function was to objectively investigate racial differences and publicize...
Once dismissed as plodding and superfluous, legal scholarship is increasingly challenging the liberal white male establishment that currently dominates legal education and practice. The most significant development since the emergence of the casebook, at the turn of the century, this trend has unleashed a fierce political struggle. At stake is nothing less than the entire enterprise of law and education, and thus a powerful platform from which to shape society. The result, here vividly recounted...
Visualizing Atrocity takes Hannah Arendt’s provocative and polarizing account of the 1961 trial of Nazi official Adolf Eichmann as its point of departure for reassessing some of the serviceable myths that have come to shape and limit our understanding both of the Nazi genocide and totalitarianism’s broader, constitutive, and recurrent features. These myths are inextricably tied to and reinforced viscerally by the atrocity imagery that emerged with the liberation of the...
Much as we “select” computer settings by default—reflexively, without thinking, and sometimes without realizing there are other options—we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care,...
Consider the horror we feel when we learn of a crime such as that committed by Robert Alton Harris, who commandeered a car, killed the two teenage boys in it, and then finished what was left of their lunch. What we don't consider in our reaction to the depravity of this act is that, whether we morally blame him or not, Robert Alton Harris has led a life almost unimaginably different from our own in crucial respects. In Does Law Morally Bind the Poor? or What Good's the Constitution...
White by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested...
What can the killing of a transgender teen can teach us about the violence of misreading gender identity as sexual identity? The Life and Death of Latisha King examines a single incident, the shooting of 15-year-old Latisha King by 14-year-old Brian McInerney in their junior high school classroom in Oxnard, California in 2008. The press coverage of the shooting, as well as the criminal trial that followed, referred to Latisha, assigned male at birth, as Larry. Unpacking the consequences of...
In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing...