Серия "Critical America"

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Citizenship and Its Exclusions

Ediberto Román

Citizenship and Its Exclusions

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Citizenship is generally viewed as the most desired legal status an individual can attain, invoking the belief that citizens hold full inclusion in a society, and can exercise and be protected by the Constitution. Yet this membership has historically been exclusive and illusive for many, and in Citizenship and Its Exclusions , Ediberto Román offers a sweeping, interdisciplinary analysis of citizenship’s contradictions.Román offers an exploration of citizenship that...

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Ediberto Román

Victims in the War on Crime

Markus Dirk Dubber

Victims in the War on Crime

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Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in...

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Markus Dirk Dubber

Truth, Autonomy, and Speech

Susan Williams

Truth, Autonomy, and Speech

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Choice Magazine Outstanding Academic Titles 2005 WinnerAmidst the vast array of literature on the First Amendment, it is rare to hear a fresh voice speak about the First Amendment, but in Truth, Autonomy, and Speech , Susan H. Williams presents a strikingly original interpretation and defense of the First Amendment, written from a feminist perspective. Drawing on work from several disciplinesincluding law, political theory, philosophy, and anthropologythe book develops...

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Susan Williams

Science for Segregation

John P. Jackson, Jr.

Science for Segregation

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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...

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John P. Jackson, Jr.

Policing Hatred

Jeannine Bell

Policing Hatred

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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...

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Jeannine Bell

Disoriented

Robert Chang

Disoriented

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Does «Asian American» denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American? In Disoriented: Asian Americans, Law, and the Nation State , Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely...

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Robert Chang

The Empire Strikes Back

Arthur D. Austin

The Empire Strikes Back

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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...

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Arthur D. Austin

Discrimination by Default

Lu-in Wang

Discrimination by Default

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Much as we “select” computer settings by defaultreflexively, 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,...

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Lu-in Wang

Does the Law Morally Bind the Poor?

R. George Wright

Does the Law Morally Bind the Poor?

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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...

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R. George Wright

White by Law 10th Anniversary Editi...

Ian Haney López

White by Law 10th Anniversary Edition

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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...

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Ian Haney López

Nothing but the Truth

Steven Lubet

Nothing but the Truth

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Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why...

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Steven Lubet

Chicano Students and the Courts

Richard R. Valencia

Chicano Students and the Courts

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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...

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Richard R. Valencia

Interracial Justice

Eric K. Yamamoto

Interracial Justice

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The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change in the ways we as a nation think about race relations, identity, and racial justice. Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for...

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Eric K. Yamamoto

Social Scientists for Social Justic...

John P. Jackson Jr.

Social Scientists for Social Justice

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In one of the twentieth century's landmark Supreme Court cases, Brown v. Board of Education , social scientists such as Kenneth Clark helped to convince the Supreme Court Justices of the debilitating psychological effects of racism and segregation. John P. Jackson, Jr., examines the well-known studies used in support of Brown , such as Clark’s famous “doll tests,” as well as decades of research on race which lead up to the case. Jackson reveals the struggles...

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John P. Jackson Jr.

The Silicon Valley of Dreams

Lisa Sun-Hee Park

The Silicon Valley of Dreams

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Next to the nuclear industry, the largest producer of contaminants in the air, land, and water is the electronics industry. Silicon Valley hosts the highest density of Superfund sites anywhere in the nation and leads the country in the number of temporary workers per capita and in workforce gender inequities. Silicon Valley offers a sobering illustration of environmental inequality and other problems that are increasingly linked to the globalization of the world's economies. In The Silicon...

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Lisa Sun-Hee Park

The Emergence of Mexican America

John-Michael Rivera

The Emergence of Mexican America

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Winner of the 2006 Thomas J. Lyon Book Award in Western American Literary Studies, presented by the Western Literature AssociationIn The Emergence of Mexican America , John-Michael Rivera examines the cultural, political, and legal representations of Mexican Americans and the development of US capitalism and nationhood. Beginning with the Mexican-American War of 1846-1848 and continuing through the period of mass repatriation of US Mexican laborers in 1939, Rivera examines both Mexican-American...

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John-Michael Rivera

Feminist Legal Theory (Second Editi...

Nancy Levit

Feminist Legal Theory (Second Edition)

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Feminist legal theory is one of the most dynamic fields in the law, and it affects issues ranging from child custody to sexual harassment. Since its initial publication in 2006, Feminist Legal Theory: A Primer has received rave reviews. Now, in the completely updated second edition of this outstanding primer, Nancy Levit and Robert R.M. Verchick introduce the diverse strands of feminist legal theory and discuss an array of substantive legal topics, pulling in recent court decisions, new laws,...

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Nancy Levit

Changing Race

Clara E. Rodríguez

Changing Race

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Latinos are the fastest growing population group in the United States.Through their language and popular music Latinos are making their mark on American culture as never before. As the United States becomes Latinized, how will Latinos fit into America's divided racial landscape and how will they define their own racial and ethnic identity? Through strikingly original historical analysis, extensive personal interviews and a careful examination of census data, Clara E. Rodriguez shows that...

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Clara E. Rodríguez

Laying Down the Law

Pierre Schlag

Laying Down the Law

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In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face...

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Pierre Schlag

Was Blind, But Now I See

Barbara J. Flagg

Was Blind, But Now I See

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"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this «transparency» phenomenon–the invisibility of whiteness to white people– profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms. Flagg here identifies this...

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Barbara J. Flagg

Rape and the Culture of the Courtro...

Andrew E. Taslitz

Rape and the Culture of the Courtroom

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Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom , Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz...

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Andrew E. Taslitz

Critical Race Narratives

Carl Gutierrez-Jones

Critical Race Narratives

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The beating of Rodney King, the killing of Amadou Diallo, and the LAPD Rampart Scandal: these events have been interpreted by the courts, the media and the public in dramatically conflicting ways. Critical Race Narratives examines what is at stake in these conflicts and, in so doing, rethinks racial strife in the United States as a highly-charged struggle over different methods of reading and writing. Focusing in particular on the practice and theorization of narrative strategies,...

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Carl Gutierrez-Jones

Legally Straight

Joe Rollins

Legally Straight

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Argues that cultural conceptions of children – and childhood – played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one...

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Joe Rollins

Opening the Floodgates

Kevin R. Johnson

Opening the Floodgates

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Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country.Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy...

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Kevin R. Johnson

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