Серия "Critical America"

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Elusive Citizenship

John S. W. Park

Elusive Citizenship

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Since the late nineteenth century, federal and state rules governing immigration and naturalization have placed persons of Asian ancestry outside the boundaries of formal membership. A review of leading cases in American constitutional law regarding Asians would suggest that initially, Asian immigrants tended to evade exclusionary laws through deliberate misrepresentations of their identities or through extralegal means. Eventually, many of these immigrants and their descendants came to accept...

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John S. W. Park

When Sorry Isn't Enough

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When Sorry Isn't Enough

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"How much compensation ought to be paid to a woman who was raped 7,500 times? What would the members of the Commission want for their daughters if their daughters had been raped even once?"—Karen Parker, speaking before the U.N. Commission on Human Rights[/i]Seemingly every week, a new question arises relative to the current worldwide ferment over human injustices. Why does the U.S. offer $20,000 atonement money to Japanese Americans relocated to concentration camps during World...

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Whitewashed

John Tehranian

Whitewashed

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Middle Easterners: Sometimes White, Sometimes Not – an article by John TehranianThe Middle Eastern question lies at the heart of the most pressing issues of our time: the war in Iraq and on terrorism, the growing tension between preservation of our national security and protection of our civil rights, and the debate over immigration, assimilation, and our national identity. Yet paradoxically, little attention is focused on our domestic Middle Eastern population and its place in American society....

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John Tehranian

Aftermath

Leonard V. Kaplan

Aftermath

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With the specter of prosecution after his term is over and the possibility of disbarment in Arkansas hanging over President Clinton, the Clinton-Lewinsky scandal and the events that have followed it show no sign of abating. The question has become what to do, and how to think, about those eight months. Did the President lie or was it plausible that he had truthfully testified to no sexual relationship? Was the job search for Monica just help for a friend or a sinister means of obtaining silence?...

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Leonard V. Kaplan

Destructive Messages

Alexander Tsesis

Destructive Messages

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Destructive Messages argues that hate speech is dangerous not only when it poses an immediate threat of harm. It is also dangerous when it is systematically developed over time, becoming part of a culturally acceptable dialogue which can foster the persecution of minorities.Tsesis traces a causal link between racist and biased rhetoric and injustices like genocide and slavery. He shows that hate speech and propaganda, when left unregulated, can weave animosity into the social fabric to such a...

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Alexander Tsesis

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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.

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