Серия "Critical America"

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The Smart Culture

Robert L. Hayman Jr.

The Smart Culture

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What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test? Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the...

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Robert L. Hayman Jr.

The Smart Culture

Robert L. Hayman Jr.

The Smart Culture

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Robert L. Hayman Jr.

Please Don't Wish Me a Merry Christ...

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Please Don't Wish Me a Merry Christmas

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Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity. Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes...

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Meeting the Enemy

Natsu Taylor Saito

Meeting the Enemy

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Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American...

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Natsu Taylor Saito

A Distant Heritage

Larry Eldridge

A Distant Heritage

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Historians often rely on a handful of unusual cases to illustrate the absence of free speech in the colonies—such as that of Richard Barnes, who had his arms broken and a hole bored through his tongue for seditious words against the governor of Virginia. In this definitive and accessible work, Larry Eldridge convincingly debunks this view by revealing surprising evidence of free speech in early America.Using the court records of every American colony that existed before 1700 and an...

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Larry Eldridge

Getting Over Equality

Steven D. Smith

Getting Over Equality

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Questions of religious freedom continue to excite passionate public debate. Proposals involving school prayer and the posting of the Ten Commandments in schools and courtrooms perennially spur controversy. But there is also a sense that the prevailing discourse is exhausted, that no one seems to know how to think about religious freedom in a way that moves beyond our stale, counterproductive thinking on this issue. In Getting over Equality, Steven D. Smith, one of the most important voices now...

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Steven D. Smith

America's Colony

Pedro A Malavet

America's Colony

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The precise legal nature of the relationship between the United States and the people of Puerto Rico was not explicitly determined in 1898 when the Treaty of Paris transferred sovereignty over Puerto Rico from Spain to the United States. Since then, many court cases, beginning in 1901, have been instrumental in defining this delicate relationship.While the legislation has clearly established the nonexistence of Puerto Rican nationhood and lack of independent Puerto Rican citizenship, the debate...

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Pedro A Malavet

Privilege Revealed

Stephanie M. Wildman

Privilege Revealed

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Affirmative action remains a hotly contested issue on our political landscape, yet the institutionalized systems of privilege which uphold the status quo remain unchallenged. Many Americans who advocate a merit-based, race-free worldview do not acknowledge the systems of privilege which benefit them. For example, many Americans rely on a social and sometimes even financial inheritance from previous generations. This inheritance, unlikely to be forthcoming if one's ancestors were slaves,...

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Stephanie M. Wildman

American Law in the Age of Hypercap...

Ruth Colker

American Law in the Age of Hypercapitalism

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Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned...

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Ruth Colker

Negrophobia and Reasonable Racism

Jody David Armour

Negrophobia and Reasonable Racism

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Tackling the ugly secret of unconscious racism in American society, this book provides specific solutions to counter this entrenched phenomenon.

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Jody David Armour

To Be An American

Bill Ong Hing

To Be An American

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The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant...

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Bill Ong Hing

Critical Race Theory (Third Edition...

Richard Delgado

Critical Race Theory (Third Edition)

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Updated to include the Black Lives Matter movement, the presidency of Barack Obama, the rise of hate speech on the Internet, and more [b][/b]Since the publication of the first edition of Critical Race Theory in 2001, the United States has lived through two economic downturns, an outbreak of terrorism, and the onset of an epidemic of hate directed against immigrants, especially undocumented Latinos and Middle Eastern people. On a more hopeful note, the country elected and re-elected its first...

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Richard Delgado

Saving Our Children from the First...

Kevin W. Saunders

Saving Our Children from the First Amendment

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The First Amendment is vital to our political system, our cultural institutions, and our routine social interactions with others. In this provocative book, Kevin Saunders asserts that freedom of expression can be very harmful to our children, making it more likely that they will be the perpetrators or victims of violence, will grow up as racists, or will use alcohol or tobacco. Saving Our Children from the First Amendment examines both the value and cost of free expression in America,...

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Kevin W. Saunders

How the Left Can Win Arguments and...

John K. Wilson

How the Left Can Win Arguments and Influence People

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If we were to rely on what the pundits and politicians tell us, we would have to conclude that America is a deeply conservative nation. Americans, we hear constantly, detest government, demand lower taxes and the end of welfare, and favor the death penalty, prayer in school, and an absolute faith in the free market. And yet Americans believe deeply in progressive ideas. In fact, progressivism has long been a powerful force in the American psyche. Consider that a mere generation ago the struggle...

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John K. Wilson

The Passions of Law

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The Passions of Law

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The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and...

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Greasers and Gringos

Steven W. Bender

Greasers and Gringos

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Although the origin of the term “greaser” is debated, its derogatory meaning never has been. From silent movies like The Greaser’s Revenge (1914) and The Girl and the Greaser (1913) with villainous title characters, to John Steinbeck's portrayals of Latinos as lazy, drunken, and shiftless in his 1935 novel Tortilla Flat , to the image of violent, criminal, drug-using gang members of East LA, negative stereotypes of Latinos/as have been plentiful in...

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Steven W. Bender

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

Taxing America

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Taxing America

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In the winter of 1996, Steve Forbes–publisher, heir, and presidential candidate–captured the American imagination with his proposal for a flat tax. But while Mr. Forbes claimed that such a tax would level the economic playing field by eliminating countless loopholes and miles of red tape, his actual proposal betrayed such claims to fairness by overtaxing workers and undertaxing financial capital. In the face of recent proposals for dramatic and far-reaching tax reform, Taxing America takes a...

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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

From the Ground Up

Luke W. Cole

From the Ground Up

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A critical look at the movement for environmental justice When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism—the disproportionate impact of environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities—gained unprecedented recognition. Behind the President's signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today,...

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Luke W. Cole

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.

The Gender Line

Nancy Levit

The Gender Line

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Despite tremendous advances in civil rights, we live in a world where the sexes remain sharply segregated from birth to death: in names, clothing, social groupings, and possessions; in occupations, civic association, and domestic roles. Gender separatism, so pervasive as to be almost invisible, permeates the fabric of our daily social routines. Preferring a notion of gender that is fluid and contextual, and denying that separatism is inevitable, Nancy Levit dismantles the myths of gender...

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Nancy Levit

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

Black Rage Confronts the Law

Paul Harris

Black Rage Confronts the Law

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In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous...

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Paul Harris

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