Серия "Critical America"

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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

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

Alienated

Victor C. Romero

Alienated

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Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11...

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Victor C. Romero

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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