Серия "Critical America"

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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

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

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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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

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

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

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

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

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

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

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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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.

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

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

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

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

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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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

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

No Seat at the Table

Douglas M. Branson

No Seat at the Table

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Women are completing MBA and Law degrees in record high numbers, but their struggle to attain director positions in corporate America continues. Although explanations for this disconnect abound, neither career counselors nor scholars have paid enough attention to the role that corporate governance plays in maintaining the gender gap in America's executive quarters.Mining corporate governance models applied at Fortune 500 companies, hundreds of Title VII discrimination cases, and proxy...

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Douglas M. Branson

The Color of Crime (Second Edition)

Katheryn Russell-Brown

The Color of Crime (Second Edition)

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When The Color of Crime was first published ten years ago, it was heralded as a path-breaking book on race and crime. Now, in its tenth anniversary year, Katheryn Russell-Brown’s book is more relevant than ever. The Jena Six, Duke Lacrosse Team, Amadou Diallo, Sean Bell, James Byrd, and all of those victimized in the aftermath of Hurricane Katrina are just a few of the racially fueled cases that have made headlines in the past decade.Russell-Brown continues to ask, why do Black and White...

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Katheryn Russell-Brown

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