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Race, Ethnicity, Nationality and the Law: Legal Paradoxes in Conceptualization and Operationalization
by András L. PapThis book provides a complex insight into how law, as a distinct tool and technology, conceptualizes and operationalizes race, ethnicity and nationality. The focus of the comparative project, by bringing examples from five continents and scores of jurisdictions, as well as showcases for hybrid, intersectional groups, is specifically the morphology and dynamics of legal categorization. Separate discussions concentrate on conceptualizing groupness and membership, as well as agency and contestation. The book shows that although identity politics has dominated recent decades, ethno-racial self-identification is not the only operationalizing model legal regimes apply, especially with the recent boost in artificial intelligence (AI), and bio-genetic research. Examples for the “re-biologization” of ethno-racial conceptualization are brought from a wide range of legal regimes, including citizenship, anti-discrimination, asylum, and Indigenous law. The work provides a journey through the administrative-political construction and contestation of ethno-racial classifications, with particular attention paid to the concepts of free choice of identity, covering, and fraud, as well as the arbitrariness, the historical path dependence, and the role of merit in conceptualization. While the starting point of the book is to capture ethnicity as a category of law, it shows how legal conceptualization and operationalization are intertwined with categories of analysis and experience. The methodology applied is comparative constitutional and international law, but the research will have wider interdisciplinary appeal offering a novel perspective for a broad audience in social sciences and humanities.
Race, Gender, Sexuality, and the Politics of the American Judiciary
by Sharon A. Navarro Samantha L. HernandezThe judicial system in a liberal democracy is deemed to be an independent branch of government with judges free from political agendas or societal pressures. In reality, judges are often influenced by their economic and social backgrounds, gender, race, religion, and sexuality. This volume explores the representation of different identities in the judiciary in the United States. The contributors investigate the pipeline, ambition, institutional inclusion, retention, and representation of groups previously excluded from federal, state, and local judiciaries. This study demonstrates how diversity on the bench improves the quality of justice, bolsters confidence in the legitimacy of the courts, and provides a vital voice in decision-making power for formerly disenfranchised populations.
Race, Housing and Community: Perspectives on Policy and Practice (Real Estate Issues Ser.)
by Harris BeiderThis book provides an important new contribution to debates around housing policy and its impact on community cohesion. There has never been a more prescient time to discuss these concepts: the book provides an interpretation of housing, race and community cohesion in a highly politicized and fluid policy context. It is designed to initiate discussion and debate but this should not be esoteric and limited to a group of academics. Rather the objective is to bridge academic and policy audiences in the hope that this fusion provides a basis for a new agenda to discuss these topics. Race and community have been key features of social housing policy over the last 20 years with many high-profile interventions, from the proactive approach by the Housing Corporation to support black and minority ethnic housing associations, to the influential Cantle Report documenting segregation in towns and cities following riots, and the National Housing Federation led Race & Housing Inquiry leading to sector wide recommendations to achieve equality. However, volume of policy interventions and reports has not been matched by academic outputs that co-ordinate, integrate and critically analyse 'race', housing and community. Housing, Race & Community Cohesion is the first systematic overview of 'race', housing and community during this tumultuous period. The material presented is robust and research based but also directly engages with issues around policy and delivery. It is designed to reflect the interests both of the academic research community and policy makers on both sides of the Atlantic. It is not rooted to specific policy interventions that could quickly date but instead focuses on developing new ways to analyse difficult issues that will help both students and practitioners now and in the future.
Race, Incarceration, and American Values
by Glenn C. LouryThe United States, home to five percent of the worlds' population, now houses twenty-five percent of the world's prison inmates. Our incarceration rate--at 714 per 100,000 residents and rising--is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury agues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans--vastly disproportionately black and brown--with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes. Praise for The Anatomy of Racial Inequality: "Intellectually rigorous and deeply thoughtful.... The Anatomy of Racial Inequalityis an incisive, erudite book by a major thinker." --Gerald Early, New York Times Book Review A Boston Review Book
Race, Labor, and Civil Rights: Griggs versus Duke Power and the Struggle for Equal Employment Opportunity (Making the Modern South)
by Robert Samuel SmithIn 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.
Race, Law and Hypercriminality
by Sarah Corbett-BatsonThis book considers how neoliberal criminal law constructs racialised ‘hypercriminals’.In a world of fake news and virtual reality, where social media posts seem more real than the materiality of racial capitalism, this book develops the idea of ‘hypercriminality’, as a means of explaining how racial disproportionalities in the criminal legal system persist, despite discourses of a post-racial meritocracy. Drawing on critical race theory, the work of Judith Butler, and Jean Baudrillard’s conception of the hyperreal, the book considers how neoliberal legal discourse constructs and reproduces hyperreal racialised legal subjects. The simulated violent figure of the racialised gang member, rioter, drug dealer, or sexual predator is made to appear ‘real’ through legal and evidential concepts such as dangerousness or bad character. The belief that this simulation is real is deployed to justify the carceral state and masks the structural, and racialised, violence of capitalism itself. Revealing the ‘hypercriminality’ of racialised legal subjects, the book thus offers a timely critical legal intervention that aims to advance the urgent project of decarceration, abolition, and transformative justice.The book will appeal to scholars and students working in the areas of criminal law and evidence, criminology, criminal justice, socio-legal studies, and critical race theory.
Race, Law, Resistance
by Patricia TuittRace, Law, Resistance is an original and important contribution to current theoretical debates on race and law. The central claims are that racial oppression has profoundly influenced the development of legal doctrine and that the production of subjugated figures like the slave and the refugee has been fundamental to the development of legal categories such as contract and tort. Drawing on examples from the UK and US legal systems in particular, this book employs a wide range of theoretical and disciplinary perspectives to explore resistance to racial dominance in modernity. In particular, it highlights the main tenets and distinctive scholarly forms of critical theories on race and law. Race, Law, Resistance will be of interest to academics and students following courses on critical race theory, law and postcolonialism, discrimination law, legal theory, legal systems, the law of obligations, comparative legal cultures, law and literature, and human rights.
Race, Law, and American Society: 1607-Present (Criminology and Justice Studies)
by Gloria J. Browne-MarshallThis second edition of Gloria Browne-Marshall’s seminal work , tracing the history of racial discrimination in American law from colonial times to the present, is now available with major revisions. Throughout, she advocates for freedom and equality at the center, moving from their struggle for physical freedom in the slavery era to more recent battles for equal rights and economic equality. From the colonial period to the present, this book examines education, property ownership, voting rights, criminal justice, and the military as well as internationalism and civil liberties by analyzing the key court cases that established America’s racial system and demonstrating the impact of these court cases on American society. This edition also includes more on Asians, Native Americans, and Latinos. Race, Law, and American Society is highly accessible and thorough in its depiction of the role race has played, with the sanction of the U.S. Supreme Court, in shaping virtually every major American social institution.
Race, Racism, and International Law
by Devon W. Carbado, Kimberlé Williams Crenshaw, Justin Desautels-Stein, and Chantal ThomasWhat would it look like to place race at the center of international legal scholarship? From its inception in the 70s and 80s, critical race theory's target was the field of law, revealing it to be a repository for racial power. This particular critique of law was explosive because of law's putatively apolitical status, making it a unique site for an intellectual sit-in that has forever changed the way that race and racism are understood in American society. Several decades later, as indicators of populism and white nationalism spread across North America and Europe, critical race theory remains markedly absent from discourses in global affairs and international law. This volume opens the door for CRT to enter the international sphere. Featuring contributions from 30 of today's leading scholars from around the world, Race, Racism, and International Law explains how the concept of racial difference sits at the foundation of the legal, political, and social structures of hierarchy that shape the contemporary global order. Helmed by four pioneering experts, two in CRT and two in international law, the volume's approach targets regimes of power and violence that implicate racism, capitalism, and colonialism. This volume lays the groundwork for urgent and provocative new modes of critique and analysis.
Race, Rage, and Resistance: Philosophy, Psychology, and the Perils of Individualism (Psychology and the Other)
by Eric R. Severson Heather Macdonald David M. GoodmanThis timely collection asks the reader to consider how society’s modern notion of humans as rational, isolated individuals has contributed to psychological and social problems and oppressive power structures. Experts from a range of disciplines offer a complex understanding of how humans are shaped by history, tradition, and institutions. Drawing upon the work of Lacan, Fanon, and Foucault, this text examines cultural memory, modern ideas of race and gender, the roles of symbolism and mythology, and neoliberalism’s impact on psychology. Through clinical vignettes and suggested applications, it demonstrates significant alternatives to the isolated individualism of Western philosophy and psychology. This interdisciplinary volume is essential reading for clinicians and anyone looking to augment their understanding of how human beings are shaped by the societies they inhabit.
Race-ing Justice, En-gendering Power: Essays on Anita Hill, Clarence Thomas, and the Construction Of Social Reality
by Toni MorrisonIt was perhaps the most wretchedly aspersive race and gender scandal of recent times: the dramatic testimony of Anita Hill at the Senate hearings on the confirmation of Clarence Thomas as Supreme Court Justice. Yet even as the televised proceedings shocked and galvanized viewers not only in this country but the world over, they cast a long shadow on essential issues that define America. <p><p>In Race-ing Justice, En-gendering Power, Nobel Prize winner Toni Morrison contributes an introduction and brings together eighteen provocative essays, all but one written especially for this book, by prominent and distinguished academicians—Black and white, male and female. These writings powerfully elucidate not only the racial and sexual but also the historical, political, cultural, legal, psychological, and linguistic aspects of a signal and revelatory moment in American history.
Race-ing Moral Formation: African American Perspectives on Care and Justice
by Vanessa Siddle Walker John R. SnareyIn this volume the editors incorporate the experiences of African Americans into the discourse on moral-development theory and moral education. By citing historical developments from the days of slavery to the present, the authors provide a framework through which one can interpret the way morality has been cultivated amongst Black minorities. Presenting intriguing essays of well-known African American scholars, the editors discuss both the psychology of moral formation among African American children, adolescents, and adults, and the practical implications of this knowledge.
Racial Culture: A Critique
by Richard T. FordWhat is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.
Racial Culture: A Critique
by Richard T. FordWhat is black culture? Does it have an essence? What do we lose and gain by assuming that it does, and by building our laws accordingly? This bold and provocative book questions the common presumption of political multiculturalism that social categories such as race, ethnicity, gender, and sexuality are defined by distinctive cultural practices. Richard Ford argues against law reform proposals that would attempt to apply civil rights protections to "cultural difference." Unlike many criticisms of multiculturalism, which worry about "reverse discrimination" or the erosion of core Western cultural values, the book's argument is primarily focused on the adverse effects of multicultural rhetoric and multicultural rights on their supposed beneficiaries. In clear and compelling prose, Ford argues that multicultural accounts of cultural difference do not accurately describe the practices of social groups. Instead these accounts are prescriptive: they attempt to canonize a narrow, parochial, and contestable set of ideas about appropriate group culture and to discredit more cosmopolitan lifestyles, commitments, and values. The book argues that far from remedying discrimination and status hierarchy, "cultural rights" share the ideological presuppositions, and participate in the discursive and institutional practices, of racism, sexism, and homophobia. Ford offers specific examples in support of this thesis, in diverse contexts such as employment discrimination, affirmative action, and transracial adoption. This is a major contribution to our understanding of today's politics of race, by one of the most distinctive and important young voices in America's legal academy.
Racial Discrimination and Private Education: A Legal Analysis
by Arthur S. MillerMiller discusses the possible governmental sanctions against integration and the possible ways in which the guarantees of the First and Fourteenth Amendments might be sought and obtained for private schools. He also analyzes the possible effects of discriminatory administrative enforcement of laws as a weapon against integration and the use of and protection against extra-legal sanctions.Originally published in 1957.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.
Racial Disparities in the Department of the Air Force Military Justice System (Report ; #A1751-1)
by Nelson Lim Shamena Anwar Jhacova WilliamsAlthough the existence of racial disparities within the Department of the Air Force military justice system has been well established, the causes of these disparities have not yet been determined. This report uses a mixed methods approach to identify how disparities in the military justice system can arise, at what stages of the system the disparities occur, and what factors can explain the disparities.
Racial Emotion at Work: Dismantling Discrimination and Building Racial Justice in the Workplace
by Tristin K. GreenThis timely book unravels race and emotion in the workplace—exploring why racial emotion is often left out of equity conversations and why we must confront it.Racial Emotion at Work is an invitation to understand our own emotions and associated behaviors around race—and much more. With this surprising and timely book, Tristin K. Green takes us beyond diversity trainings and other individualized solutions to discrimination and inequality in employment, calling for sweeping changes in how the law and work organizations treat and shape racial emotions. Green provides readers with the latest research on racial emotions in interracial interactions and ties this research to thinking about discrimination and disadvantage at work. We see how our racial emotions can result in discrimination, and how our institutions—the law and work organizations—value and skew our racial emotions in ways that place the brunt of negative consequences on people of color. It turns out we need to reset our institutional and not just our personal radars on racial emotion to advance racial justice. Racial Emotion at Work shows how we can rise to the task.
Racial Justice and the Catholic Church
by Bryan N. MassingaleRacial Justice and the Catholic Church examines the presence of racism and the resources within Catholic teaching and within the black experience, particularly the work of Martin Luther King, Jr. that can combat it and promote reconciliation and justice.
Racial Justice and the Limits of Law
by Bharat MalkaniRacial justice is never far from the headlines. The Windrush Scandal, the toppling of the statue of Edward Colston and racism within the police have all recently captured the public’s attention and generated legal action. But, although the ideals of the legal system such as fairness and equality, seem allied to the struggle for racial justice, all too often campaigners have been let down by the system. This book examines law’s troubled relationship with racial justice. It explains that law’s historical role in creating and perpetuating racial injustices continues to stifle its ability to advance the cause of racial justice today. Both a lawyer’s guide to anti-racism and an anti-racist’s guide to legal action, it unites these perspectives to help both groups understand how to use the law to tackle racial injustices.
Racial Profiling: Everyday Inequality
by Alison Marie BehnkeIn the United States, racial profiling affects thousands of Americans every day. Both individuals and institutions—such as law enforcement agencies, government bodies, and schools—routinely use race or ethnicity as grounds for suspecting someone of an offense. The high-profile deaths of unarmed people of color at the hands of police officers have brought renewed national attention to racial profiling and have inspired grassroots activism from groups such as Black Lives Matter. Combining rigorous research with powerful personal stories, this insightful title explores the history, the many manifestations, and the consequences of this form of social injustice.
Racial Profiling: They Stopped Me Because I'm ------------!
by Michael L. BirzerMany racial minority communities claim profiling occurs frequently in their neighborhoods. Police authorities, for the most part, deny that they engage in racially biased police tactics. A handful of books have been published on the topic, but they tend to offer only anecdotal reports offering little reliable insight. Few use a qualitative methodol
Racial Reconciliation and the Healing of a Nation: Beyond Law and Rights (The Charles Hamilton Houston Institute Series on Race and Justice #2)
by Charles J. Ogletree Jr. Austin SaratThe work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.
Racial Subordination in Latin America
by Tanya Kateri HernandezThere are approximately 150 million people of African descent in Latin America yet Afro-descendants have been consistently marginalized as undesirable elements of the society. Latin America has nevertheless long prided itself on its absence of U.S.-styled state-mandated Jim Crow racial segregation laws. This book disrupts the traditional narrative of Latin America's legally benign racial past by comprehensively examining the existence of customary laws of racial regulation and the historic complicity of Latin American states in erecting and sustaining racial hierarchies. Tanya Katerí Hernández is the first author to consider the salience of the customary law of race regulation for the contemporary development of racial equality laws across the region. Therefore, the book has a particular relevance for the contemporary U.S. racial context in which Jim Crow laws have long been abolished and a 'post-racial' rhetoric undermines the commitment to racial equality laws and policies amidst a backdrop of continued inequality.
Racial Union: Law, Intimacy, and the White State in Alabama, 1865-1954
by Julie NovkovIn November 2001, the state of Alabama opened a referendum on its long-standing constitutional prohibition against interracial marriage. A bill on the state ballot offered the opportunity to relegate the state's antimiscegenation law to the dustbin of history. The measure passed, but the margin was alarmingly slim: more than half a million voters, 40 percent of those who went to the polls, voted to retain a racist and constitutionally untenable law. Julie Novkov's Racial Union explains how and why, nearly forty years after the height of the civil rights movement, Alabama struggled to repeal its prohibition against interracial marriage---the last state in the Union to do so. Novkov's compelling history of Alabama's battle over miscegenation shows how the fight shaped the meanings of race and state over ninety years. Novkov's work tells us much about the sometimes parallel, sometimes convergent evolution of our concepts of race and state in the nation as a whole.
Racial and Prejudicial Stereotyping by Police: Its Impact on Investigative Interviewing and the Outcomes of Criminal Investigations (ISSN)
by Rashid MinhasThis book uncovers the influence of racial and prejudicial stereotyping during police investigation of suspects from stigmatised communities. The book examines the under-researched aspect of whether and how negative stereotypes appear to influence the police interviews, investigative decision-making, and outcomes of criminal investigations when officers investigate individuals from stigmatised communities as suspects of crime.In the United Kingdom, the United States, and Europe, the war on terror has been argued to impact adversely on existing race relations policies in the aftermath of terrorist activity in both the United States and Europe. Recent research has suggested that changes in legislation and counterterrorism measures have contributed to the construction and reinforcement of the Muslim community as a suspect, which, in turn, may result in police bias and prejudice towards members of Muslim communities. Based on novel and groundbreaking research studies, the author examines whether such police bias could influence the police investigation and interviewing processes concerning individuals from the suspect community as well as the outcome of a criminal investigation.The author introduces the Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS), an instrument developed and used to assess the level of police interviewers’ racial and prejudicial stereotyping towards suspects from stigmatised groups, and maintains that its use would serve to minimise the influence of racial and prejudicial stereotypes on investigation. It is further suggested that the training of police officers on the implications of such prejudicial (racial/ religious) stereotyping is essential to improving interviewing performance, case outcomes, and community cohesion.This book will benefit academics, researchers, police officers, lawyers, social policy officers, and probation officers across the globe.