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Race, Space, and the Law belongs to a growing field of exploration that spans critical geography, sociology, law, education, and critical race and feminist studies. Writers who share this terrain reject the idea that spaces, and the arrangement of bodies in them, emerge naturally over time. Instead, they look at how spaces are created and the role of law in shaping and supporting them. They expose hierarchies that emerge from, and in turn produce, oppressive spatial categories. The authors' unmapping takes us through drinking establishments, parks, slums, classrooms, urban spaces of prostitution, parliaments, the main streets of cities, mosques, and the U.S.-Canada and U.S.-Mexico borders. Each example demonstrates that "place," as a Manitoba Court of Appeal judge concluded after analyzing a section of the Indian Act, "becomes race."
Black and white Americans have occupied separate spaces since the days of "the big house" and "the quarters." But the segregation and racialization of American society was not a natural phenomenon that "just happened." The decisions, enacted into laws, that kept the races apart and restricted blacks to less desirable places sprang from legal reasoning which argued that segregated spaces were right, reasonable, and preferable to other arrangements. In this book, David Delaney explores the historical intersections of race, place, and the law. Drawing on court cases spanning more than a century, he examines the moves and countermoves of attorneys and judges who participated in the geopolitics of slavery and emancipation; in the development of Jim Crow segregation, which effectively created apartheid laws in many cities; and in debates over the "doctrine of changed conditions," which challenged the legality of restrictive covenants and private contracts designed to exclude people of color from white neighborhoods. This historical investigation yields new insights into the patterns of segregation that persist in American society today.
Law schools serve as gateway institutions into one of the most politically powerful social fields: the profession of law. Reproducing Racism is an examination of white privilege and power in two elite United States law schools. Moore examines how racial structures, racialized everyday practices, and racial discourses function in law schools. Utilizing an ethnographic lens, Moore explores the historical construction of elite law schools as institutions that reinforce white privilege and therefore naturalize white political, social, and economic power.
Intended for use with the authors’ forthcoming casebook, Race, Racism, and American Law, Seventh Edition (forthcoming 2024), Race, Racism, and American Law: Leading Cases and Materials includes significant historical and contemporary cases and materials edited with an aim to foreground the most relevant sections and passages to illustrate the crucial role of race in the formation of US law. This new edition of Derrick Bell’s groundbreaking textbook Race, Racism, and American Law, like prior versions, eschews a traditional casebook format. The locus of analysis in this text is the struggle for racial justice, and its underlying history and political context as reflected in the ongoing contestation over law, legal reform, and transformation. As such the supplement includes but is not limited to Supreme Court cases. We follow Bell’s model of locating all edited cases and materials in the supplement, reserving the book’s text to provide historical and political context for significant cases or legislative actions, along with hypothetical questions, comments, and other tools of analysis. Professors and students will benefit from: Both legal and non-legal primary source material.Leading Cases and Materials includes selected historical and contemporary cases, legislation, and other legal materials that foreground the crucial role of race and racism, and the struggle for racial justice, within and through US law. A carefully selected compilation of United States Supreme Court Cases. Each case is chosen to guide readers through elements of US jurisprudence which reflect both reform and retrenchment of societal inequity as it relates to the question of race. Cases range from significant 18th century cases such as Johnson v. McIntosh (1823) (indigenous people cannot transfer full title to land) to contemporary civil rights decisions such as Brnovich v. Democratic National Committee (2021) (further limiting the reach of the Voting Rights Act) and Comcast v. National Association of African American Owned Media (2020) (limiting protections against racial discrimination in contracting). Doctrinally and theoretically significant cases from lower federal courts and state courts. Cases from lower courts are selected to provide critical race insights into how judicial institutions outside the US Supreme Court shape doctrine and debates over race and racial inequality. Cases range from Acre v. Douglass (9th Cir. 2015) (ban on teaching of Mexican American studies found unconstitutional) to Lobato v. Taylor (Colo. 2003) (speculator attempts to divest Mexican American landowners with defective title derived from Mexico). Significant legislative and executive legal documents. This supplement includes materials going beyond traditional edited cases, reflecting the insight that a critical race analysis necessitates a grasp of law beyond the courts. Additional materials range from the United States Department of Justice Investigation of the Ferguson Police Department (2015) to the George Floyd Justice in Policing Act of 2020. Benefits for instructors and students: Provokes discussion on contemporary and historical legal controversies cases and materials edited to address issues the lens of critical race theory’s conceptual framework
What is a Canadian critical race feminism? As the contributors to this book note, the interventions of Canadian critical race feminists work to explicitly engage the Canadian state as a white settler society. The collection examines Indigenous peoples within the Canadian settler state and Indigenous women within feminism; the challenges posed by the settler state for women of colour and Indigenous women; and the possibilities and limits of an anti-colonial praxis. Critical race feminism, like critical race theory more broadly, interrogates questions about race and gender through an emancipatory lens, posing fundamental questions about the persistence if not magnification of race and the “colour line” in the twenty-first century. The writers of these articles whether exploring campus politics around issues of equity, the media’s circulation of ideas about a tolerant multicultural and feminist Canada, security practices that confine people of colour to spaces of exception, Indigenous women’s navigation of both nationalism and feminism, Western feminist responses to the War on Terror, or the new forms of whiteness that persist in ideas about a post-racial world or in transnational movements for social justice insist that we must study racialized power in all its gender and class dimensions. The contributors are all members of Researchers and Academics of Colour for Equity.
While Chicago has the second-largest Mexican population among U.S. cities, relatively little ethnographic attention has focused on its Mexican community. This much-needed ethnography of Mexicans living and working in Chicago examines processes of racialization, labor subordination, and class formation; the politics of nativism; and the structures of citizenship and immigration law. Nicholas De Genova develops a theory of “Mexican Chicago” as a transnational social and geographic space that joins Chicago to innumerable communities throughout Mexico. “Mexican Chicago” is a powerful analytical tool, a challenge to the way that social scientists have thought about immigration and pluralism in the United States, and the basis for a wide-ranging critique of U.S. notions of race, national identity, and citizenship. De Genova worked for two and a half years as a teacher of English in ten industrial workplaces (primarily metal-fabricating factories) throughout Chicago and its suburbs. In Working the Boundaries he draws on fieldwork conducted in these factories, in community centers, and in the homes and neighborhoods of Mexican migrants. He describes how the meaning of “Mexican” is refigured and racialized in relation to a U.S. social order dominated by a black-white binary. Delving into immigration law, he contends that immigration policies have worked over time to produce Mexicans as the U.S. nation-state’s iconic “illegal aliens.” He explains how the constant threat of deportation is used to keep Mexican workers in line. Working the Boundaries is a major contribution to theories of race and transnationalism and a scathing indictment of U.S. labor and citizenship policies.
A 2021 C. Wright Mills Award Finalist Shows how government created “ghettos” and affluent white space and entrenched a system of American residential caste that is the linchpin of US inequality—and issues a call for abolition. The iconic Black hood, like slavery and Jim Crow, is a peculiar American institution animated by the ideology of white supremacy. Politicians and people of all colors propagated “ghetto” myths to justify racist policies that concentrated poverty in the hood and created high-opportunity white spaces. In White Space, Black Hood, Sheryll Cashin traces the history of anti-Black residential caste—boundary maintenance, opportunity hoarding, and stereotype-driven surveillance—and unpacks its current legacy so we can begin the work to dismantle the structures and policies that undermine Black lives. Drawing on nearly 2 decades of research in cities including Baltimore, St. Louis, Chicago, New York, and Cleveland, Cashin traces the processes of residential caste as it relates to housing, policing, schools, and transportation. She contends that geography is now central to American caste. Poverty-free havens and poverty-dense hoods would not exist if the state had not designed, constructed, and maintained this physical racial order. Cashin calls for abolition of these state-sanctioned processes. The ultimate goal is to change the lens through which society sees residents of poor Black neighborhoods from presumed thug to presumed citizen, and to transform the relationship of the state with these neighborhoods from punitive to caring. She calls for investment in a new infrastructure of opportunity in poor Black neighborhoods, including richly resourced schools and neighborhood centers, public transit, Peacemaker Fellowships, universal basic incomes, housing choice vouchers for residents, and mandatory inclusive housing elsewhere. Deeply researched and sharply written, White Space, Black Hood is a call to action for repairing what white supremacy still breaks. Includes historical photos, maps, and charts that illuminate the history of residential segregation as an institution and a tactic of racial oppression.
No American city’s history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America’s most privileged community of people of African descent. In the eyes of the law, New Orleans’s free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were “negroes,” free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans’s creoles of color remained legally and culturally distinct from “negroes” throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana’s gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process.
American society has been long plagued by cycles of racial violence, most dramatically in the 1960s when hundreds of ghetto uprisings erupted across American cities. Though the larger, underlying causes of contentious race relations have remained the same, the lethality, intensity, and outcomes of these urban rebellions have varied widely. What accounts for these differences? And what lessons can be learned that might reduce the destructive effects of riots and move race relations forward? This impressive, meticulously detailed study is the first attempt to compare six major race riots that occurred in the three largest American urban areas during the course of the twentieth century: in Chicago in 1919 and 1968; in New York in 1935/1943 and 1964; and in Los Angeles in 1965 and 1992. Race, Space, and Riots in Chicago, New York, and Los Angeles weaves together detailed narratives of each riot, placing them in their changing historical contexts and showing how urban space, political regimes, and economic conditions--not simply an abstract "race conflict"--have structured the nature and extent of urban rebellions. Building on her previous groundbreaking comparative history of these three cities, Janet Abu-Lughod draws upon archival research, primary sources, case studies, and personal observations to reconstruct events--especially for the 1964 Harlem-Bedford Stuyvesant uprising and Chicago's 1968 riots where no documented studies are available. By focusing on the similarities and differences in each city, identifying the unique and persisting issues, and evaluating the ways political leaders, law enforcement, and the local political culture have either defused or exacerbated urban violence, this book points the way toward alleviating long-standing ethnic and racial tensions. A masterful analysis from a renowned urbanist, Race, Space, and Riots in Chicago, New York, and Los Angeles offers a deeper understanding of past--and future--urban race relations while emphasizing that until persistent racial and economic inequalities are meaningfully resolved, the tensions leading to racial violence will continue to exist in America's cities and betray our professed democratic values.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.