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This landmark volume chronicles the history of laws banning interracial marriage in the United States with particular emphasis on the case of Richard and Mildred Loving, a white man and a black woman who were convicted by the state of Virginia of the crime of marrying across racial lines in the late 1950s. The Lovings were not activists, but their battle to live together as husband and wife in their home state instigated the 1967 U.S. Supreme Court ruling that antimiscegenation laws were unconstitutional, which ultimately resulted in the overturning of laws against interracial marriage that were still in effect in sixteen states by the late 1960s.
The impact and ramifications of cases argued before the Supreme Court are felt for decades, if not centuries. Only the most important issues of the day and the land make it to the nine justices, and the effects of their decisions reach far beyond the litigants. Under discussion here are five of the most momentous Supreme Court cases ever. They include Marbury v. Madison, Roe v. Wade, Dred Scott, Brown v. Board of Education, and The Pentagon Papers. An absorbing exploration of enormously controversial events, the series details, highlights, and clarifies the complex legal arguments of both sides. Placing the cases within their historical context (though they ultimately emerge as "works in progress"), the authors reveal each decision's relevance both to the past and the present. The result is a fascinating glimpse across the centuries into the workings of the Supreme Court and the American judicial system. Highlights and Features - Fascinating, highly relevant Supreme Court cases - Accessible discussion of complex legal theory - Portrait of the American legal system as a "work in progress" - Primary source materials
The editors of Life Magazine, a mass-produced picture magazine, composed picture narratives that entertained, informed, and influenced mid-twentieth-century American society. Photo-Essays about Asian American Women in Life Magazine 1936 to 1965: Hidden Narratives and Breaking Stereotypes is a rhetorical analysis of how Life Magazine’s photo-essays represented and shaped white American middle-class attitudes toward Asian American women. In the time period studied, 1936 to1965, most white Americans were exposed to Asian woman primarily through film or in illustrated drawings. Hollywood in particular created caricatures depicting Asian women as evil dragon ladies or sex slaves, both of which implied prostitution, which affected their legal and social standing in early and mid-twentieth-century America. The book illustrates the ways in which the Life editors utilized the photo-essay as a narrative art form to counter stereotypical and racist Hollywood depictions of Asian women as prostitutes and to envision them as part of the American middle class, thereby promoting a sense of national identity that included Asians as Americans. This book will be of interest to scholars in the fields of women’s studies, cultural studies, visual culture, Asian American studies, and history.
From acclaimed author Patricia Hruby Powell comes the story of a landmark civil rights case, told in spare and gorgeous verse. In 1955, in Caroline County, Virginia, amidst segregation and prejudice, injustice and cruelty, two teenagers fell in love. Their life together broke the law, but their determination would change it. Richard and Mildred Loving were at the heart of a Supreme Court case that legalized marriage between races, and a story of the devoted couple who faced discrimination, fought it, and won.
The term "culture wars" refers to the political and sociological polarisation that has characterised American society the past several decades. This new edition provides an enlightening and comprehensive A-to-Z ready reference, now with supporting primary documents, on major topics of contemporary importance for students, teachers, and the general reader. It aims to promote understanding and clarification on pertinent topics that too often are not adequately explained or discussed in a balanced context. With approximately 640 entries plus more than 120 primary documents supporting both sides of key issues, this is a unique and defining work, indispensable to informed discussions of the most timely and critical issues facing America today.
One of the law’s most important and far-reaching roles is to govern family life and family members. Family law decides who counts as kin, how family relationships are created and dissolved, and what legal rights and responsibilities come with marriage, parenthood, sibling ties, and other family bonds. Yet despite its significance, the field remains remarkably understudied and poorly understood both within and outside the legal community. Family Law Reimagined is the first book to evaluate the canonical narratives, examples, and ideas that legal decisionmakers repeatedly invoke to explain family law and its governing principles. These stories contend that family law is exclusively local, that it repudiates market principles, that it has eradicated the imprint of common law doctrines which subordinated married women, that it is dominated by contract rules permitting individuals to structure their relationships as they choose, and that it consistently prioritizes children’s interests over parents’ rights. In this book, Jill Elaine Hasday reveals how family law’s canon misdescribes the reality of family law, misdirects attention away from the actual problems that family law confronts, and misshapes the policies that legal authorities pursue. She demonstrates how much of the “common sense” that decisionmakers expound about family law actually makes little sense. Family Law Reimagined uncovers and critiques the family law canon and outlines a path to reform. Challenging conventional answers and asking questions that judges and lawmakers routinely overlook, it calls on us to reimagine family law.
In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia—as in twenty-three other states then—interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation’s history. Race, Sex, and the Freedom to Marry tells the story of this couple and the case that forever changed the law of race and marriage in America. The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters—the couple, two young attorneys, and a crusty local judge who twice presided over their case—as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In Race, Sex, and the Freedom to Marry, Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context—even at the center—of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity—distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage. A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.
"Cases and materials on family law for law students taking a family law course"--
The landmark story of how interracial love and marriage changed American history—and continues to alter the landscape of American politics When Mildred and Richard Loving wed in 1958, they were ripped from their shared bed and taken to court. Their crime: miscegenation, punished by exile from their home state of Virginia. The resulting landmark decision of Loving v. Virginia ended bans on interracial marriage and remains a signature case—the first to use the words “white supremacy” to describe such racism. Drawing from the earliest chapters in US history, legal scholar Sheryll Cashin reveals the enduring legacy of America’s original sin, tracing how we transformed from a country without an entrenched construction of race to a nation where one drop of nonwhite blood merited exclusion from full citizenship. In vivid detail, she illustrates how the idea of whiteness was created by the planter class of yesterday and is reinforced by today’s power-hungry dog-whistlers to divide struggling whites and people of color, ensuring plutocracy and undermining the common good. Not just a hopeful treatise on the future of race relations in America, Loving challenges the notion that trickle-down progressive politics is our only hope for a more inclusive society. Accessible and sharp, Cashin reanimates the possibility of a future where interracial understanding serves as a catalyst of a social revolution ending not in artificial color blindness but in a culture where acceptance and difference are celebrated.
This Encyclopedia on American history and law is the first devoted to examining the issues of civil liberties and their relevance to major current events while providing a historical context and a philosophical discussion of the evolution of civil liberties. Coverage includes the traditional civil liberties: freedom of speech, press, religion, assembly, and petition. In addition, it also covers concerns such as privacy, the rights of the accused, and national security. Alphabetically organized for ease of access, the articles range in length from 250 words for a brief biography to 5,000 words for in-depth analyses. Entries are organized around the following themes: organizations and government bodies legislation and legislative action, statutes, and acts historical overviews biographies cases themes, issues, concepts, and events. The Encyclopedia of American Civil Liberties is an essential reference for students and researchers as well as for the general reader to help better understand the world we live in today.