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Black Labor and the American Legal System

Black Labor and the American Legal System
Author: Herbert Hill
Publisher: Univ of Wisconsin Press
Total Pages: 476
Release: 1985
Genre: Business & Economics
ISBN: 9780299105945

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Covering the period from the abolition of slavery through the events that preceded and affected the adoption of the Civil Rights Act of 1964, Black Labor and the American Legal System examines the major legislative and legal developments relating to the employment discrimination. The historical consequences of the racial practices of employers and organized labor, as well as of the federal government, are analyzed within the context of law and social change. The evolution of federal labor policy is traced through key decisions of the National Labor Relations Board and the courts as they have interpreted the application of labor law to racial discrimination.


Race, Racism, and American Law

Race, Racism, and American Law
Author: Derrick A. Bell
Publisher: Aspen Publishing
Total Pages: 1266
Release: 2023-02-01
Genre: Law
ISBN: 1543850308

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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


In the Matter of Color

In the Matter of Color
Author: A. Leon Higginbotham
Publisher: Oxford University Press
Total Pages: 548
Release: 1980-08-07
Genre: History
ISBN: 9780195027457

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Judge Higginbotham chronicles in unrelenting detail the role of the law in the enslavement and subjugation of black Americans during the colonial period. It is a moving book that should be read by all Americans who believe in justice and dignity for all.


The Evasion of African American Workers

The Evasion of African American Workers
Author: Roderick O. Ford
Publisher: Xlibris Corporation
Total Pages: 251
Release: 2008-10
Genre: Law
ISBN: 9781436367950

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EMPLOYMENT LAW STUDIES------ BOOK THEME: The Evasion of African American Workers dispels the euphoric idealism in vogue today which purports that civil rights laws and social protest movements are dispensable. It gives credence to the claims of millions of African American workers who believe that they have been discriminated against on their jobs and, simultaneously, it forcefully appeals to the American legal community to take the lead in taking action to avert disasterous socioeconomic consequences now facing the African American community.----- TABLE OF CONTENTS: (1). Chapter One: "The Great Implosion" (2). Chapter Two: "The Legacy of Chattel Slavery" (3). Chapter Three: "Origins of Race in the American Workforce" (4). Chapter Four: "Washington & DuBois Revisited" (5) Chapter Five: "Employment At Will" (6) Chapter Six: "Workplace Harassment: An American Tragedy" (7) Chapter Seven: "Racial Slurs and Symbols..." (8). Chapter Eight: "Surveillance and the Criminalization of Work" (9). Chapter Nine: "Degradation of Servitude- A New Common Law Doctrine" (10). Chapter Ten: "Risk Management, Race, and Employment" (11). Chapter Eleven: "Tale of an African American Worker" (12). Chapter Twelve: "Court Access and the African American Worker"------ BOOK SUMMARY: Chapters One through Four provide unique perspectives concentrating primarily upon the historical origins of the critical problems facing African American workers in the early part of the twenty-first century. Chapter One directs attention to three of the most critical relationships bolstering the African American Community: that of parent-child, husband-wife, and employer-employee. Chapter One offers a prophetic warning to this nation; namely, that disastrous genocidal consequences are imminent, should current trends persist unabated. Chapter Two focuses attention on the economic impact of American slavery on the current crisis: while African Americans make up thirteen percent of the total population of the United States, their net worth is only 1.2 percent of the total net worth of the nation, and this percentage of total net worth has not changed since the end of the Civil War in 1865. Next, Chapter Three analyzes the social impact of American slavery on the current crisis: the Free Soil and Free Labor movements which had coalesced into the Republican Party during the 1850´s, and nominated Abraham Lincoln as its anti-slavery presidential candidate in 1860, had been primarily and exclusively a white workers´ political movement. Thus, from the end of the Civil War in 1865, up through the 1950s, African American workers were systematically excluded from predominantly white labor unions, high-paying jobs, and apprenticeships in the trades. Finally, ending the historical component of this book, Chapter Four looks at two of Black America´s greatest leaders-- Booker T. Washington and W.E.B. Du Bois-- in an effort to isolate and to revitalize their essential thoughts on similar economic problems facing African American workers in these early days of the twenty-first century. *** Turning to traditional law topics-- the common law, statutory law, and constitutional law-- Chapters Five through Nine analyze weaknesses in the current American legal system: e.g., the draconian impact of the at-will employment doctrine on African American workers in Chapter Five; the daunting task of proving "discriminatory intent" in hostile work environment cases in Chapter Six; the increasing workplace tolerance of racial slurs and symbols in Chapter Seven; the devastating impact of incarcertaion, crime and workplace surveillance in Chapter Eight; and a recommendation for a newer, more pertinent legal doctrine (i.e., "the degradation of servitude") in Chapter Nine.*** Chapters Ten through Twelve close out the book with three novel and unique perspectives on African American employment problems. Chapter Ten purports that the risks of attaining


Race, Law, and American Society

Race, Law, and American Society
Author: Gloria J. Browne-Marshall
Publisher: Routledge
Total Pages: 397
Release: 2013-05-02
Genre: Law
ISBN: 1135087938

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This 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.


Black and Blue

Black and Blue
Author: Paul Frymer
Publisher: Princeton University Press
Total Pages: 220
Release: 2011-06-27
Genre: Political Science
ISBN: 140083726X

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In the 1930s, fewer than one in one hundred U.S. labor union members were African American. By 1980, the figure was more than one in five. Black and Blue explores the politics and history that led to this dramatic integration of organized labor. In the process, the book tells a broader story about how the Democratic Party unintentionally sowed the seeds of labor's decline. The labor and civil rights movements are the cornerstones of the Democratic Party, but for much of the twentieth century these movements worked independently of one another. Paul Frymer argues that as Democrats passed separate legislation to promote labor rights and racial equality they split the issues of class and race into two sets of institutions, neither of which had enough authority to integrate the labor movement. From this division, the courts became the leading enforcers of workplace civil rights, threatening unions with bankruptcy if they resisted integration. The courts' previously unappreciated power, however, was also a problem: in diversifying unions, judges and lawyers enfeebled them financially, thus democratizing through destruction. Sharply delineating the double-edged sword of state and legal power, Black and Blue chronicles an achievement that was as problematic as it was remarkable, and that demonstrates the deficiencies of race- and class-based understandings of labor, equality, and power in America.


The Color of Law: A Forgotten History of How Our Government Segregated America

The Color of Law: A Forgotten History of How Our Government Segregated America
Author: Richard Rothstein
Publisher: Liveright Publishing
Total Pages: 246
Release: 2017-05-02
Genre: Social Science
ISBN: 1631492861

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New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.


Only One Place of Redress

Only One Place of Redress
Author: David E. Bernstein
Publisher: Duke University Press
Total Pages: 207
Release: 2001-01-18
Genre: Law
ISBN: 0822383055

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In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks. A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day. Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.