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Race in the Shadow of Law

Race in the Shadow of Law
Author: Eddie Bruce-Jones
Publisher: Taylor & Francis
Total Pages: 196
Release: 2016-12-01
Genre: Law
ISBN: 131723328X

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Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.


The Long, Lingering Shadow

The Long, Lingering Shadow
Author: Robert J. Cottrol
Publisher: University of Georgia Press
Total Pages: 388
Release: 2013-02-01
Genre: Law
ISBN: 0820344761

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Students of American history know of the law’s critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such topics as slavery, emancipation, scientific racism, immigration policies, racial classifications, and legal processes, Cottrol unravels a complex odyssey. By the eve of the Civil War, the U.S. slave system was rooted in a legal and cultural foundation of racial exclusion unmatched in the Western Hemisphere. That system’s legacy was later echoed in Jim Crow, the practice of legally mandated segregation. Jim Crow in turn caused leading Latin Americans to regard their nations as models of racial equality because their laws did not mandate racial discrimination— a belief that masked very real patterns of racism throughout the Americas. And yet, Cottrol says, if the United States has had a history of more-rigid racial exclusion, since the Second World War it has also had a more thorough civil rights revolution, with significant legal victories over racial discrimination. Cottrol explores this remarkable transformation and shows how it is now inspiring civil rights activists throughout the Americas.


Race in the Shadow of Law

Race in the Shadow of Law
Author: Eddie Bruce-Jones
Publisher: Routledge
Total Pages: 202
Release: 2016-12-01
Genre: Law
ISBN: 1317233271

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Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.


Evading International Norms

Evading International Norms
Author: Zoltan Buzas
Publisher: University of Pennsylvania Press
Total Pages: 328
Release: 2021-01-01
Genre: Political Science
ISBN: 0812252691

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How do states violate human rights norms after legalization? Why are these violations so persistent? What are the limits of legalization for protecting human rights norms? Conventional wisdom offers a variety of answers to these questions, but most often they conflate laws and norms and focus only on state actions that violate both. While this focus is undoubtedly valuable, it does not capture cases in which states violate human rights norms without technically violating the law. Norm breakers are not necessarily lawbreakers. Focusing exclusively on norm violations that are illegal obscures the possibility that agents could violate norms in a legal manner, engaging in actions that are awful but lawful. Presenting rich case studies of the French expulsion of Roma immigrants from 2007 to 2017 and the Czech segregation of Roma children in schools for those with mild mental disabilities between 1993 and 2017, Evading International Norms argues that the violation of human rights norms often continues after legalization under the cover of technical legality. While laws and norms overlap, interact, and shape each other in many ways, they tend to reflect each other only selectively, which leads to the existence of norm-law gaps. Taking advantage of such gaps, states resist unwanted human rights obligations by transgressing international human rights norms without violating the laws designed to protect them—a process Zoltán I. Búzás names norm evasion. Based on a wealth of evidence, including more than 160 interviews, the book shows that the treatment of the Roma by France and the Czech Republic violated the norm of racial equality in a technically legal fashion. Búzás cautions that the good news about law compliance is not necessarily good news about norm compliance and draws attention to racial discrimination against the Roma, one of the largest and most marginalized European minorities.


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.


In Lady Liberty's Shadow

In Lady Liberty's Shadow
Author: Robyn Magalit Rodriguez
Publisher: Rutgers University Press
Total Pages: 256
Release: 2017-06-22
Genre: Social Science
ISBN: 0813570107

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Home to Ellis Island, New Jersey has been the first stop for many immigrant groups for well over a century. Yet in this highly diverse state, some of the most anti-immigrant policies in the nation are being tested. American suburbs are home to increasing numbers of first and second-generation immigrants who may actually be bypassing the city to settle directly into the neighborhoods that their predecessors have already begun to plant roots in—a trajectory that leads to nativist ordinances and other forms of xenophobia. In Lady Liberty’s Shadow examines popular white perceptions of danger represented by immigrants and their children, as well the specter that lurks at the edges of suburbs in the shape of black and Latino urban underclasses and the ever more nebulous hazard of (presumed-Islamic) terrorism that threatening to undermine “life as we know it.” Robyn Magalit Rodriguez explores the impact of anti-immigrant municipal ordinances on a range of immigrant groups living in varied suburban communities, from undocumented Latinos in predominantly white suburbs to long-established Asian immigrants in “majority-minority” suburbs. The “American Dream” that suburban life is supposed to represent is shown to rest on a racialized, segregated social order meant to be enjoyed only by whites. Although it is a case study of New Jersey, In Lady Liberty’s Shadow offers crucial insights that can shed fresh light on the national immigration debate. For more information, go to: https://www.facebook.com/inlibertysshadow


In the Shadow of International Law

In the Shadow of International Law
Author: Michael Poznansky
Publisher: Oxford University Press
Total Pages: 288
Release: 2020-04-28
Genre: Political Science
ISBN: 0190096616

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Secrecy is a staple of world politics and a pervasive feature of political life. Leaders keep secrets as they conduct sensitive diplomatic missions, convince reluctant publics to throw their support behind costly wars, and collect sensitive intelligence about sworn enemies. In the Shadow of International Law explores one of the most controversial forms of secret statecraft: the use of covert action to change or overthrow foreign regimes. Drawing from a broad range of cases of US-backed regime change during the Cold War, Michael Poznansky develops a legal theory of covert action to explain why leaders sometimes turn to covert action when conducting regime change, rather than using force to accomplish the same objective. He highlights the surprising role international law plays in these decisions and finds that once the nonintervention principle-which proscribes unwanted violations of another state's sovereignty-was codified in international law in the mid-twentieth century, states became more reluctant to pursue overt regime change without proper cause. Further, absent a legal exemption to nonintervention such as a credible self-defense claim or authorization from an international body, states were more likely to pursue regime change covertly and concealing brazen violations of international law. Shining a light on the secret underpinnings of the liberal international order, the conduct of foreign-imposed regime change, and the impact of international law on state behavior, Poznansky speaks to the potential consequences of America abandoning its role as the steward of the postwar order, as well as the promise and peril of promoting new rules and norms in cyberspace.


Race, Racism, and American Law

Race, Racism, and American Law
Author: Derrick A. Bell
Publisher:
Total Pages: 989
Release: 1970
Genre: African Americans
ISBN:

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Race, Law and Public Policy

Race, Law and Public Policy
Author: Robert Johnson (Jr.)
Publisher: Black Classic Press
Total Pages: 552
Release: 1998
Genre: Law
ISBN: 9781580730198

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The Aliites

The Aliites
Author: Spencer Dew
Publisher: University of Chicago Press
Total Pages: 251
Release: 2019-08-20
Genre: Religion
ISBN: 022664801X

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“Citizenship is salvation,” preached Noble Drew Ali, leader of the Moorish Science Temple of America in the early twentieth century. Ali’s message was an aspirational call for black Americans to undertake a struggle for recognition from the state, one that would both ensure protection for all Americans through rights guaranteed by the law and correct the unjust implementation of law that prevailed in the racially segregated United States. Ali and his followers took on this mission of citizenship as a religious calling, working to carve out a place for themselves in American democracy and to bring about a society that lived up to what they considered the sacred purpose of the law. In The Aliites, Spencer Dew traces the history and impact of Ali’s radical fusion of law and faith. Dew uncovers the influence of Ali’s teachings, including the many movements they inspired. As Dew shows, Ali’s teachings demonstrate an implicit yet critical component of the American approach to law: that it should express our highest ideals for society, even if it is rarely perfect in practice. Examining this robustly creative yet largely overlooked lineage of African American religious thought, Dew provides a window onto religion, race, citizenship, and law in America.