Explores the reach of the law into our most personal and private romantic lives
The Architecture of Desire examines how the law influences our most personal and private choices--who we desire and choose as intimate partners--and explores the psychological, economic, and social effects of these choices. Romantic preferences, as shaped by law, perpetuate segregation and subordination by limiting, on the basis of race, individuals' prospects for marriage and marriage-like commitments, as well as economic and social mobility. The book begins by tracing the legacy of slavery, anti-miscegenation, segregation, and racially discriminatory immigration laws to show how this legal landscape facilitated the residential, economic, and social distance between racial and ethnic groups, which in turn continue to shape romantic preferences today. Solangel Maldonado argues that the law further influences intimate choices by structuring the spaces within which individuals meet and interact via practices such as redlining, gentrification, and zoning. Maldonado includes studies of online and offline dating preferences to demonstrate that romantic predilections follow a gendered racial hierarchy in which Whites are at the top, African-Americans at the bottom, and--depending on skin tone--Asian-Americans and Latinos in the middle. These preferences may be explicit, implicit, or both, but they are usually the result of stereotypes reflected in social and cultural norms. Furthermore, since marriage confers substantial legal, economic, and social advantages, sexual racism further limits an individual's opportunity to find a partner and reap these benefits. Finally, the book proposes ways to minimize the law's influence over who we desire, love, and bring into our families, such as changes to dating platforms as well as to housing, education, and transportation policies.Usual Cruelty is a radical reconsideration of the American injustice system by someone who is actively--and successfully--challenging it. Hailed as a fiery indictment (Publishers Weekly) as well as a compelling and damning argument (Slate), Usual Cruelty offers a paradigm-shifting look at our legal system and the central role lawyers play in the punishment bureaucracy. Passionately argued (The New Yorker), the book explores the viciousness of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights leaders of our time.
From an award-winning civil rights lawyer, a profound challenge to our society's normalization of the caging of human beings, and the role of the legal profession in perpetuating it Usual Cruelty cuts to the core of what is critical to understand about our legal system, and about ourselves.
--Anthony D. Romero, executive director, ACLU
Alec Karakatsanis is interested in what we choose to punish. For example, it is a crime in most of America for poor people to wager in the streets over dice; dice-wagerers can be seized, searched, have their assets forfeited, and be locked in cages. It's perfectly fine, by contrast, for people to wager over international currencies, mortgages, or the global supply of wheat; wheat-wagerers become names on the wings of hospitals and museums.
He is also troubled by how the legal system works when it is trying to punish people. The bail system, for example, is meant to ensure that people return for court dates. But it has morphed into a way to lock up poor people who have not been convicted of anything. He's so concerned about this that he has personally sued court systems across the country, resulting in literally tens of thousands of people being released from jail when their money bail was found to be unconstitutional.
Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color and for which the legal system has never offered sufficient justification. Usual Cruelty is a profoundly radical reconsideration of the American injustice system by someone who is actively, wildly successfully, challenging it.
Malevolent Legalities draws upon archival research conducted at the Scalia Papers at the Harvard Law School Historical and Special Collections to examine the influence of Justice Antonin Scalia's judicial philosophy of textualist-originalism on the US Supreme Court's antidiscrimination jurisprudence. The book focuses on six US Supreme Court cases, organized into two parts. The main argument of the book, grounded in archival and legal materials, is that textualist-originalism makes it lawful for discrimination to be performed through the text, and explicitly seeks to prevent progress by enacting a regime of static law.
In Shelby County v. Holder (2013), Justice Ginsburg remarked that discrimination today behaves like the Hydra, the many-headed serpent in Ancient Greek mythology which regenerates each time its head is severed. The analysis of archival and legal materials is therefore prefaced by the development of a unique methodology for studying discrimination called discriminatology, understood as a framework for analyzing how discrimination persists through time, is performed through the text, and is a product of the manipulation of legal speech. In this way, Malevolent Legalities approaches the study of textualist-originalism as itself a vehicle for discrimination performed mala fide or in bad faith.
This disquieting yet important book describes the injustices, humiliations, and brutalities inflicted on African Americans in a racist culture that was created-and protected-by the forces of law and order.
Jim Crow Laws presents the history of the discriminatory laws that segregated people by race in the American South from the end of the Civil War through passage of the 1965 Civil Rights Act. To paint a true picture of these deplorable restrictions, this book provides a detailed analysis of the creation, defense, justification, and fight against the Jim Crow system. Among the subjects covered here are the origins of legal inequality for African Americans in the aftermath of the Civil War; the role of the U.S. Supreme Court in weakening constitutional protections against discrimination established in the 13th, 14th, and 15th Amendments; the white justification of segregation; and the extreme brutality of Jim Crow's defenders. Equally important, readers will learn about the psychological, political, social, and economic costs endured by the victims of Jim Crow inequality, as well as about the motivations, rejections, and successes faced by those who stood against these abominations.Outlines the successes and failures of the movement to support survivors of violence
The Victims' Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants' families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises closure to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on victimhood. He urges a reframing of the movement to fight for universal health care and limits on access to weapons--two policies that would reduce the number of victims and help those who do become victims of crime.Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A smoking gun of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color.
For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court's history, Chemerinsky--who has himself litigated cases dealing with police misconduct for decades--shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct.
Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon's presidency and the ascendance of conservative and originalist justices, whose rulings--in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases--have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds.
Written with a lawyer's knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt Dirty Harry can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein's The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before--and promising to transform our understanding of the systems that enable police brutality.Christmas Eve 1916 was festive as the town celebrated the holidays. By morning an entire white family lay dead, and numerous Black men are jailed. Soon they stand trial in a town torn apart by rage and racism during the re-birth of the Klan. However, things are not as they appear. The town must examine their lifelong biases as the astonishing truth is revealed. This is a true story of Race and Racism as experienced Grove, Lousiana, a small southern town. It was the trial of the Century
Structural Injustice and the Law analyses theoretical approaches and case studies to show how the development of Iris Marion Young's concept of structural injustice can aid legal analysis, and how legal reform can, in practice, reduce or even eliminate some forms of structural injustice.
Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out
A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson's volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.Structural Injustice and the Law analyses theoretical approaches and case studies to show how the development of Iris Marion Young's concept of structural injustice can aid legal analysis, and how legal reform can, in practice, reduce or even eliminate some forms of structural injustice.
UNLOCK THE SECRETS OF INFLUENCE AND CONTROL THAT SHAPE OUR WORLD.
Are you intrigued by the power dynamics that dictate societal roles?
Can understanding these forces lead to meaningful change?
If you answered yes, keep reading.
This comprehensive exploration delves into the intricate tapestry of gender and power. From the historical roots that have shaped societal norms to the modern-day challenges faced in the workplace, the text offers a critical examination of how gender influences authority and control. It highlights the intersectionality of gender with other social categories, providing a nuanced perspective on the power dynamics at play.
Through vivid storytelling and insightful analysis, the text serves as both an educational tool and a call for introspection. It challenges readers to reconsider preconceived notions and to recognize the pervasive influence of gender on power structures.
In its exploration of media representation, the book highlights the shifting narratives that continue to influence public perception and gender discourse. As it navigates through the complexities of power in various contexts, it remains a compelling read for anyone interested in the forces that shape our world.
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