Explores the lives and intellectual influences of the creators of Critical Race Theory
Critical race theory (CRT), a vital movement and discipline in American legal scholarship, has transformed our understanding of systemic racism. Yet despite insightful analysis revealing the threads of racism embedded in American institutions and society, it has been demonized by opponents at every turn, with numerous state legislators now seeking to ban its use in the classroom. The Origins of Critical Race Theory weaves together the many sources of critical race theory, recounting the origin story for one of the most insightful and controversial academic movements in U.S. history. In addition to introducing readers to the tenets and key insights of critical race theory, Martinez and Smith explore the lives and intellectual influences of the movement's founders, shedding light on how the many components of critical race theory eventually formed into a movement. Through archival research and interviews with scholars like Derrick Bell, Richard Delgado, and Jean Stefancic, Aja Y. Martinez and Robert O. Smith provide the personal side of critical race theory. They reveal that despite the Marxist menace it has recently been made out to be, critical race theory is an organic extension of the Civil Rights movement, a deeply human and deeply American response to ongoing systemic injustice and inequity. An insightful exploration into the story of a movement, The Origins of Critical Race Theory narrates the hidden influences, fascinating characters, and intellectual struggles that informed critical race theory's inception.Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties--making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity.
It wasn't always so. Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. But a handful of little-noticed changes in the late twentieth century brought about a new enclosure of the cultural commons, concentrating ownership of immaterial goods in very few hands. Copyright's metastasis can't be understood without knowing its backstory, a long tangle of high ideals, low greed, opportunism, and word-mangling that allowed poems and novels (and now, even ringtones and databases) to be treated as if they were no different from farms and houses. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. Nonetheless, countless revisions have made copyright ever stronger.
Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.
Stephen Bright emerged on the scene as a cause lawyer in the early decades of mass incarceration, when inflammatory politics and harsh changes to criminal justice policy were crashing down on the most vulnerable members of society. He dedicated his career to unleashing social change by representing clients that society had long ago discarded, and advocated for all to receive a fair trial.
In Demand the Impossible, Robert L. Tsai traces Bright's remarkable career to explore the legal ideas that were central to his relentless pursuit of equal justice. For nearly forty years, Bright led the Southern Center for Human Rights, a nonprofit that provided legal aid to incarcerated people and worked to improve conditions within the justice system. He argued four capital cases before the US Supreme Court--and won each one, despite facing an increasingly hostile bench. With each victory, he brought to light how the law itself had become corrupted by the country's thirst for severe punishment, exposing prosecutorial misconduct, continuing racial inequality, inadequate safeguards for people with intellectual disabilities, and the shameful quality of legal representation for the poor.
Organized around these four major Supreme Court cases, each narrated in vivid and dramatic detail, Tsai's essential account explores the racism built into the criminal justice system and the incredible advancements one lawyer and his committed allies made for equal rights. An electrifying work of legal history, Demand the Impossible reveals how change can be won in even the most challenging times and how seemingly small victories can go on to have outsized effects.
States are erecting walls at their borders at a pace unmatched in history, and the wall between the United States and Mexico stands as an icon among these dividing structures. Much has been said about the US-Mexico border wall in the last few decades, yet American walling projects have a much longer history, dating back almost a century. Building Walls, Constructing Identities offers a rich account of this legal history, informed by two episodes of wall-building-the Act of August 19, 1935, and the Secure Fence Act of 2006. These two legislative periods illustrate that today's wall imprints onto the landscape a grammar of racial inequality underpinned by a settler colonial rationality. Marie-Eve Loiselle argues in favor of an account of the law that considers its material translation into space and identifies discursive processes by which the law and the wall come together to communicate legal knowledge about territory and identity.
Copyright is everywhere. Your smartphone incorporates thousands of items of intellectual property. Someone owns the reproduction rights to photographs of your dining table. At this very moment, battles are raging over copyright in the output of artificial intelligence programs. Not only books but wallpaper, computer programs, pop songs, cartoon characters, snapshots, and cuddly toys are now deemed to be intellectual properties--making copyright a labyrinthine construction of laws with colorful and often baffling rationales covering almost all products of human creativity.
It wasn't always so. Copyright has its roots in eighteenth-century London, where it was first established to limit printers' control of books. But a handful of little-noticed changes in the late twentieth century brought about a new enclosure of the cultural commons, concentrating ownership of immaterial goods in very few hands. Copyright's metastasis can't be understood without knowing its backstory, a long tangle of high ideals, low greed, opportunism, and word-mangling that allowed poems and novels (and now, even ringtones and databases) to be treated as if they were no different from farms and houses. Principled arguments against copyright arose from the start and nearly abolished it in the nineteenth century. Nonetheless, countless revisions have made copyright ever stronger.
Who Owns This Sentence? is an often-humorous and always-enlightening cultural, legal, and global history of the idea that intangible things can be owned, and makes a persuasive case for seeing copyright as an engine of inequality in the twenty-first century.
The defining legal history of a landmark decision by the US Supreme Court that gutted a key piece of FDR's New Deal.
On May 25, 1935, in the midst of the Great Depression, the US Supreme Court handed down a series of decisions that dealt mortal blows to New Deal legislation and presidential initiatives--a day known to New Dealers as Black Monday. The most significant of these decisions was A.L.A. Schechter Poultry v. U.S., which members of the press promptly labeled the sick chicken case. In this decision, the Court declared the National Industrial Recovery Act unconstitutional, thus abolishing the National Recovery Administration and the hundreds of codes it had enacted. President Franklin D. Roosevelt denounced the Court's action, which started him down the road to his ill-fated plan to pack the Court in 1937.
As Williamjames Hull Hoffer shows, however, the sick chicken case is about much more than a single piece of New Deal legislation. It is a window into American society during the Great Depression and the New Deal--a 1930s America before World War II and the Cold War, the age of radio and movie palaces, and a time of experimentation with government that some likened to fascism or communism, or maybe both. More than a landmark law case that threatened the New Deal, but ultimately did not, Schechter Poultry is not just about a sick chicken; it is about a sick nation trying to heal itself.
AFRICAN AMERICAN LAWMEN, 1877-1900, Vol. 2, discusses the understudied topic of African Americans holding civic and professional positions in the criminal justice system following Reconstruction. For a better understanding of this topic, Lievin Kambamba Mboma tackles the early unofficial lapse of Reconstruction Era policies resulting from rebellion by underprivileged Southern Whites. Namely, regarding the unofficial end of Reconstruction, Mboma briefly explores the lapse of this period as contextualized by rebellions in Alabama, Mississippi, Texas, and Arkansas along with the peaceful end of Reconstruction policies in North Carolina, Virginia, and Georgia. He also examines the position of the federal government on the premature lapse of Reconstruction Era policies, and with expert precision, offers critique of the non-interference of Federal authorities in Southern rebellion as indicated through the policies of President Lincoln, Andrew Johnson, Ulysses S. Grant, and Rutherford B. Hayes. Mboma further finds that Presidential successors, Chester Arthur, Grover Cleveland, Benjamin Harrison, and William McKinley also observed the same non-interference policies as their predecessors.
From Reconstruction failure and federal government responses, Mboma's study progresses to documentary evidence of the emergence of Black union members, their associations with the Republican Party and Lily Whites, and the Black and Tans political phenomenon. Moreover, he analyzes legally restrictive franchise methods utilized by Southern officials, such as the Constitutional Amendment and political party's restrictive election measure, which he describes as tools used to disenfranchise African Americans and circumvent their inclusion in criminal justice. The specific areas of inclusion in the criminal justice system explored by Mboma include African American retentions, exclusion, and re-inclusions in the police force, prisons, judiciary system, and regulatory agencies at the county, state, and federal levels.
The totality of historical documentation analyzed reveals that many African Americans executed political strategies to maintain their presence as political actors at the local and state levels. They furthermore joined the fusion government or switched political parties on the federal level. Additionally, the strategic exodus of African Americans heading North, West, or even East to Liberia to overcome civil and political injustices in the South cannot be discounted. Thus, the works of such leaders as Henry Adams of Louisiana and Benjamin 'Pap' Singleton of Tennessee during the African American exodus from the South are highlighted in the context of connections with the emergence of African Americans in the pollical sphere of the North. This book is an essential addition to the literature on African Americans in the aftermath of Reconstruction for students, professors, scholars and anyone interested in U.S. history and law.
The defining legal history of a landmark decision by the US Supreme Court that gutted a key piece of FDR's New Deal.
On May 25, 1935, in the midst of the Great Depression, the US Supreme Court handed down a series of decisions that dealt mortal blows to New Deal legislation and presidential initiatives--a day known to New Dealers as Black Monday. The most significant of these decisions was A.L.A. Schechter Poultry v. U.S., which members of the press promptly labeled the sick chicken case. In this decision, the Court declared the National Industrial Recovery Act unconstitutional, thus abolishing the National Recovery Administration and the hundreds of codes it had enacted. President Franklin D. Roosevelt denounced the Court's action, which started him down the road to his ill-fated plan to pack the Court in 1937.
As Williamjames Hull Hoffer shows, however, the sick chicken case is about much more than a single piece of New Deal legislation. It is a window into American society during the Great Depression and the New Deal--a 1930s America before World War II and the Cold War, the age of radio and movie palaces, and a time of experimentation with government that some likened to fascism or communism, or maybe both. More than a landmark law case that threatened the New Deal, but ultimately did not, Schechter Poultry is not just about a sick chicken; it is about a sick nation trying to heal itself.
The Scopes Monkey Trial was a watershed moment in American history, pitting 'old time religion' against the growing acceptance of Darwinism. Strictly speaking, the Darwinists lost: Scopes was declared guilty. However, Clarence Darrow won in the court of public opinion. After the movie Inherit the Wind ensured that William Jennings Bryan would be seen by later generations as a bumbling fool, there is no doubt just who were the victors and who were the losers in the trial. However, what is portrayed in movies and newspaper accounts don't always match reality. Since no film exists of the actual trial, the next best thing is to read the actual trial transcript. For the first time in generations, readers can now hold in their hands the transcript of one of America's most famous trials, complete and unabridged.
This edition has only been lightly edited, leaving intact many of the inconsistencies and incongruities of the original transcript. In its own way, these various typographical errors contribute to the 'charm' of the actual event, as remembered in the annals of history.