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"Discrimination Law and legislation United States History."
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Rethinking the judicial settlement of Reconstruction
\"Demolishing the conventional wisdom that the Supreme Court's doctrine of state action killed Reconstruction, Pamela Brandwein unveils a lost jurisprudence of rights and redefines the legal transition to Jim Crow\"-- Provided by publisher.
Book
Rethinking the Judicial Settlement of Reconstruction
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
eBook
Law and the borders of belonging in the long nineteenth century United States
\"For more than a generation, historians and legal scholars have documented inequalities at the heart of American law and daily life and exposed inconsistencies in the generic category of \"American citizenship.\" Welke draws on that wealth of historical, legal, and theoretical scholarship to offer a new paradigm of liberal selfhood and citizenship from the founding of the United States through the 1920s. Law and the Borders of Belonging questions understanding this period through a progressive narrative of expanding rights, revealing that it was characterized instead by a sustained commitment to borders of belonging of liberal selfhood, citizenship, and nation in which able white men's privilege depended on the subject status of disabled persons, racialized others, and women. Welke's conclusions pose challenging questions about the modern liberal democratic state that extend well beyond the temporal and geographic boundaries of the long nineteenth century United States\"--Provided by publisher.
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Proving Pregnancy
Examining infanticide cases in the United States from the late
eighteenth to the late nineteenth centuries, Proving
Pregnancy documents how women-Black and white, enslaved and
free-gradually lost control over reproduction to male medical and
legal professionals. In the first half of the nineteenth century,
community-based female knowledge played a crucial role in
prosecutions for infanticide: midwives, neighbors, healers, and
relatives were better acquainted with an accused woman's intimate
life, the circumstances of her pregnancy, and possible motives for
infanticide than any man. As the century progressed, women accused
of the crime were increasingly subject to the scrutiny of white
male legal and medical experts educated in institutions that
reinforced prevailing ideas about the inferior mental and physical
capacities of women and Black people. As Reconstruction ended, the
reach of the carceral state expanded, while law and medicine
simultaneously privileged federal and state regulatory power over
that of local institutions. These transformations placed all
women's bodies at the mercy of male doctors, judges, and juries in
ways they had not been before. Reframing knowledge of the body as
property, Felicity M. Turner shows how, at the very moment when the
federal government expanded formal civil and political rights to
formerly enslaved people, the medical profession instituted new
legal regulations across the nation that restricted access to
knowledge of the female body to white men.
eBook
Justice and gender : sex discrimination and the law
This is the first book to provide a comprehensive investigation of gender and the law in the United States. Deborah Rhode describes legal developments over the last two centuries against a background of historical and sociological changes in women's activities and attitudes toward these new developments.
eBook
The Journey to Separate but Equal
In The Journey to Separate but Equal: Madame Decuir's Quest for
Racial Justice in the Reconstruction Era , Jack Beermann tells
the story of how, in Hall v. Decuir , the postâ€\"Civil War
US Supreme Court took its first step toward perpetuating the
subjugation of the non-White population of the United States by
actively preventing a Southern state from prohibiting segregation
on a riverboat in the coasting trade on the Mississippi River.
The Journey to Separate but Equal offers the first
complete exploration of Hall v. Decuir , with an in-depth
look at the case's record; the lives of the parties, lawyers, and
judges; and the case's social context in 1870s Louisiana. The book
centers around the remarkable story of Madame Josephine Decuir and
the lawsuit she pursued because she had been illegally barred from
the cabin reserved for White women on the Governor Allen
riverboat. The drama of Madame Decuir's fight against segregation's
denial of her dignity as a human and particularly as a woman
enriches our understanding of the Reconstruction era, especially in
Louisiana, including political and legal changes that occurred
during that time and the plight of people of color who were freed
from slavery but denied their dignity and rights as American
citizens. Hall v. Decuir spanned the pivotal period of
1872-1878, during which White segregationist Democrats \"redeemed\"
the South from Republican control. The Supreme Court's ruling in
Hall overturned the application of an 1869 Louisiana statute
prohibiting racial segregation in Madame Decuir’s case because of
the status of the Mississippi River as a mode of interstate
commerce. The decision represents a crucial precedent that
established the legal groundwork for the entrenchment of Jim Crow
in the law of the United States, leading directly to the Court’s
adoption of “separate but equal†in Plessy v. Ferguson.
eBook
Social Scientists for Social Justice
In one of the twentieth century's landmark Supreme Court cases,
Brown v. Board of Education, social scientists such as Kenneth
Clark helped to convince the Supreme Court Justices of the
debilitating psychological effects of racism and segregation. John
P. Jackson, Jr., examines the well-known studies used in support of
Brown, such as Clark's famous \"doll tests,\" as well as decades of
research on race which lead up to the case. Jackson reveals the
struggles of social scientists in their effort to impact American
law and policy on race and poverty and demonstrates that without
these scientists, who brought their talents to bear on the most
pressing issues of the day, we wouldn't enjoy the legal protections
against discrimination we may now take for granted. For anyone
interested in the history and legacy of Brown v. Board of
Education, this is an essential book.
eBook