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"Race discrimination Law and legislation United States."
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Racial Imperatives
Nadine Ehlers examines the constructions of blackness and whiteness cultivated in the U.S. imaginary and asks, how do individuals become racial subjects? She analyzes anti-miscegenation law, statutory definitions of race, and the rhetoric surrounding the phenomenon of racial passing to provide critical accounts of racial categorization and norms, the policing of racial behavior, and the regulation of racial bodies as they are underpinned by demarcations of sexuality, gender, and class. Ehlers places the work of Michel Foucault, Judith Butler's account of performativity, and theories of race into conversation to show how race is a form of discipline, that race is performative, and that all racial identity can be seen as performative racial passing. She tests these claims through an excavation of the 1925 \"racial fraud\" case of Rhinelander v. Rhinelander and concludes by considering the possibilities for racial agency, extending Foucault's later work on ethics and \"technologies of the self\" to explore the potential for racial transformation.
eBook
For discrimination : race, affirmative action, and the law
\"Presents an analysis of race in American society that explores its sharply divisive nature while tracing the history of affirmative action and offering insight into related pros and cons,\"--Novelist.
Book
The transition : interpreting justice from Thurgood Marshall to Clarence Thomas
Every Supreme Court transition presents an opportunity for a shift in the balance of the third branch of American government, but the replacement of Thurgood Marshall with Clarence Thomas in 1991 proved particularly momentous. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. In The Transition, this most significant transition is explored through the lives and writings of the first two African American justices on Court, touching on the lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century.
In their lives, Thurgood Marshall and Clarence Thomas experienced the challenge of living and learning in a world that had enslaved their relatives and that continued to subjugate members of their racial group. On the Court, their judicial writings—often in concurrences or dissents—richly illustrate the ways in which these two individuals embodied these crucial American (and African American) debates—on the balance between state and federal authority, on the government's responsibility to protect its citizens against discrimination, and on the best strategies for pursuing justice. The gap between Justices Marshall and Thomas on these questions cannot be overstated, and it reveals an extraordinary range of thought that has yet to be fully appreciated.
The 1991 transition from Justice Marshall to Justice Thomas has had consequences that are still unfolding at the Court and in society. Arguing that the importance of this transition has been obscured by the relegation of these Justices to the sidelines of Supreme Court history, Daniel Kiel shows that it is their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.
eBook
Critical race realism : intersections of psychology, race, and law
Building on the field of critial race theory, which took a theoretical approach to questions of race and the law, this book offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behaviour and defence decisions.
Book
Discrimination by Default
Much as we “select” computer settings by default—reflexively, without thinking, and sometimes without realizing there are other options—we often discriminate by default as well. And just as default computer settings tend to become locked in or entrenched as the standard, discrimination by default creates a situation in which disparate outcomes are expected, accepted, and taken for granted. The killing of Amadou Diallo, racial disparities in medical care, the dominance of Whites and men in certain professions, and even the uneven media attention paid to crimes depending on their victims’ race and class, all might be cases of discrimination by, or as, default.
Wang contends that, today, most discrimination occurs by default and not design, making legal prohibitions that focus on those who discriminate out of ill will inadequate to redress the largest share of modern discrimination. She draws on social psychology to detail three ways in which unconscious assumptions can lead to discrimination, showing how they play out in a range of everyday settings. Wang then demonstrates how these dynamics interact in medical care to produce an invisible, self-fulfilling, and self-perpetuating prophecy of racial disparity. She goes on to suggest ways in which institutions and individuals might recognize, interrupt, and override the discriminatory default.
eBook
Supreme bias : gender and race in U.S. Supreme Court confirmation hearings
In Supreme Bias, Christina L. Boyd, Paul M. Collins, Jr., and Lori A. Ringhand present for the first time a comprehensive analysis of the dynamics of race and gender at the Supreme Court confirmation hearings held before the Senate Judiciary Committee. Drawing on their deep knowledge of the confirmation hearings, as well as rich new qualitative and quantitative evidence, the authors highlight how the women and people of color who have sat before the Committee have faced a significantly different confirmation process than their white male colleagues. Despite being among the most qualified and well-credentialed lawyers of their respective generations, female nominees and nominees of color face more skepticism of their professional competence, are subjected to stereotype-based questioning, are more frequently interrupted, and are described in less-positive terms by senators. In addition to revealing the disturbing extent to which race and gender bias exist even at the highest echelon of U.S. legal power, this book also provides concrete suggestions for how that bias can be reduced in the future.
eBook