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Notes of a Racial Caste Baby
Affirmative action, the playing field is now level? Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-civil rights movement era - when the law of the land was explicitly anti-black - and today's affirmative action policies - which are decidedly not anti-white. He concludes that the only just and effective way both to account for America's racial past and to negotiate.
Hurricane Katrina
On August 29, 2005, Hurricane Katrina slammed into the Gulf Coast states of Louisiana and Mississippi. The storm devastated the region and its citizens. But its devastation did not reach across racial and class lines equally. In an original combination of research and advocacy, Hurricane Katrina: America s Unnatural Disaster questions the efficacy of the national and global responses to Katrina s central victims, African Americans. This collection of polemical essays explores the extent to which African Americans and others were, and are, disproportionately affected by the natural and manmade forces that caused Hurricane Katrina. Such an engaged study of this tragic event forces us to acknowledge that the ways in which we view our history and life have serious ramifications on modern human relations, public policy, and quality of life.
To Be an American
The impetus behind California's Proposition 187 clearly reflects the growing anti-immigrant sentiment in this country. Many Americans regard today's new immigrants as not truly American, as somehow less committed to the ideals on which the country was founded. In clear, precise terms, Bill Ong Hing considers immigration in the context of the global economy, a sluggish national economy, and the hard facts about downsizing. Importantly, he also confronts the emphatic claims of immigrant supporters that immigrants do assimilate, take jobs that native workers don't want, and contribute more to the tax coffers than they take out of the system. A major contribution of Hing's book is its emphasis on such often-overlooked issues as the competition between immigrants and African Americans, inter-group tension, and ethnic separatism, issues constantly brushed aside both by immigrant rights groups and the anti-immigrant right. Drawing on Hing's work as a lawyer deeply involved in the day-to-day life of his immigrant clients, To Be An American is a unique blend of substantive analysis, policy, and personal experience.
When Sorry Isn't Enough
PART 7 Jim Crow
Victims in the War on Crime
The first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime.
Disoriented
Does "Asian American" denote an ethnic or racial identification? Is a person of mixed ancestry, the child of Euro- and Asian American parents, Asian American? What does it mean to refer to first generation Hmong refugees and fifth generation Chinese Americans both as Asian American? In Disoriented: Asian Americans, Law, and the Nation State, Robert Chang examines the current discourse on race and law and the implications of postmodern theory and affirmative action-all of which have largely excluded Asian Americans-in order to develop a theory of critical Asian American legal studies. Demonstrating that the ongoing debate surrounding multiculturalism and immigration in the U.S. is really a st...
Knowing the Suffering of Others
In Knowing the Suffering of Others, legal scholar Austin Sarat brings together essays that address suffering as it relates to the law, highlighting the ways law imagines suffering and how pain and suffering become jurisprudential facts. From fetal imaging to end-of-life decisions, torts to international human rights, domestic violence to torture, and the law of war to victim impact statements, the law is awash in epistemological and ethical problems associated with knowing and imagining suffering. In each of these domains we might ask: How well do legal actors perceive and understand suffering in such varied domains of legal life? What problems of representation and interpretation bedevil ef...
Legal Responses to Religious Practices in the United States
There is an enormous scholarly literature on law's treatment of religion. Most scholars now recognize that although the US Supreme Court has not offered a consistent interpretation of what 'non-establishment' or religious freedom means, as a general matter it can be said that the First Amendment requires that government not give preference to one religion over another or, although this is more controversial, to religion over non-belief. But these rules raise questions that will be addressed in Legal Responses to Religious Practices in the United States: namely, what practices constitute a 'religious activity' such that it cannot be supported or funded by government? And what is a religion, anyway? How should law understand matters of faith and accommodate religious practices?
The Empire Strikes Back
Austin (jurisprudence, Case Western Reserve University) addresses the fight for dominance between legal scholarship and the liberal white male establishment that currently dominates legal education and practice. He describes the struggle between the sometimes paranoid and antipragmatic "outsiders" (feminists, critical race theorists, and critical legal studies scholars) and the demographically larger camp of traditionalists which he believes to be imperious, closed-minded, and self-perpetuating. Annotation copyrighted by Book News, Inc., Portland, OR
Aftermath
Based on a conference held at the University of Wisconsin Law School in Feb. 2000.
