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A Degraded Caste of Society traces the origins of twenty-first-century cases of interracial violence to the separate and unequal protection principles of the criminal law of enslavement in the southern United States. Andrew T. Fede explains how antebellum appellate court opinions and statutes, when read in a context that includes newspaper articles and trial court and census records, extended this doctrine to the South’s free Black people, consigning them to what South Carolina justice John Belton O’Neall called “a degraded caste of society,” in which they were “in no respect, on a perfect equality with the white man.” This written law either criminalized Black insolence or privi...
This new book by Andrew Fede considers the law of freedom suits and manumission from the point-of-view of legal procedure, evidence rules, damage awards, and trial practicein addition to the abstract principles stated in the appellate decisions. The author shows that procedural and evidentiary roadblocks made it increasingly impossible for many slaves, or free blacks who were wrongfully held as slaves, to litigate their freedom. Even some of the most celebrated cases in which the courts freed slaves must be read as tempered by the legal realities the actors faced or the courts actually recognized in the process. Slave owners in almost all slave societies had the right to manumit or free all ...
The laws that governed the institution of slavery in early Texas were enacted over a fifty-year period in which Texas moved through incarnations as a Spanish colony, a Mexican state, an independent republic, a part of the United States, and a Confederate state. This unusual legal heritage sets Texas apart from the other slave-holding states and provides a unique opportunity to examine how slave laws were enacted and upheld as political and legal structures changed. The Laws of Slavery in Texas makes that examination possible by combining seminal historical essays with excerpts from key legal documents from the slave period and tying them together with interpretive commentary by the foremost ...
This book takes a critical approach to the US Supreme Court ruling in Loving v. Virginia.
An analysis of slave and slaveholder understanding and manipulation of formal legal systems in the region known as the American Confluence during the antebellum era.
"Criminal Procedure casebook with an emphasis on race"--
"Criminal Procedure (adjudication) casebook for law students with an emphasis on race"--
This book charts the ambiguous and contested meanings of civil rights in law and culture, confronting important questions about race in contemporary America.
This powerful book on racism in the United States argues that a threatening narrative originating in slavery continues to link Black people to inferiority, dangerousness, and crime, causing them to be presumed guilty by society and U.S. legal systems. Why are Black people stopped, arrested, and shot by police at such a high rate? Why are they portrayed in the media as gangbangers and urban thugs? D. Marvin Jones writes that the problem of race lies in the way Blackness has been inextricably knotted together in our culture with presumptions. In the era of segregation this was a presumption of inferiority, but in our era, it is primarily a presumption of dangerousness or criminality. In chapte...
Now in its 11th edition, Texas: The Lone Star State offers a balanced, scholarly overview of the second largest state in the United States, spanning from prehistory to the twenty-first century. Organized chronologically, this comprehensive survey introduces undergraduates to the varied history of Texas with an accessible narrative and over 100 illustrations and maps. This new edition broadens the discussion of postwar social and political dynamics within the state, including the development of key industries and changing demographics. Other new features include: New maps reflecting county by county results for the most recent presidential elections Expanded discussions on immigration and border security The effects of the COVID-19 pandemic in Texas and a look to the future Updated bibliographies to reflect the most recent scholarship This textbook is essential reading for students of American history.