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The Long, Lingering Shadow
Students of American history know of the law’s critical role in systematizing a racial hierarchy in the United States. Showing that this history is best appreciated in a comparative perspective, The Long, Lingering Shadow looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. Robert J. Cottrol takes the reader on a journey from the origins of New World slavery in colonial Latin America to current debates and litigation over affirmative action in Brazil and the United States, as well as contemporary struggles against racial discrimination and Afro-Latin invisibility in the Spanish-speaking nations of the hemisphere. Ranging across such top...
Brown V. Board of Education
Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that "Brown" not only changed the national equation of race and caste, it also changed our view of the Court's role in American life.
The Myth of Race
Biological races do not exist—and never have. This view is shared by all scientists who study variation in human populations. Yet racial prejudice and intolerance based on the myth of race remain deeply ingrained in Western society. In his powerful examination of a persistent, false, and poisonous idea, Robert Sussman explores how race emerged as a social construct from early biblical justifications to the pseudoscientific studies of today. The Myth of Race traces the origins of modern racist ideology to the Spanish Inquisition, revealing how sixteenth-century theories of racial degeneration became a crucial justification for Western imperialism and slavery. In the nineteenth century, thes...
Becoming Free, Becoming Black
Shows that the law of freedom, not slavery, determined the way that race developed over time in three slave societies.
Gun Control and Gun Rights
The benefits of gun ownership -- The costs of firearms -- Philosophical roots of the right to arms and of opposition to the right -- The right to arms in the Second Amendment and state constitutions: cases and commentary -- Guns and identity: race, gender, class, and culture.
The NAACP's Legal Strategy Against Segregated Education, 1925-1950
Mark Tushnet presents the story of the NAACP's legal campaign against segregated schools as a case study in public interest law, which in fact began in the United States with that very campaign.
Lincoln and the Politics of Slavery
In this landmark book, Daniel Crofts examines a little-known episode in the most celebrated aspect of Abraham Lincoln's life: his role as the "Great Emancipator." Lincoln always hated slavery, but he also believed it to be legal where it already existed, and he never imagined fighting a war to end it. In 1861, as part of a last-ditch effort to preserve the Union and prevent war, the new president even offered to accept a constitutional amendment that barred Congress from interfering with slavery in the slave states. Lincoln made this key overture in his first inaugural address. Crofts unearths the hidden history and political maneuvering behind the stillborn attempt to enact this amendment, ...
Slavery in Brazil
This is the first complete modern survey of the institution of slavery in Brazil and how it affected the lives of enslaved Africans. It is based on major new research on the institution of slavery and the role of Africans and their descendants in Brazil. This book aims to introduce the reader to this latest research, both to elucidate the Brazilian experience and to provide a basis for comparisons with all other American slave systems.
To Keep and Bear Arms
This work illuminates the historical facts behind the current debate about gun-related violence, the Brady Bill and the NRA, including the original meaning and intentions behind the right to "bear arms". It traces its roots to the legacy of English law, leading directly to the Second Amendment
The Trouble with Minna
In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna's case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a "mere voluntary courtesy"—became routine in a wide range of subsequent cases about "good Samaritans." Using Minna's case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world.
