Kent Spriggs (ed.)
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780813054322
- eISBN:
- 9780813053134
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813054322.003.0003
- Subject:
- History, American History: 20th Century
Part 2 provides the context for civil rights litigation and includes chapter 3, “Big Events”; chapter 4, “The Tenor of the Times”; chapter 5, “Arrests of Lawyers (and Other ‘Minor Indignities’)”; and ...
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Part 2 provides the context for civil rights litigation and includes chapter 3, “Big Events”; chapter 4, “The Tenor of the Times”; chapter 5, “Arrests of Lawyers (and Other ‘Minor Indignities’)”; and chapter 6, “Modes of Law Practice.”
Some of the stories arise from big events like the 1965 Selma march, the 1968 Democratic Convention, and the first civil damages verdict against the KKK in Mississippi.
Other stories provide the tenor of the times: the atmosphere of mass meetings, marches, and boycotts; the frustration of unsuccessfully seeking damages for police brutality; abuses encountered for being married to a civil rights lawyer. Arrests of and assaults on civil rights lawyers were not uncommon.
The growth in civil rights protests and demonstrations required a great increase in the number of lawyers to represent the movement. This chapter explores how those needs were met: by nonprofits (like the Legal Defense Fund, LCDC [Lawyers Constitutional Defense Committee], and the Lawyers Committee for Civil Rights Under Law); by government funded legal services, and by an emerging group of lawyers in private practice, both black and white, who aligned themselves with the civil rights movementLess
Part 2 provides the context for civil rights litigation and includes chapter 3, “Big Events”; chapter 4, “The Tenor of the Times”; chapter 5, “Arrests of Lawyers (and Other ‘Minor Indignities’)”; and chapter 6, “Modes of Law Practice.”
Some of the stories arise from big events like the 1965 Selma march, the 1968 Democratic Convention, and the first civil damages verdict against the KKK in Mississippi.
Other stories provide the tenor of the times: the atmosphere of mass meetings, marches, and boycotts; the frustration of unsuccessfully seeking damages for police brutality; abuses encountered for being married to a civil rights lawyer. Arrests of and assaults on civil rights lawyers were not uncommon.
The growth in civil rights protests and demonstrations required a great increase in the number of lawyers to represent the movement. This chapter explores how those needs were met: by nonprofits (like the Legal Defense Fund, LCDC [Lawyers Constitutional Defense Committee], and the Lawyers Committee for Civil Rights Under Law); by government funded legal services, and by an emerging group of lawyers in private practice, both black and white, who aligned themselves with the civil rights movement
Sora Y. Han
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780804789110
- eISBN:
- 9780804795012
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804789110.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic ...
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This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic core around which law enforces classic principles of American democracy – including, equal protection, citizenship, personal privacy, and freedom of expression. This fantasmatic core, variously materialized in the formal literary structure of universal legal reason, reveals how racial slavery continues to haunt American democracy. This reading of colorblindness critically revises current debates that generally take the contemporary “post-civil rights” moment as an incontrovertible sign of colorblindness’s hegemony. Arguing that colorblindness is more than the law’s failed recognitions of the social reality of racial inequality, or a structure of the law’s formal function as objective arbiter of political struggles, the book moves beyond these constructivist and historicist discussions to explore colorblindness as the symptomatic production of law around the Real of racial slavery and black freedom struggle. Opening up a space to encounter the many instances of the continued arrival of the Real of race in law’s language, this book argues that the black radical tradition’s questions of abolition and freedom continue to be essential for developing a critical knowledge of race and law.Less
This book offers original readings of the ideal of colorblindness in canonical cases to the critical study of race and law. It does this by deconstructing and tracing colorblindness as a fantasmatic core around which law enforces classic principles of American democracy – including, equal protection, citizenship, personal privacy, and freedom of expression. This fantasmatic core, variously materialized in the formal literary structure of universal legal reason, reveals how racial slavery continues to haunt American democracy. This reading of colorblindness critically revises current debates that generally take the contemporary “post-civil rights” moment as an incontrovertible sign of colorblindness’s hegemony. Arguing that colorblindness is more than the law’s failed recognitions of the social reality of racial inequality, or a structure of the law’s formal function as objective arbiter of political struggles, the book moves beyond these constructivist and historicist discussions to explore colorblindness as the symptomatic production of law around the Real of racial slavery and black freedom struggle. Opening up a space to encounter the many instances of the continued arrival of the Real of race in law’s language, this book argues that the black radical tradition’s questions of abolition and freedom continue to be essential for developing a critical knowledge of race and law.
John D. Skrentny
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691159966
- eISBN:
- 9781400848492
- Item type:
- book
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691159966.001.0001
- Subject:
- Sociology, Race and Ethnicity
What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered ...
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What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. This book contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice “racial realism,” where they view race as real—as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. This book examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. The book urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.Less
What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. This book contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice “racial realism,” where they view race as real—as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. This book examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. The book urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.
Richard A. Rosen and Joseph Mosnier
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781469628547
- eISBN:
- 9781469628561
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469628547.001.0001
- Subject:
- History, African-American History
Born in the hamlet of Mount Gilead, North Carolina, Julius Chambers (1936–2013) escaped the fetters of the Jim Crow South to emerge in the 1960s and 1970s as the nation’s leading African American ...
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Born in the hamlet of Mount Gilead, North Carolina, Julius Chambers (1936–2013) escaped the fetters of the Jim Crow South to emerge in the 1960s and 1970s as the nation’s leading African American civil rights attorney. After blazing a unique path through the world of higher education, including becoming the first black student ever to be editor-in-chief of the law review at a historically white southern law school, Chambers was selected as the initial intern for NAACP Legal Defense and Education Fund’s civil rights internship program. Following passage of the Civil Rights Act of 1964, Chambers worked closely with LDF in forwarding the strategic litigation campaign for civil rights, with Chambers arguing and ultimately winning landmark school and employment desegregation cases at the U.S. Supreme Court. Aided by a small group of white and black attorneys and support staff which he gathered together in a truly integrated law firm, and undaunted by the dynamiting of his home and the arson that destroyed the offices of his law practice, Chambers pushed federal civil rights law to its high-water mark. This book connects the details of Chambers’s life to the wider struggle to secure racial equality through the development of modern civil rights law. Tracing his path from a dilapidated black elementary school to counsel’s lectern at the Supreme Court and beyond, the authors reveal Chambers’s singular influence on the evolution of federal civil rights law after 1964.Less
Born in the hamlet of Mount Gilead, North Carolina, Julius Chambers (1936–2013) escaped the fetters of the Jim Crow South to emerge in the 1960s and 1970s as the nation’s leading African American civil rights attorney. After blazing a unique path through the world of higher education, including becoming the first black student ever to be editor-in-chief of the law review at a historically white southern law school, Chambers was selected as the initial intern for NAACP Legal Defense and Education Fund’s civil rights internship program. Following passage of the Civil Rights Act of 1964, Chambers worked closely with LDF in forwarding the strategic litigation campaign for civil rights, with Chambers arguing and ultimately winning landmark school and employment desegregation cases at the U.S. Supreme Court. Aided by a small group of white and black attorneys and support staff which he gathered together in a truly integrated law firm, and undaunted by the dynamiting of his home and the arson that destroyed the offices of his law practice, Chambers pushed federal civil rights law to its high-water mark. This book connects the details of Chambers’s life to the wider struggle to secure racial equality through the development of modern civil rights law. Tracing his path from a dilapidated black elementary school to counsel’s lectern at the Supreme Court and beyond, the authors reveal Chambers’s singular influence on the evolution of federal civil rights law after 1964.
Jeffrey D. Gonda
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9781469625454
- eISBN:
- 9781469625478
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469625454.001.0001
- Subject:
- History, African-American History
Unjust Deeds explores the history of an often overlooked civil rights milestone: the landmark U.S. Supreme Court decision in Shelley v. Kraemer (1948). In a group of cases from St. Louis, Detroit, ...
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Unjust Deeds explores the history of an often overlooked civil rights milestone: the landmark U.S. Supreme Court decision in Shelley v. Kraemer (1948). In a group of cases from St. Louis, Detroit, and Washington, D.C., six African American families challenged the hardening boundaries of the nation’s racial ghettos as they fought desperately to hold onto their homes. Aided by the NAACP and local civil rights attorneys, they attacked the legal legitimacy of racial restrictive covenants, one of the most pervasive instruments of residential segregation in the 1940s. Their dramatic campaign culminated in a unanimous Supreme Court victory that left the struggle for justice under the law forever transformed. Unjust Deeds explores the origins and complex legacies of the covenant cases and reveals how the campaign against housing discrimination—in both its successes and failures—helped to reshape the postwar nation. Providing a critical vantage point to witness the simultaneously personal, local, and national dimensions of legal change in the twentieth century, this book ultimately offers a new understanding of the evolving legal fight against Jim Crow and the making of the civil rights movement in neighborhoods and courtrooms across America.Less
Unjust Deeds explores the history of an often overlooked civil rights milestone: the landmark U.S. Supreme Court decision in Shelley v. Kraemer (1948). In a group of cases from St. Louis, Detroit, and Washington, D.C., six African American families challenged the hardening boundaries of the nation’s racial ghettos as they fought desperately to hold onto their homes. Aided by the NAACP and local civil rights attorneys, they attacked the legal legitimacy of racial restrictive covenants, one of the most pervasive instruments of residential segregation in the 1940s. Their dramatic campaign culminated in a unanimous Supreme Court victory that left the struggle for justice under the law forever transformed. Unjust Deeds explores the origins and complex legacies of the covenant cases and reveals how the campaign against housing discrimination—in both its successes and failures—helped to reshape the postwar nation. Providing a critical vantage point to witness the simultaneously personal, local, and national dimensions of legal change in the twentieth century, this book ultimately offers a new understanding of the evolving legal fight against Jim Crow and the making of the civil rights movement in neighborhoods and courtrooms across America.
Nelson Lichtenstein
- Published in print:
- 2013
- Published Online:
- April 2017
- ISBN:
- 9780252037856
- eISBN:
- 9780252095122
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5406/illinois/9780252037856.003.0010
- Subject:
- Sociology, Social Stratification, Inequality, and Mobility
This chapter examines Risa Goluboff's The Lost Promise of Civil Rights, which incorporates the perspective of labor and social historians who have posited the importance and power of a ...
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This chapter examines Risa Goluboff's The Lost Promise of Civil Rights, which incorporates the perspective of labor and social historians who have posited the importance and power of a working-class-oriented civil rights movement in the 1940s. She finds that an alternative set of legal strategies and organizing initiatives was available to civil rights litigators, indeed that these more economically radical strategies were successfully deployed, and, that if they had been consistently pursued would have given this plebian civil rights orientation an embedded character in law and social policy during the decades to come. In effect, Goluboff posits in the most precise fashion an alternative definition to the meaning of what we have come to think of as civil rights law and litigation and then asks why this more proletarian version was marginalized in the years after 1950.Less
This chapter examines Risa Goluboff's The Lost Promise of Civil Rights, which incorporates the perspective of labor and social historians who have posited the importance and power of a working-class-oriented civil rights movement in the 1940s. She finds that an alternative set of legal strategies and organizing initiatives was available to civil rights litigators, indeed that these more economically radical strategies were successfully deployed, and, that if they had been consistently pursued would have given this plebian civil rights orientation an embedded character in law and social policy during the decades to come. In effect, Goluboff posits in the most precise fashion an alternative definition to the meaning of what we have come to think of as civil rights law and litigation and then asks why this more proletarian version was marginalized in the years after 1950.
Kent Spriggs (ed.)
- Published in print:
- 2017
- Published Online:
- January 2018
- ISBN:
- 9780813054322
- eISBN:
- 9780813053134
- Item type:
- book
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813054322.001.0001
- Subject:
- History, American History: 20th Century
Twenty-six contributors tell their stories about being civil rights lawyers in the Deep South. A thematic structure is employed to reflect these stories.
Ten of the stories describe how children of ...
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Twenty-six contributors tell their stories about being civil rights lawyers in the Deep South. A thematic structure is employed to reflect these stories.
Ten of the stories describe how children of the South and children of the North chose to become civil rights lawyers.
The context of civil rights lawyering is explored from big events such as the 1965 Selma march to the everyday experiences of mass meetings and the recurring racism of Neshoba County. The misadventures of civil rights lawyers are described from arrests, to beatings, to a black lawyer being called by a racial epithet in court by a judge. The development of civil rights lawyer groups—the Legal Defense Fund, the LCDC (Lawyers Constitutional Defense Committee), and the Lawyers Committee for Civil Rights Under Law—were crucial to the success of the civil rights movement.
Voting rights dramatically spurred by the Voting Rights Act of 1965 were crucial to the newly emerging status of blacks. The public accommodations section of the Civil Rights Act of 1964 broke barriers in hotels and eating places. School desegregation litigation changed the face of public schools forever. Employment discrimination litigation dramatically changed the workplace.
The success of civil rights litigation led to using the federal courts to reform prisons and facilities for the mentally ill. Two authors discuss the contemporary language of race and the status of white supremacy.Less
Twenty-six contributors tell their stories about being civil rights lawyers in the Deep South. A thematic structure is employed to reflect these stories.
Ten of the stories describe how children of the South and children of the North chose to become civil rights lawyers.
The context of civil rights lawyering is explored from big events such as the 1965 Selma march to the everyday experiences of mass meetings and the recurring racism of Neshoba County. The misadventures of civil rights lawyers are described from arrests, to beatings, to a black lawyer being called by a racial epithet in court by a judge. The development of civil rights lawyer groups—the Legal Defense Fund, the LCDC (Lawyers Constitutional Defense Committee), and the Lawyers Committee for Civil Rights Under Law—were crucial to the success of the civil rights movement.
Voting rights dramatically spurred by the Voting Rights Act of 1965 were crucial to the newly emerging status of blacks. The public accommodations section of the Civil Rights Act of 1964 broke barriers in hotels and eating places. School desegregation litigation changed the face of public schools forever. Employment discrimination litigation dramatically changed the workplace.
The success of civil rights litigation led to using the federal courts to reform prisons and facilities for the mentally ill. Two authors discuss the contemporary language of race and the status of white supremacy.
Stephanie Ortoleva and Marc Brenman
- Published in print:
- 2004
- Published Online:
- March 2012
- ISBN:
- 9781861345707
- eISBN:
- 9781447303282
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781861345707.003.0014
- Subject:
- Sociology, Social Stratification, Inequality, and Mobility
This chapter looks at transportation issues from a women's-rights perspective. Women are not included as a separate category in the civil-rights legislation surrounding transport provision and ...
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This chapter looks at transportation issues from a women's-rights perspective. Women are not included as a separate category in the civil-rights legislation surrounding transport provision and spending. This chapter asserts that they should be, on the grounds that women are persistently disadvantaged by the transport system. It discusses policy approaches that create parallels to civil-rights laws in the USA, as well as social-exclusion theory, community- and social-impact-assessment procedures, avoidance and mitigation of damage, and valuing women's transportation. The chapter makes recommendations on where changes should be made to existing policy and practice. It also presents a case study of successful implementation in the field and describes what a new feminist paradigm for transportation might look like.Less
This chapter looks at transportation issues from a women's-rights perspective. Women are not included as a separate category in the civil-rights legislation surrounding transport provision and spending. This chapter asserts that they should be, on the grounds that women are persistently disadvantaged by the transport system. It discusses policy approaches that create parallels to civil-rights laws in the USA, as well as social-exclusion theory, community- and social-impact-assessment procedures, avoidance and mitigation of damage, and valuing women's transportation. The chapter makes recommendations on where changes should be made to existing policy and practice. It also presents a case study of successful implementation in the field and describes what a new feminist paradigm for transportation might look like.
Richard A. Rosen and Joseph Mosnier
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781469628547
- eISBN:
- 9781469628561
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469628547.003.0014
- Subject:
- History, African-American History
The epilogue examines the legacy of the efforts by Julius Chambers and his firm through the mid-1970s. In 1984, Chambers, widely acknowledged as an exceptionally skilled civil rights litigator and ...
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The epilogue examines the legacy of the efforts by Julius Chambers and his firm through the mid-1970s. In 1984, Chambers, widely acknowledged as an exceptionally skilled civil rights litigator and legal strategist, succeeded Jack Greenberg as director-counsel of Legal Defense and Education Fund. From that post Chambers coordinated the legal struggle for civil rights for nine years, mostly attempting to fend off the increasingly reactionary policies of the Reagan administration and of the legal positions on race advanced by the Supreme Court under Chief Justice William Rehnquist. In 1993, Chambers resigned as LDF director-counsel and returned to North Carolina, where he was installed as chancellor of his undergraduate alma mater, now North Carolina Central University, in Durham. Chambers retired in 2001and, after an absence of nearly twenty years, returned to Charlotte where he rejoined the firm on a limited basis. He meanwhile served the inaugural director of the UNC Center for Civil Rights, housed within the UNC Law School. Chambers, whose efforts advanced federal civil rights law to its apogee in the early to mid-1970s and who thus stands out as the most important African American civil rights attorney in the generation following Thurgood Marshall, died on August 2, 2013.Less
The epilogue examines the legacy of the efforts by Julius Chambers and his firm through the mid-1970s. In 1984, Chambers, widely acknowledged as an exceptionally skilled civil rights litigator and legal strategist, succeeded Jack Greenberg as director-counsel of Legal Defense and Education Fund. From that post Chambers coordinated the legal struggle for civil rights for nine years, mostly attempting to fend off the increasingly reactionary policies of the Reagan administration and of the legal positions on race advanced by the Supreme Court under Chief Justice William Rehnquist. In 1993, Chambers resigned as LDF director-counsel and returned to North Carolina, where he was installed as chancellor of his undergraduate alma mater, now North Carolina Central University, in Durham. Chambers retired in 2001and, after an absence of nearly twenty years, returned to Charlotte where he rejoined the firm on a limited basis. He meanwhile served the inaugural director of the UNC Center for Civil Rights, housed within the UNC Law School. Chambers, whose efforts advanced federal civil rights law to its apogee in the early to mid-1970s and who thus stands out as the most important African American civil rights attorney in the generation following Thurgood Marshall, died on August 2, 2013.
Jeannine Bell
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814791448
- eISBN:
- 9780814760222
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791448.003.0007
- Subject:
- Law, Criminal Law and Criminology
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges ...
More
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges involved in sentencing. In cases of neighborhood hate crime, the very first governmental actor that the individual targeted by the harassment encounters is the police. In the best-case scenario, the responding officer gathers evidence, arrests any perpetrators at the scene of the crime, gets the names of witnesses, and writes a summary report. The Justice Department then may sentence the perpetrators for violating the general criminal law, the civil rights law, and the local hate crime law.Less
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges involved in sentencing. In cases of neighborhood hate crime, the very first governmental actor that the individual targeted by the harassment encounters is the police. In the best-case scenario, the responding officer gathers evidence, arrests any perpetrators at the scene of the crime, gets the names of witnesses, and writes a summary report. The Justice Department then may sentence the perpetrators for violating the general criminal law, the civil rights law, and the local hate crime law.
Martha Chamallas and Jennifer B. Wriggins
- Published in print:
- 2010
- Published Online:
- March 2016
- ISBN:
- 9780814716762
- eISBN:
- 9780814790069
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716762.003.0008
- Subject:
- Law, Comparative Law
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social ...
More
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social identity of tort victims and the context of their injuries. It has analyzed claims for intentional wrongs and negligently caused injuries based on the premise that the individuals who pursue such claims have a race and a gender. To conclude, this book summarizes the many different ways through which considerations of race and gender find their way into tort law. It offers three general prescriptions to make the law more equitable and more responsive to the interests of women and minorities: the first builds on the willingness of some courts to allow principles and norms from statutory civil rights law and constitutional law to migrate into torts; the second focuses on the issue of deciding when to impose a duty of due care in negligence cases; and the third relates to the structure and core of tort law as it is generally conceived.Less
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social identity of tort victims and the context of their injuries. It has analyzed claims for intentional wrongs and negligently caused injuries based on the premise that the individuals who pursue such claims have a race and a gender. To conclude, this book summarizes the many different ways through which considerations of race and gender find their way into tort law. It offers three general prescriptions to make the law more equitable and more responsive to the interests of women and minorities: the first builds on the willingness of some courts to allow principles and norms from statutory civil rights law and constitutional law to migrate into torts; the second focuses on the issue of deciding when to impose a duty of due care in negligence cases; and the third relates to the structure and core of tort law as it is generally conceived.
Jeannine Bell
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814791448
- eISBN:
- 9780814760222
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814791448.003.0007
- Subject:
- Law, Criminal Law and Criminology
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges ...
More
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges involved in sentencing. In cases of neighborhood hate crime, the very first governmental actor that the individual targeted by the harassment encounters is the police. In the best-case scenario, the responding officer gathers evidence, arrests any perpetrators at the scene of the crime, gets the names of witnesses, and writes a summary report. The Justice Department then may sentence the perpetrators for violating the general criminal law, the civil rights law, and the local hate crime law.
Less
This chapter focuses on the government's response to anti-integrationist violence. This response may involve a variety of actors, ranging from police officers investigating the crime to judges involved in sentencing. In cases of neighborhood hate crime, the very first governmental actor that the individual targeted by the harassment encounters is the police. In the best-case scenario, the responding officer gathers evidence, arrests any perpetrators at the scene of the crime, gets the names of witnesses, and writes a summary report. The Justice Department then may sentence the perpetrators for violating the general criminal law, the civil rights law, and the local hate crime law.
Charles W. Eagles
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9781469631158
- eISBN:
- 9781469631172
- Item type:
- chapter
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469631158.003.0008
- Subject:
- History, African-American History
With the help of the NAACP Legal Defense Fund, Loewen and Sallis, joined by a dozen other plaintiffs, sued the state in federal court. Loewen v. Turnipseed sought to force approval of the textbook. ...
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With the help of the NAACP Legal Defense Fund, Loewen and Sallis, joined by a dozen other plaintiffs, sued the state in federal court. Loewen v. Turnipseed sought to force approval of the textbook. Attorneys Melvyn Leventhal and later Frank Parker with the Lawyers’ Committee for Civil Rights Under Law fought the case for four years through endless delays, depositions, motions, and negotiations. Peter Stockett represented the state in Judge Orma R. Smith’s court.Less
With the help of the NAACP Legal Defense Fund, Loewen and Sallis, joined by a dozen other plaintiffs, sued the state in federal court. Loewen v. Turnipseed sought to force approval of the textbook. Attorneys Melvyn Leventhal and later Frank Parker with the Lawyers’ Committee for Civil Rights Under Law fought the case for four years through endless delays, depositions, motions, and negotiations. Peter Stockett represented the state in Judge Orma R. Smith’s court.
Martha Chamallas and Jennifer B. Wriggins
- Published in print:
- 2010
- Published Online:
- March 2016
- ISBN:
- 9780814716762
- eISBN:
- 9780814790069
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814716762.003.0008
- Subject:
- Law, Comparative Law
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the ...
More
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social identity of tort victims and the context of their injuries. It has analyzed claims for intentional wrongs and negligently caused injuries based on the premise that the individuals who pursue such claims have a race and a gender. To conclude, this book summarizes the many different ways through which considerations of race and gender find their way into tort law. It offers three general prescriptions to make the law more equitable and more responsive to the interests of women and minorities: the first builds on the willingness of some courts to allow principles and norms from statutory civil rights law and constitutional law to migrate into torts; the second focuses on the issue of deciding when to impose a duty of due care in negligence cases; and the third relates to the structure and core of tort law as it is generally conceived.
Less
This book has examined tort law using a critical approach that departs from idealized accounts of the field commonly provided by torts theorists. Drawing on this approach, it has addressed the social identity of tort victims and the context of their injuries. It has analyzed claims for intentional wrongs and negligently caused injuries based on the premise that the individuals who pursue such claims have a race and a gender. To conclude, this book summarizes the many different ways through which considerations of race and gender find their way into tort law. It offers three general prescriptions to make the law more equitable and more responsive to the interests of women and minorities: the first builds on the willingness of some courts to allow principles and norms from statutory civil rights law and constitutional law to migrate into torts; the second focuses on the issue of deciding when to impose a duty of due care in negligence cases; and the third relates to the structure and core of tort law as it is generally conceived.
Camille Walsh
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9781469638942
- eISBN:
- 9781469638959
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/northcarolina/9781469638942.001.0001
- Subject:
- History, African-American History
In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like ...
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In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, this book shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness in civil rights law and constitutional law. From the origins of unequal public school funding after the Civil War and the history of African American families resisting segregated taxation through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims.
Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, this legal history reveals how the idea of a “taxpayer” identity contributed to the contemporary crises of public education, racial disparity, and income inequality.Less
In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, this book shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness in civil rights law and constitutional law. From the origins of unequal public school funding after the Civil War and the history of African American families resisting segregated taxation through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims.
Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, this legal history reveals how the idea of a “taxpayer” identity contributed to the contemporary crises of public education, racial disparity, and income inequality.
