Shades of Freedom

Racial Politics and Presumptions of the American Legal Process

Author: A. Leon Higginbotham Jr.

Publisher: Oxford University Press

ISBN: 9780198028673

Category: Social Science

Page: 352

View: 9485

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Shades of Freedom:Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process, Volume II

Racial Politics and Presumptions of the American Legal Process Race and the American Legal Process

Author: A. Leon Higginbotham

Publisher: Oxford University Press

ISBN: 0195122887

Category: Law

Page: 304

View: 1402

Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America.Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist.In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

Program

Annual Meeting

Author: Organization of American Historians,Organization of American Historians. Meeting

Publisher: The Organization

ISBN: N.A

Category: Historians

Page: N.A

View: 3105

In the Matter of Color

Race and the American Legal Process. The Colonial Period

Author: A. Leon Higginbotham

Publisher: Oxford University Press

ISBN: 9780195027457

Category: Travel

Page: 512

View: 6632

Focusing on the actions and attitudes of the courts, legislatures, and public servants in six colonies, Judge Higginbotham shows ways in which the law has contributed to injustices suffered by Black Americans

Race in the Shadow of Law

State Violence in Contemporary Europe

Author: Eddie Bruce-Jones

Publisher: Routledge

ISBN: 1317233271

Category: Law

Page: 210

View: 414

Race in the Shadow of Law offers a critical legal analysis of European responses to institutional racism. It draws connections between contemporary legal knowledge practices and colonial systems of thought, arguing that many people of colour experience the law as a part of a racial problem, rather than a solution, to racial injustice. Based on a critical legal ethnography of anti-racism work in Europe, and with an emphasis on the German context, the book positions Black and anti-racist perspectives at the centre, rather than the margins, of critically thinking through the intersection of race and law. Combining this ethnography with comparative legal analysis, discourse analysis and critical race theory, the book develops a critical discussion of the European legal frameworks aimed at regulating racism, and particularly institutional racism, in policy and policing. In linking this critique to the transformative potential of social movements, however, it goes on to examine the strategic and creative possibility of disrupting conventional modes of engaging, and resisting, law.

Origins of the Dred Scott Case

Jacksonian Jurisprudence and the Supreme Court, 1837-1857

Author: Austin Allen

Publisher: University of Georgia Press

ISBN: 0820326534

Category: Law

Page: 274

View: 2465

The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue-slavery-but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. By showing us the political, professional, ideological, and institutional contexts in which the Taney Court worked, Allen reveals that Dred Scott was not simply a victory for the court's prosouthern faction. It was instead an outgrowth of Jacksonian jurisprudence, an intellectual system that charged the court with protecting slavery, preserving both federal power and state sovereignty, promoting economic development, and securing the legal foundations of an emerging corporate order-all at the same time.

A New Birth of Freedom

Human Rights, Named and Unnamed

Author: N.A

Publisher: Yale University Press

ISBN: 9780300153637

Category: Civil rights

Page: 175

View: 4681

Readings in Political Philosophy

Theory and Applications

Author: Diane Jeske,Richard Fumerton

Publisher: Broadview Press

ISBN: 1551117657

Category: Philosophy

Page: 1152

View: 6875

This anthology surveys important issues in Western political philosophy from Plato to the present day. Its aim is to show both the continuity and the development of political thought over time. Each unit begins with readings on the fundamental theoretical principles underlying political discourse. Theory is then connected to practice in readings on contemporary issues as well as court cases and other political documents.

America, History and Life

Author: Eric H. Boehm

Publisher: N.A

ISBN: N.A

Category: United States

Page: N.A

View: 2759

Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

The Dred Scott Case

Historical and Contemporary Perspectives on Race and Law

Author: David Thomas Konig,Paul Finkelman,Christopher Alan Bracey

Publisher: Ohio University Press

ISBN: 0821443283

Category: Law

Page: 292

View: 835

In 1846 two slaves, Dred and Harriet Scott, filed petitions for their freedom in the Old Courthouse in St. Louis, Missouri. As the first true civil rights case decided by the U.S. Supreme Court, Dred Scott v. Sandford raised issues that have not been fully resolved despite three amendments to the Constitution and more than a century and a half of litigation. The Dred Scott Case: Historical and Contemporary Perspectives on Race and Law presents original research and the reflections of the nation’s leading scholars who gathered in St. Louis to mark the 150th anniversary of what was arguably the most infamous decision of the U.S. Supreme Court. The decision, which held that African Americans “had no rights” under the Constitution and that Congress had no authority to alter that, galvanized Americans and thrust the issue of race and law to the center of American politics. This collection of essays revisits the history of the case and its aftermath in American life and law. In a final section, the present-day justices of the Missouri Supreme Court offer their reflections on the process of judging and provide perspective on the misdeeds of their nineteenth-century predecessors who denied the Scotts their freedom. Contributors: Austin Allen, Adam Arenson, John Baugh, Hon. Duane Benton, Christopher Alan Bracey, Alfred L. Brophy, Paul Finkelman, Louis Gerteis, Mark Graber, Daniel W. Hamilton, Cecil J. Hunt II, David Thomas Konig, Leland Ware, Hon. Michael A. Wolff

America Is the Prison

Arts and Politics in Prison in the 1970s

Author: Lee Bernstein

Publisher: UNC Press Books

ISBN: 0807898325

Category: Social Science

Page: 240

View: 9037

In the 1970s, while politicians and activists outside prisons debated the proper response to crime, incarcerated people helped shape those debates though a broad range of remarkable political and literary writings. Lee Bernstein explores the forces that sparked a dramatic "prison art renaissance," shedding light on how incarcerated people produced powerful works of writing, performance, and visual art. These included everything from George Jackson's revolutionary Soledad Brother to Miguel Pinero's acclaimed off-Broadway play and Hollywood film Short Eyes. An extraordinary range of prison programs--fine arts, theater, secondary education, and prisoner-run programs--allowed the voices of prisoners to influence the Black Arts Movement, the Nuyorican writers, "New Journalism," and political theater, among the most important aesthetic contributions of the decade. By the 1980s and '90s, prisoners' educational and artistic programs were scaled back or eliminated as the "war on crime" escalated. But by then these prisoners' words had crossed over the wall, helping many Americans to rethink the meaning of the walls themselves and, ultimately, the meaning of the society that produced them.

Ghosts of Jim Crow

Ending Racism in Post-Racial America

Author: F. Michael Higginbotham

Publisher: NYU Press

ISBN: 1479845019

Category: History

Page: 352

View: 5822

When America inaugurated its first African American president, in 2009, many wondered if the country had finally become a "post-racial" society. Was this the dawning of a new era, in which America, a nation nearly severed in half by slavery, and whose racial fault lines are arguably among its most enduring traits, would at last move beyond race with the election of Barack Hussein Obama? In Ghosts of Jim Crow, F. Michael Higginbotham convincingly argues that America remains far away from that imagined utopia. Indeed, the shadows of Jim Crow era laws and attitudes continue to perpetuate insidious, systemic prejudice and racism in the 21st century. Higginbotham’s extensive research demonstrates how laws and actions have been used to maintain a racial paradigm of hierarchy and separation—both historically, in the era of lynch mobs and segregation, and today—legally, economically, educationally and socially. Using history as a roadmap, Higginbotham arrives at a provocative solution for ridding the nation of Jim Crow’s ghost, suggesting that legal and political reform can successfully create a post-racial America, but only if it inspires whites and blacks to significantly alter behaviors and attitudes of race-based superiority and victimization. He argues that America will never achieve its full potential unless it truly enters a post-racial era, and believes that time is of the essence as competition increases globally.

Proceedings of the Annual Meeting

Author: Association of American Law Schools

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 6680

Race, Racism, and American Law

Author: Derrick A. Bell

Publisher: Aspen Law & Business

ISBN: 9780735575745

Category: Law

Page: 766

View: 5432

The Sixth Edition of this innovative text written by Derrick Bell continues to provide students with insight into the issues surrounding race in America and an understanding of how the law interprets those issues as well as the factors that directly and indirectly influence the law. The first casebook published specifically for teaching race related law courses, Race, Racism, and American Law is engaging, offering hard-hitting enlightenment, and is an unparalleled teaching tool. Among the features that have made this text a success with both students and instructors through five editions over 35 years: Clear and readable text along with a participatory approach that encourages discussion of unresolved and perhaps unresolvable racial issues. Interdisciplinary excerpts from historical, sociological, and psychological publications that provide comprehensive coverage of all aspects of the subject and in this edition pose the question of the law's limitations in remedying current racial barriers. Creative hypothetical exercises for possible briefing and argument to the class by student advocates. The presentations promote a learning by teaching experience that enables students to realize the complex nature and consequences of racism in the United States Commentary on the Supreme Court's conception of a "color-blind" society and its adverse effects on school desegregation, voting, employment, and affirmative action Alternatives to integration in achieving the goal of equal educational opportunity. The absence or inadequacy of remedies for racial barriers facing Latino, Asian and Native American citizens. Discussion of Professor Lani Guinier's advocacy of proportional representation over majority-minority districts. The uses of nooses as racial intimidation symbols replacing flaming crosses. Racial priorities in Hurricane Katrina's rescue and recovery policies. The legal ramifications of the disproportionately high percentage of blacks and Hispanics in American prisons Legal and social barriers to blacks and Latinos seeking to challenge employment discrimination under Title VII of the Civil Rights Act of 1964, as amended. The growing acceptance and continued hostility to interracial sex and marriage. The vulnerability of black and Latino buyers to consumer schemes and sub-prime mortgages. The limited value of racial protests during a time of war and national crisis. Fully updated, the Sixth Edition includes: Increased citation to and discussion of law review articles that offer new and perhaps controversial perspectives, which Professor Bell utilizes to provide divergent views and thus better provoke class discussion and independent student thought Summaries of new Supreme Court cases A new hypothetical problem that deals with using non-racial criteria to create school diversity New sections on the adverse impact of immigration on black employment and the impact of unemployment on prison rates Race, Racism, and American Law, Sixth Edition, compiled and published initially in 1973 by Derrick Bell, in this latest addition continues its position as an essential tool to any course addressing the reasons why race remains a key to America's economic, political and social functioning. If you aren't already using this text, request an examination copy today.

The Nature and Scope of Individual Rights

Emerging Debates in Constitutional Law

Author: Robin D. Barnes

Publisher: N.A

ISBN: N.A

Category: Law

Page: 396

View: 5455

The Nature and Scope of Individual Rights provides historical context for the cases, articles and wide range of materials presented throughout the book. Readers explore how theories of social freedom and governance were developed and articulated in national debates on the most controversial matters of law and social science. Comparing specific legislation with purported state interests yields insights into judicial processes in those areas where law appears to operate without an obvious correlation between ends and means.The book covers topics related to military conscription, euthanasia, capital punishment, monogamy, incest, marital and statutory rape, race, gender, sexual orientation, workplace privacy, and public response to the Patriot Act, as changes in domestic surveillance and telecommunications technology continue to transform the dialogue around privacy. Barnes ultimately encourages readers to consider how many of these debates are consistent with (or even worthy of) our highest aspirations in relation to liberty, autonomy and governance for the general welfare.

Intersections of gender, race, and class

readings for a changing landscape

Author: Marcia Texler Segal,Theresa A. Martinez

Publisher: Roxbury Publishing Company

ISBN: 9781933220017

Category: Social Science

Page: 567

View: 6488

Proceedings

Author: Association of American Law Schools. Meeting

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 2996

Vol. for 1920 includes proceedings of the association's summer meeting held Aug. 23-24, 1920.

Best Literature by and about Blacks

Author: Phillip M. Richards,Neil Schlager

Publisher: Gale / Cengage Learning

ISBN: 9780787605070

Category: Social Science

Page: 330

View: 2272

A guide to literature by and about African Americans organizes entries into historical periods, and provides information on individual authors and genres.

Milestone Documents in African American History

Author: Paul Finkelman

Publisher: Schlager Group Inc

ISBN: 9781935306054

Category: Biography & Autobiography

Page: 2100

View: 7530

The fourth publication in the award-winning, critically acclaimed Milestone Documents sereis, Milestone Documents in African American History explores the fundamental primary sources in African American history. This four-volume set covers 135 iconic primary documents from the 1600's to the present. Each entry offers the full text of the document in question as well as an in-depth, analytical essay that places the document in its historical context.

Focus

Author: N.A

Publisher: N.A

ISBN: N.A

Category: African Americans

Page: N.A

View: 2423