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| Release | : 2009 |
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DIVFocuses on the role facially-neutral labor regulations played in institutionalizing discrimination against African Americans in the period between Reconstruction and the civil rights era./div
| Author | : David E. Bernstein |
| Publisher | : Duke University Press |
| Total Pages | : 207 |
| Release | : 2001-01-18 |
| Genre | : Law |
| ISBN | : 0822383055 |
In Only One Place of Redress David E. Bernstein offers a bold reinterpretation of American legal history: he argues that American labor and occupational laws, enacted by state and federal governments after the Civil War and into the twentieth century, benefited dominant groups in society to the detriment of those who lacked political power. Both intentionally and incidentally, claims Bernstein, these laws restricted in particular the job mobility and economic opportunity of blacks. A pioneer in applying the insights of public choice theory to legal history, Bernstein contends that the much-maligned jurisprudence of the Lochner era—with its emphasis on freedom of contract and private market ordering—actually discouraged discrimination and assisted groups with little political clout. To support this thesis he examines the motivation behind and practical impact of laws restricting interstate labor recruitment, occupational licensing laws, railroad labor laws, minimum wage statutes, the Davis-Bacon Act, and New Deal collective bargaining. He concludes that the ultimate failure of Lochnerism—and the triumph of the regulatory state—not only strengthened racially exclusive labor unions but contributed to a massive loss of employment opportunities for African Americans, the effects of which continue to this day. Scholars and students interested in race relations, labor law, and legal or constitutional history will be fascinated by Bernstein’s daring—and controversial—argument.
| Author | : Michael T. Martin |
| Publisher | : Duke University Press |
| Total Pages | : 725 |
| Release | : 2007-07-16 |
| Genre | : Social Science |
| ISBN | : 0822389819 |
An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto
| Author | : Sheryll Cashin |
| Publisher | : Beacon Press |
| Total Pages | : 177 |
| Release | : 2014-05-06 |
| Genre | : Political Science |
| ISBN | : 0807086150 |
From a nationally recognized expert, a fresh and original argument for bettering affirmative action Race-based affirmative action had been declining as a factor in university admissions even before the recent spate of related cases arrived at the Supreme Court. Since Ward Connerly kickstarted a state-by-state political mobilization against affirmative action in the mid-1990s, the percentage of four-year public colleges that consider racial or ethnic status in admissions has fallen from 60 percent to 35 percent. Only 45 percent of private colleges still explicitly consider race, with elite schools more likely to do so, although they too have retreated. For law professor and civil rights activist Sheryll Cashin, this isn’t entirely bad news, because as she argues, affirmative action as currently practiced does little to help disadvantaged people. The truly disadvantaged—black and brown children trapped in high-poverty environs—are not getting the quality schooling they need in part because backlash and wedge politics undermine any possibility for common-sense public policies. Using place instead of race in diversity programming, she writes, will better amend the structural disadvantages endured by many children of color, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. In Place, Not Race, Cashin reimagines affirmative action and champions place-based policies, arguing that college applicants who have thrived despite exposure to neighborhood or school poverty are deserving of special consideration. Those blessed to have come of age in poverty-free havens are not. Sixty years since the historic decision, we’re undoubtedly far from meeting the promise of Brown v. Board of Education, but Cashin offers a new framework for true inclusion for the millions of children who live separate and unequal lives. Her proposals include making standardized tests optional, replacing merit-based financial aid with need-based financial aid, and recruiting high-achieving students from overlooked places, among other steps that encourage cross-racial alliances and social mobility. A call for action toward the long overdue promise of equality, Place, Not Race persuasively shows how the social costs of racial preferences actually outweigh any of the marginal benefits when effective race-neutral alternatives are available.
| Author | : Richard Vernon |
| Publisher | : A&C Black |
| Total Pages | : 186 |
| Release | : 2012-07-12 |
| Genre | : Philosophy |
| ISBN | : 1441121315 |
An introduction to the philosophical implications of the recent surge of political and ethical interest in historical redress.
| Author | : David E. Bernstein |
| Publisher | : University of Chicago Press |
| Total Pages | : 204 |
| Release | : 2011-05-15 |
| Genre | : History |
| ISBN | : 0226043533 |
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
| Author | : John Tateishi |
| Publisher | : Heyday Books |
| Total Pages | : 0 |
| Release | : 2024-08-27 |
| Genre | : Biography & Autobiography |
| ISBN | : 9781597146463 |
The story of how nearly 100,000 Americans achieved reparations and an official apology for one of the most shameful episodes in US history. For decades the World War II incarceration of Japanese Americans remained hidden from the historical record, its shattering effects kept silent. But in the 1970s the Japanese American Citizens League began a campaign for an official government apology and monetary compensation. Redress is John Tateishi's firsthand account of this against-all-odds campaign. Tateishi, who led the JACL Redress Committee for many years, admits the task was herculean. The campaign sought an unprecedented admission of wrongdoing from Congress. It depended on a unified effort but began with an acutely divided community; for many, the shame of "camp" was so deep that they could not even speak of it. And Tateishi knew that the campaign would succeed only if the public learned that there had been concentration camps on US soil. Redress is the story of a community reckoning with what it means to be both culturally Japanese and American citizens, and what it means to prevent terrible harms from happening again. This edition features a new preface about the lessons Tateishi's story might have for reparations efforts today.
| Author | : American Bar Association. House of Delegates |
| Publisher | : American Bar Association |
| Total Pages | : 216 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
| Author | : Alasia Nuti |
| Publisher | : Cambridge University Press |
| Total Pages | : 241 |
| Release | : 2019-03-28 |
| Genre | : Law |
| ISBN | : 1108419941 |
Develops a new account of historical injustice and redress, demonstrating why a consideration of history is crucial for gender equality.
| Author | : David E. Bernstein |
| Publisher | : Cato Institute |
| Total Pages | : 218 |
| Release | : 2003-10-25 |
| Genre | : Political Science |
| ISBN | : 1933995467 |
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
