Race And Rights

Diary of a law professor.

Drawing on four cases relating to race between 1914 and 1955, Walker (history, U. of Waterloo) explores the role of the Canadian Supreme Court and the law in racializing Canadian society. He demonstrates that the justices were expressing the prevailing common sense in their legal decisions, and argues that the law has created the conditions for the country's chronic racism. He projects past and current trends into the future. Co-published by the Osgoode Society for Canadian Legal History. Canadian card order number: C97-931762-2. Annotation copyrighted by Book News, Inc., Portland, OR

In Race, Rights, and the Asian American Experience, Angelo N. Ancheta demonstrates how United States civil rights laws have been framed by a black-white model of race that typically ignores the experiences of other groups, including Asian Americans. When racial discourse is limited to antagonisms between black and white, Asian Americans often find themselves in a racial limbo, marginalized or unrecognized as full participants. A skillful mixture of legal theories, court cases, historical events, and personal insights, this revised edition brings fresh insights to U.S. civil rights from an Asian American perspective.

What is the source of rights? Rights have been grounded in divine agency, human nature, and morally justified claims, and have been used to assess the moral status of legal and customary social practices. The orthodoxy is that some of our rights are a species of unrecognized or natural rights. For example, black slaves in antebellum America were said to have such rights, and this was taken to provide a basis for establishing the immorality of slavery. Derrick Darby exposes the main shortcomings of the orthodox conception of the source of rights and proposes a radical alternative. He draws on the legacy of race and racism in the USA to argue that all rights are products of social recognition. This bold, lucid and meticulously argued book will inspire readers to rethink the central role assigned to rights in moral, political, and legal theory as well as in everyday evaluative discourse.

"Informed in 1944 that she was 'not of the sex' entitled to be admitted to Harvard Law School, African American activist Pauli Murray confronted the injustice she called 'Jane Crow.' In the 1960s and 1970s, the analogies between sex and race discrimination pioneered by Murray became potent weapons in the battle for women's rights, as feminists borrowed rhetoric and legal arguments from the civil rights movement. Serena Mayeri's Reasoning from Race is the first book to explore the development and consequences of this key feminist strategy. Mayeri uncovers the history of an often misunderstood connection at the heart of American antidiscrimination law. Her study details how a tumultuous political and legal climate transformed the links between race and sex equality, civil rights and feminism. Battles over employment discrimination, school segregation, reproductive freedom, affirmative action, and constitutional change reveal the promise and peril of reasoning from race--and offer a vivid picture of Pauli Murray, Ruth Bader Ginsburg, and others who defined feminists' agenda. Looking beneath the surface of Supreme Court opinions to the deliberations of feminist advocates, their opponents, and the legal decisionmakers who heard--or chose not to hear--their claims, Reasoning from Race showcases previously hidden struggles that continue to shape the scope and meaning of equality under the law"--Publisher description

Negotiating Race and Rights in the Museum traces the evolution of pervasive racial ideas, and ‘post-race’ allusions, over more than a century of museum thinking and practice. Drawing on the illuminating history of the Smithsonian Institution, this book offers an account of how museums have addressed and renegotiated wider calls for inclusion, ‘self-definition’, and racial justice, in ways that continually re-centre and legitimise the White frame. Charting the emergence of ‘post-race’ ideas in museums, Bunning demonstrates how and why ‘culturally specific’ approaches have been met with suspicion and derision by powerful museum stakeholders against the backdrop of a changing United States of America, just as they have offered crucial vehicles for sectoral change. This study of the evolution of racial ideas in response to Black empowerment highlights deeply entrenched forms of White supremacy that remain operative within the international museum sector today, and serves to reinforce the urgent calls for the active disruption of racist ideas and the redesign of institutions. Negotiating Race and Rights in the Museum will appeal to those working in the international fields of museum and heritage studies, cultural studies, and American studies, and all who are interested in the production of racial ideas and White supremacy in the museum.

Sarah C. Dunstan constructs a narrative of black struggles for rights and citizenship that spans most of the twentieth century, encompassing a wide range of people and movements from France and the United States, the French Caribbean and African colonies. She explores how black scholars and activists grappled with the connections between culture, race and citizenship and access to rights, mapping African American and Francophone black intellectual collaborations from the Paris Peace Conference in 1919 to the March on Washington in 1963. Connecting the independent archives of black activist organizations within America and France with those of international institutions such as the League of Nations, the United Nations and the Comintern, Dunstan situates key black intellectuals in a transnational framework. She reveals how questions of race and nation intersected across national and imperial borders and illuminates the ways in which black intellectuals simultaneously constituted and reconfigured notions of Western civilization.

Profiles African American lawyers during the era of segregation and the civil rights movement, with an emphasis on the conflicts they felt between their identities as African Americans and their professional identities as lawyers.