Book picks similar to
The Negro and the First Amendment by Harry Kalven Jr.
law-school-classics
politics-social-justice
race
law
Allow Me to Retort: A Black Guy's Guide to the Constitution
Elie Mystal - 2022
They're wrong when they tell you the Second Amendment protects the right to own a private arsenal. They're wrong when they say the death penalty isn't cruel or unusual punishment. They're wrong when they tell you we have no legal remedies for the scourge of police violence against people of color.In fact, Mystal argues, Republicans are wrong about the law almost all of the time, and now, instead of talking about this on cable news, Mystal explains why in his first book.Allow Me to Retort is an easily digestible argument primer, offered so that people can tell the Republicans in their own lives why they are wrong. Mystal brings his trademark humor, snark, and legal expertise to topics as crucial to our politics as gerrymandering and voter suppression, and explains why legal concepts such as the right to privacy and substantive due process are constantly under attack from the very worst judges conservatives can pack onto the courts.You don't need to be a legal scholar to grasp how stop-and-frisk is an unconstitutional policy of racial discrimination. You just need to read Mystal's book to understand that the Fourteenth Amendment once made the white supremacist policies adopted by the modern Republican Party illegal—and it can do so again if we let it.
Migrating to Prison: America's Obsession With Locking Up Immigrants
César Cuauhtémoc García Hernández - 2019
Yet over the last thirty years, the federal and state governments have increasingly tapped their powers to incarcerate people accused of violating immigration laws. As a result, almost 400,000 people annually now spend some time locked up pending the result of a civil or criminal immigration proceeding.In Migrating to Prison, leading scholar César Cuauhtémoc García Hernández takes a hard look at the immigration prison system’s origins, how it currently operates, and why. He tackles the emergence of immigration imprisonment in the mid-1980s, with enforcement resources deployed disproportionately against Latinos, and he looks at both the outsized presence of private prisons and how those on the political right continue, disingenuously, to link immigration imprisonment with national security risks and threats to the rule of law.Interspersed with powerful stories of people caught up in the immigration imprisonment industry, including children who have spent most of their lives in immigrant detention, Migrating to Prison is an urgent call for the abolition of immigration prisons and a radical reimagining of the United States: who belongs and on what criteria is that determination made?
Nine Days: The Race to Save Martin Luther King Jr.'s Life and Win the 1960 Election
Stephen Kendrick - 2021
Kennedy's civil rights staffers who went rogue to free him--a move that changed the face of the Democratic Party and propelled Kennedy to the White House.Less than three weeks before the 1960 presidential election, thirty-one-year-old Martin Luther King, Jr. was arrested at a sit-in at Rich's Department Store in Atlanta. That day would lead to the first night King had ever spent in jail--and the time that King's family most feared for his life.An earlier, minor traffic ticket served as a pretext for keeping King locked up, and later for a harrowing nighttime transfer to Reidsville, the notorious Georgia state prison where Black inmates worked on chain gangs overseen by violent white guards. While King's imprisonment was decried as a moral scandal in some quarters and celebrated in others, for the two presidential candidates--John F. Kennedy and Richard Nixon--it was the ultimate October surprise: an emerging and controversial civil rights leader was languishing behind bars, and the two campaigns raced to decide whether, and how, to respond.Stephen and Paul Kendrick's Nine Days tells the incredible story of what happened next. In 1960, the Civil Rights Movement was growing increasingly inventive and energized while white politicians favored the corrosive tactics of silence and stalling--but an audacious team in the Kennedy campaign's Civil Rights Section (CRS) decided to act. In an election when Black voters seemed poised to split their votes between the candidates, the CRS convinced Kennedy to agitate for King's release, sometimes even going behind his back in their quest to secure his freedom. Over the course of nine extraordinary October days, the leaders of the CRS--pioneering Black journalist Louis Martin, future Pennsylvania senator Harris Wofford, and Sargent Shriver, the founder of the Peace Corps--worked to tilt a tight election in Kennedy's favor and bring about a revolution in party affiliation whose consequences are still integral to the practice of politics today.Based on fresh interviews, newspaper accounts, and extensive archival research, Nine Days is the first full recounting of an event that changed the course of one of the closest elections in American history. Much more than a political thriller, it is also the story of the first time King refused bail and came to terms with the dangerous course of his mission to change a nation. At once a story of electoral machinations, moral courage, and, ultimately, the triumph of a future president's better angels, Nine Days is a gripping tale with important lessons for our own time.
Race, Incarceration, and American Values
Glenn C. Loury - 2008
Our incarceration rate--at 714 per 100,000 residents and rising--is almost forty percent greater than our nearest competitors (the Bahamas, Belarus, and Russia). More pointedly, it is 6.2 times the Canadian rate and 12.3 times the rate in Japan. Economist Glenn Loury argues that this extraordinary mass incarceration is not a response to rising crime rates or a proud success of social policy. Instead, it is the product of a generation-old collective decision to become a more punitive society. He connects this policy to our history of racial oppression, showing that the punitive turn in American politics and culture emerged in the post-civil rights years and has today become the main vehicle for the reproduction of racial hierarchies. Whatever the explanation, Loury argues, the uncontroversial fact is that changes in our criminal justice system since the 1970s have created a nether class of Americans--vastly disproportionately black and brown--with severely restricted rights and life chances. Moreover, conservatives and liberals agree that the growth in our prison population has long passed the point of diminishing returns. Stigmatizing and confining of a large segment of our population should be unacceptable to Americans. Loury's call to action makes all of us now responsible for ensuring that the policy changes.
An Act of State: The Execution of Martin Luther King
William F. Pepper - 2003
In 1968, he was assassinated; the movement for social and economic change has never recovered.The conviction of James Earl Ray for his murder has never looked even remotely safe, and when William Pepper began to investigate the case it was the start of a twenty-five year campaign for justice. At a civil trial in 1999, supported by the King family, seventy witnesses under oath set out the details of the conspiracy Pepper had unearthed: the jury took just one hour to find that Ray was not responsible for the assassination, that a wide-ranging conspiracy existed, and that government agents were involved.An Act of State lays out the extraordinary facts of the King story—of the huge groundswell of optimism engendered by his charismatic radicalism, of how plans for his execution were laid at the very heart of government and the military, of the disinformation and media cover-ups that followed every attempt to search out the truth. As shocking as it is tragic, An Act of State remains the most compelling and authoritative account of how King’s challenge to the US establishment led inexorably to his murder.
Loaded: A Disarming History of the Second Amendment
Roxanne Dunbar-Ortiz - 2018
From Daniel Boone and Jesse James to the NRA and Seal Team 6, gun culture has colored the lore, shaped the law, and protected the market that arms the nation. In Loaded, Roxanne Dunbar-Ortiz peels away the myths of gun culture to expose the true historical origins of the Second Amendment, exposing the racial undercurrents connecting the earliest Anglo setters with contemporary gun proliferation, modern-day policing, and the consolidation of influence of armed white nationalists. From the enslavement of Blacks and the conquest of Native America, to the arsenal of institutions that constitute the "gun lobby," Loaded presents "a people's history of the Second Amendment" as seen through the lens of those who have been most targeted by guns: people of color. Meticulously researched and thought-provoking throughout, this is essential reading for anyone interested in understanding the historical connections between racism and gun violence in the United States.
Police: A Field Guide
David Correia - 2018
Police: A Field Guide is an illustrated handbook to the methods, mythologies, and history that animate today’s police. It is a survival manual for encounters with cops and police logic, whether it arrives in the shape of "officer friendly", "Tasers", "curfews", "non-compliance", or reformist discourses about so-called "bad apples". In a series of short chapters, each focusing on a single term, such as the "beat", "order", "badge", "throw-down weapon", and much more, authors David Correia and Tyler Wall present a guide that reinvents and demystifies the language of policing in order to better prepare activists—and anyone with an open mind—on one of the key issues of our time: police brutality. In doing so, they begin to chart a future free of this violence—and of police.
Lower Ed: The Troubling Rise of For-Profit Colleges in the New Economy
Tressie McMillan Cottom - 2015
Yet little is known about why for-profits have expanded so quickly and even less about how the power and influence of this big-money industry impact individual lives. Lower Ed, the first book to link the rapid expansion of for-profit degrees to America’s increasing inequality, reveals the story of an industry that exploits the pain, desperation, and aspirations of the most vulnerable and exposes the conditions that allow for-profit education to thrive.Tressie McMillan Cottom draws on her personal experience as a former counselor at two for-profit colleges and dozens of interviews with students, senior executives, and activists to detail how these schools have become so successful and to decipher the benefits, credentials, pitfalls, and real costs of a for-profit education. By humanizing the hard choices about school and survival that millions of Americans face, Lower Ed nimbly parses the larger forces that deliver some of us to Yale and others to For-Profit U in an office park off Interstate 10.
The Whiteness of Wealth: How the Tax System Impoverishes Black Americans--And How We Can Fix It
Dorothy A. Brown - 2021
Brown became a tax lawyer to get away from race. As a young black girl growing up in the South Bronx, she’d seen how racism limited the lives of her family and neighbors. Her law school classes offered a refreshing contrast: Tax law was about numbers, and the only color that mattered was green. But when Brown sat down to prepare tax returns for her parents, she found something strange: James and Dottie Brown, a plumber and a nurse, seemed to be paying an unusually high percentage of their income in taxes. When Brown became a law professor, she set out to understand why.In The Whiteness of Wealth, Brown draws on decades of cross-disciplinary research to show that tax law isn’t as color-blind as she’d once believed. She takes us into her adopted city of Atlanta, introducing us to families across the economic spectrum whose stories demonstrate how American tax law rewards the preferences and practices of white people while pushing black people further behind. From attending college to getting married to buying a home, black Americans find themselves at a financial disadvantage compared to their white peers. The results are an ever-increasing wealth gap and more black families shut out of the American dream.Solving the problem will require a wholesale rethinking of America’s tax code. But it will also require both black and white Americans to make different choices. This urgent, actionable book points the way forward.
The Cult of the Presidency: America's Dangerous Devotion to Executive Power
Gene Healy - 2008
Yet despite the controversy surrounding the administration's expansive claims of executive power, both Left and Right agree on the boundless nature of presidential responsibility. The Imperial Presidency is the price we seem to be willingly and dangerously agreeable to pay the office the focus of our national hopes and dreams. Interweaving historical scholarship, legal analysis, and cultural commentary, The Cult of the Presidency argues that the Presidency needs to be reined in, its powers checked and supervised, and its wartime authority put back under the oversight of the Congress and the courts. Only then will we begin to return the Presidency to its proper constitutionally limited role.
The Promise and the Dream: The Untold Story of Martin Luther King, Jr. And Robert F. Kennedy
David Margolick - 2018
and Robert F. Kennedy. Fifty years after they were both assassinated, noted journalist David Margolick explores the untold story of the complex and ever-evolving relationship between these two American icons.Assassinated only sixty-two days apart in 1968, King and Kennedy changed the United States forever, and their deaths profoundly altered the country's trajectory. As trailblazers in the civil rights movement, leaders in their respective communities, and political powerhouses with enormous personal appeal, no single pairing of white and black ever mattered more in American history. In The Promise and the Dream, Margolick examines their unique bond and the complicated mix of mutual assistance, impatience, wariness, awkwardness, antagonism and admiration that existed between the two, documented with firsthand interviews from close sources, oral histories, FBI files, and previously untapped, contemporaneous newspaper accounts.At a turning point in social history, MLK and RFK embarked on distinct but converging paths toward lasting change. Even when they weren't interacting directly, they monitored and learned from, one another. Yet the distance they maintained from one another reflected much broader tensions between the races in the United States, and their nearly simultaneous deaths embodied the nation's violent predilections and ongoing racial turmoil. Their joint story, a story each man took some pains to hide and which began to come into focus only with their murders, is not just gripping history but a window into contemporary America and the challenges we continue to face.Complemented by eighty-three revealing photographs by the foremost photojournalists of the period, The Promise and the Dream offers a compelling look at one of the most consequential but misunderstood relationships in our nation's history."Now is the time to make justice a reality for all of God's children." --Martin Luther King, Jr., 1967 "In this difficult day, in this difficult time... It is perhaps well to ask what kind of a nation we are and what direction we want to move in." --Robert F. Kennedy, 1968
Punished: Policing the Lives of Black and Latino Boys
Victor M. Rios - 2011
A former gang member and juvenile delinquent, Rios managed to escape the bleak outcome of many of his friends and earned a PhD at Berkeley and returned to his hometown to study how inner city young Latino and African American boys develop their sense of self in the midst of crime and intense policing. Punished examines the difficult lives of these young men, who now face punitive policies in their schools, communities, and a world where they are constantly policed and stigmatized.Rios followed a group of forty delinquent Black and Latino boys for three years. These boys found themselves in a vicious cycle, caught in a spiral of punishment and incarceration as they were harassed, profiled, watched, and disciplined at young ages, even before they had committed any crimes, eventually leading many of them to fulfill the destiny expected of them. But beyond a fatalistic account of these marginalized young men, Rios finds that the very system that criminalizes them and limits their opportunities, sparks resistance and a raised consciousness that motivates some to transform their lives and become productive citizens. Ultimately, he argues that by understanding the lives of the young men who are criminalized and pipelined through the criminal justice system, we can begin to develop empathic solutions which support these young men in their development and to eliminate the culture of punishment that has become an overbearing part of their everyday lives.
And the Dead Shall Rise: The Murder of Mary Phagan and the Lynching of Leo Frank
Steve Oney - 2003
The girl’s murder would be the catalyst for an epic saga that to this day holds a singular place in America’s collective imagination—a saga that would climax in 1915 with the lynching of Leo Frank, the Cornell-educated Jew who was convicted of the murder. The case has been the subject of novels, plays, movies and even musicals, but only now, with the publication of And the Dead Shall Rise, do we have an account that does full justice to the mesmerizing and previously unknown details of one of the most shameful moments in the nation’s history.In a narrative reminiscent of a nineteenth-century novel, Steve Oney recounts the emerging revelations of the initial criminal investigation, reconstructs from newspaper dispatches (the original trial transcript mysteriously disappeared long ago) the day-to-day intrigue of the courtroom and illuminates how and why an all-white jury convicted Frank largely on the testimony of a black man. Oney chronicles as well the innumerable avenues that the defense pursued in quest of an appeal, the remarkable and heretofore largely ignored campaign conducted by William Randolph Hearst and New York Times publisher Adolph Ochs to exonerate Frank, the last-minute commutation of Frank’s death sentence and, most indelibly, the flawlessly executed abduction and brutal lynching of Frank two months after his death sentence was commuted.And the Dead Shall Rise brings to life a Dickensian cast of characters caught up in the Frank case—zealous police investigators intent on protecting their department’s reputation, even more zealous private detectives, cynical yet impressionable factory girls, intrepid reporters (including a young Harold Ross), lawyers blinded by their own interests and cowed by the populace’s furor. And we meet four astonishing individuals: Jim Conley, who was Frank’s confessed “accomplice” and the state’s star witness; William Smith, a determined and idealistic lawyer who brilliantly prepared Conley for the defense’s fierce cross-examination and then, a year later, underwent an extraordinary change of heart; Lucille Frank, the martyred wife of the convicted man; and the great populist leader Tom Watson, who manipulated the volatile and lethal outrage of Georgians against the forces of Northern privilege and capital that were seeking to free Frank.And the Dead Shall Rise also casts long-awaited fresh light on Frank’s lynching. No participant was ever indicted, and many went on to prominent careers in state and national politics. Here, for the first time, is the full account of the event—including the identities of the influential Georgians who conceived, carried out and covered up the crime. And here as well is the story of the lynching’s aftermath, which saw both the revival of the Ku Klux Klan and the evolution of the Anti-Defamation League.At once a work of masterful investigative journalism and insightful social history, And the Dead Shall Rise does complete justice to one of history’s most repellent and most fascinating moments.
The Strange Career of Jim Crow
C. Vann Woodward - 1955
Vann Woodward, who died in 1999 at the age of 91, was America's most eminent Southern historian, the winner of a Pulitzer Prize for Mary Chestnut's Civil War and a Bancroft Prize for The Origins of the New South. Now, to honor his long and truly distinguished career, Oxford is pleased to publish this special commemorative edition of Woodward's most influential work, The Strange Career of Jim Crow.The Strange Career of Jim Crow is one of the great works of Southern history. Indeed, the book actually helped shape that history. Published in 1955, a year after the Supreme Court in Brown v. Board of Education ordered schools desegregated, Strange Career was cited so often to counter arguments for segregation that Martin Luther King, Jr. called it "the historical Bible of the civil rights movement." The book offers a clear and illuminating analysis of the history of Jim Crow laws, presenting evidence that segregation in the South dated only to the 1890s. Woodward convincingly shows that, even under slavery, the two races had not been divided as they were under the Jim Crow laws of the 1890s. In fact, during Reconstruction, there was considerable economic and political mixing of the races. The segregating of the races was a relative newcomer to the region.Hailed as one of the top 100 nonfiction works of the twentieth century, The Strange Career of Jim Crow has sold almost a million copies and remains, in the words of David Herbert Donald, "a landmark in the history of American race relations."
Lawless: A lawyer's unrelenting fight for justice in one of the world's most dangerous places
Kimberley Motley - 2019
She was 32 years old at the time, a former Mrs. Wisconsin (she'd entered the contest on a dare) and a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in the projects in one of the most dangerous cities in America, a fundamental belief in everyone's right to justice - whether you live in Milwaukee, New York or Kabul - and a kick-ass approach to practising law that has made her a legend in the archaic, misogynistic and deeply conservative environment of Afghanistan. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in the courts of Afghanistan. Her legal work swiftly morphed into a personal mission - to bring "justness" to the defenceless and voiceless.In the space of two years, Kimberley established herself as an expert on Afghanistan's fledgling criminal justice system, steeped in the country's complex laws but equally adept at wielding religious law in the defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who have become subject to often appalling miscarriages of justice. Kimberley's story is both the memoir of an extraordinary woman fighting in one of the most dangerous countries in the world, and a page-turning non-fiction legal thriller.