Book picks similar to
Culling the Masses: The Democratic Origins of Racist Immigration Policy in the Americas by David Scott Fitzgerald
history
legal
fall-reading-list
ideologies
The Central Park Five: A Chronicle of a City Wilding
Sarah Burns - 2011
Within days, five black and Latino teenagers confess to her rape and beating. In a city where urban crime is at a high and violence is frequent, the ensuing media frenzy and hysterical public reaction is extraordinary. The young men are tried as adults and convicted of rape, despite the fact that the teens quickly recant their inconsistent and inaccurate confessions and that no DNA tests or eyewitness accounts tie any of them to the victim. They serve their complete sentences before another man, serial rapist Matias Reyes, confesses to the crime and is connected to it by DNA testing.Intertwining the stories of these five young men, the police officers, the district attorneys, the victim, and Matias Reyes, Sarah Burns unravels the forces that made both the crime and its prosecution possible. Most dramatically, she gives us a portrait of a city already beset by violence and deepening rifts between races and classes, whose law enforcement, government, social institutions, and media were undermining the very rights of the individuals they were designed to safeguard and protect.
Incarceration Nations: A Journey to Justice in Prisons Around the World
Baz Dreisinger - 2016
Professor, journalist, and founder of the Prison-to-College-Pipeline, Dreisinger looks into the human stories of incarcerated men and women and those who imprison them, creating a view of a world to which most are denied access, and a rethinking of one of America’s most far-reaching global exports: the modern prison complex.From serving as a restorative justice facilitator in a notorious South African prison and working with genocide survivors in Rwanda, to launching a creative writing class in an overcrowded Ugandan prison and coordinating a drama workshop for women prisoners in Thailand, Dreisinger examines the world behind bars with equal parts empathy and intellect. She journeys to Jamaica to visit a prison music program, to Singapore to learn about approaches to prisoner reentry, to Australia to grapple with the bottom line of private prisons, to a federal supermax in Brazil to confront the horrors of solitary confinement, and finally to the so-called model prisons of Norway. Incarceration Nations concludes with climactic lessons about the past, present, and future of justice.
Reflections on Judging
Richard A. Posner - 2013
Surveying how the judiciary has changed since his 1981 appointment, he engages the issues at stake today, suggesting how lawyers should argue cases and judges decide them, how trials can be improved, and, most urgently, how to cope with the dizzying pace of technological advance that makes litigation ever more challenging to judges and lawyers.For Posner, legal formalism presents one of the main obstacles to tackling these problems. Formalist judges--most notably Justice Antonin Scalia--needlessly complicate the legal process by advocating canons of constructions (principles for interpreting statutes and the Constitution) that are confusing and self-contradictory. Posner calls instead for a renewed commitment to legal realism, whereby a good judge gathers facts, carefully considers context, and comes to a sensible conclusion that avoids inflicting collateral damage on other areas of the law. This, Posner believes, was the approach of the jurists he most admires and seeks to emulate: Oliver Wendell Holmes, Louis Brandeis, Benjamin Cardozo, Learned Hand, Robert Jackson, and Henry Friendly, and it is an approach that can best resolve our twenty-first-century legal disputes.
Outrage: The Five Reasons Why O.J. Simpson Got Away with Murder
Vincent Bugliosi - 1996
J. Simpson case that no one dared to write, that no one else could write. In this #1 New York Times bestseller, Vincent Bugliosi, the famed prosecutor of Charles Manson and author of Helter Skelter, goes to the heart of the trial that divided the country and made a mockery of justice. He lays out the mountains of evidence; rebuts the defense; offers a thrilling summation; condemns the monumental blunders of the judge, the "Dream Team," and the media; and exposes, for the first time anywhere, the shocking incompetence of the prosecution.
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?
Unfair: The New Science of Criminal Injustice
Adam Benforado - 2015
The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.
The Culture of Control: Crime and Social Order in Contemporary Society
David Garland - 2001
More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
The Second: Race and Guns in a Fatally Unequal America
Carol Anderson - 2021
The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans.From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless—revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished.Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life—as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.
Border and Rule: Global Migration, Capitalism, and the Rise of Racist Nationalism
Harsha Walia - 2021
Border and Rule explores a number of seemingly disparate global geographies with shared logics of border rule that displace, immobilize, criminalize, exploit, and expel migrants and refugees. With her keen ability to connect the dots, Walia demonstrates how borders divide the international working class and consolidate imperial, capitalist, ruling class, and racist nationalist rule. Ambitious in scope and internationalist in orientation, Border and Rule breaks through American exceptionalist and liberal responses to the migration crisis and cogently maps the lucrative connections between state violence, capitalism, and right-wing nationalism around the world.Illuminating the brutal mechanics of state formation, Walia exposes US border policy as a product of violent territorial expansion, settler-colonialism, enslavement, and gendered racial exclusion. Further, she compellingly details how Fortress Europe and White Australia are using immigration diplomacy and externalized borders to maintain a colonial present, how temporary labor migration in the Arab Gulf states and Canada is central to citizenship regulation and labor control, and far-right nationalism is escalating deadly violence in the US, Israel, India, the Philippines, Brazil, and across Europe, while producing a disaster of statelessness for millions elsewhere.A must-read in these difficult times of war, inequality, climate change, and global health crisis, Border and Rule is a clarion call for revolution. The book includes a foreword from renowned scholar Robin D. G. Kelley and an afterword from acclaimed activist-academic Nick Estes.
America for Americans: A History of Xenophobia in the United States
Erika Lee - 2019
Kendi, New York Times-bestselling author of How to Be an Antiracist).The United States is known as a nation of immigrants. But it is also a nation of xenophobia. In America for Americans, Erika Lee shows that an irrational fear, hatred, and hostility toward immigrants has been a defining feature of our nation from the colonial era to the Trump era. Benjamin Franklin ridiculed Germans for their "strange and foreign ways." Americans' anxiety over Irish Catholics turned xenophobia into a national political movement. Chinese immigrants were excluded, Japanese incarcerated, and Mexicans deported.Today, Americans fear Muslims, Latinos, and the so-called browning of America. Forcing us to confront this history, Lee explains how xenophobia works, why it has endured, and how it threatens America. Now updated with an afterword reflecting on how the coronavirus pandemic turbocharged xenophobia, America for Americans is an urgent spur to action for any concerned citizen.
Gideon's Trumpet
Anthony Lewis - 1964
To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."
The Limits of Whiteness: Iranian Americans and the Everyday Politics of Race
Neda Maghbouleh - 2017
According to the federal government, she and others from the Middle East are white. Indeed, a historical myth circulates even in immigrant families like Roya's, proclaiming Iranians to be the "original" white race. But based on the treatment Roya and her family receive in American schools, airports, workplaces, and neighborhoods-interactions characterized by intolerance or hate-Roya is increasingly certain that she is not white. In The Limits of Whiteness, Neda Maghbouleh offers a groundbreaking, timely look at how Iranians and other Middle Eastern Americans move across the color line.By shadowing Roya and more than 80 other young people, Maghbouleh documents Iranian Americans' shifting racial status. Drawing on never-before-analyzed historical and legal evidence, she captures the unique experience of an immigrant group trapped between legal racial invisibility and everyday racial hyper-visibility. Her findings are essential for understanding the unprecedented challenge Middle Easterners now face under "extreme vetting" and potential reclassification out of the "white" box. Maghbouleh tells for the first time the compelling, often heartbreaking story of how a white American immigrant group can become brown and what such a transformation says about race in America.
Supreme Whispers: Conversations with Judges of the Supreme Court of India 1980-89
Abhinav Chandrachud - 2018
Based on 114 intriguing interviews with nineteen former chief justices of India and more than sixty-six former judges of the Supreme Court of India, Abhinav Chandrachud opens a window to the life and times of the former judges of India's highest court of law and in the process offers a history that largely remained in oblivion for a long time.
This Land Is Our Land: An Immigrant’s Manifesto
Suketu Mehta - 2019
The West, he argues, is being destroyed not by immigrants but by the fear of immigrants. He juxtaposes the phony narratives of populist ideologues with the ordinary heroism of labourers, nannies and others, from Dubai to New York, and explains why more people are on the move today than ever before. As civil strife and climate change reshape large parts of the planet, it is little surprise that borders have become so porous.This Land is Our Land also stresses the destructive legacies of colonialism and global inequality on large swathes of the world. When today’s immigrants are asked, ‘Why are you here?’, they can justly respond, ‘We are here because you were there.’ And now that they are here, as Mehta demonstrates, immigrants bring great benefits, enabling countries and communities to flourish.Impassioned, rigorous, and richly stocked with memorable stories and characters, This Land Is Our Land is a timely and necessary intervention, and literary polemic of the highest order.
The White Scourge: Mexicans, Blacks, and Poor Whites in Texas Cotton Culture
Neil Foley - 1997
This engrossing narrative, spanning the period from the Civil War through the collapse of tenant farming in the early 1940s, bridges the intellectual chasm between African American and Southern history on one hand and Chicano and Southwestern history on the other. The White Scourge describes a unique borderlands region, where the cultures of the South, West, and Mexico overlap, to provide a deeper understanding of the process of identity formation and to challenge the binary opposition between "black" and "white" that often dominates discussions of American race relations.In Texas, which by 1890 had become the nation's leading cotton-producing state, the presence of Mexican sharecroppers and farm workers complicated the black-white dyad that shaped rural labor relations in the South. With the transformation of agrarian society into corporate agribusiness, white racial identity began to fracture along class lines, further complicating categories of identity. Foley explores the "fringe of whiteness," an ethno-racial borderlands comprising Mexicans, African Americans, and poor whites, to trace shifting ideologies and power relations. By showing how many different ethnic groups are defined in relation to "whiteness," Foley redefines white racial identity as not simply a pinnacle of status but the complex racial, social, and economic matrix in which power and privilege are shared.Foley skillfully weaves archival material with oral history interviews, providing a richly detailed view of everyday life in the Texas cotton culture. Addressing the ways in which historical categories affect the lives of ordinary people, The White Scourge tells the broader story of racial identity in America; at the same time it paints an evocative picture of a unique American region. This truly multiracial narrative touches on many issues central to our understanding of American history: labor and the role of unions, gender roles and their relation to ethnicity, the demise of agrarian whiteness, and the Mexican-American experience.