Title: Rethinking the American race problem 
Author: Brooks, Roy L. (Roy Lavon) 1950-
Published: University of California Press,  1990
Subjects: American Studies | Law | Politics | Ethnic Studies
Publisher's Description: If the conservative view of the American race problem is frightening, the traditional liberal view seems impotent. Analyzing the race problem from neither right nor left, Brooks sheds a new and clarifying light on America's longest running social and moral dilemma.This incisive book provides a bold new examination of the seemingly intractable racial problems confronting Americans at the end of the twentieth century. In a wide-ranging and probing study, Brooks calls into question the prevailing wisdom about racism, civil rights legislation, and the composition of the Black community, going on to offer a dramatic new approach to the race problem. In Brooks' mind, civil rights laws - laws targeted at racial discrimination - have not only failed to engender racial equality, but have in fact had a negative effect on the standard of living of many Blacks. Brooks defines the American race problem so as to carefully separate racial oppression from (economic) class oppression and explains how civil rights legislation since the 1960s has hurt Black Americans of every class. He offers a strategy for resolving the country's racial inequities, unique in its attentiveness to class division in Black society, that combines governmental remedies and an unprecedented program of Black self-help.While Brooks argues that the government has the means to resolve the race dilemma, he suggests that it lacks the spirit to do so. Thus, it may be time for Black Americans to come to grips with an unpleasant reality - namely, that they can count on the government only for minimal alleviation, and must take on the larger portion of responsibility for resolving the American race problem themselves.Certain to arouse controversy, Rethinking the American Race Problem offers new understandings of issues often clouded by misconceptions and backward notions. It is an important book for anyone concerned about the current state of race relations in America.   [brief]
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Title: Rethinking the borderlands: between Chicano culture and legal discourse 
Author: Gutiérrez-Jones, Carl Scott
Published: University of California Press,  1995
Subjects: American Studies | Chicano Studies | Literature | Language and Linguistics | Law | Social and Political Thought | Rhetoric | Postcolonial Studies | United States History | United States History
Publisher's Description: Challenging the long-cherished notion of legal objectivity in the United States, Carl Gutiérrez-Jones argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. Rethinking the Borderlands is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians, and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court.Gutiérrez-Jones examines the process by which Chicanos have become associated with criminality in both our legal institutions and our mainstream popular culture and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and race studies, Gutiérrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.   [brief]
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Title: Rugged justice: the Ninth Circuit Court of Appeals and the American West, 1891-1941 
Author: Frederick, David C
Published: University of California Press,  1994
Subjects: History | History | United States History | Californian and Western History | California and the West | Law
Publisher's Description: Few chapters in American judicial history have enjoyed as colorful a past as has the U.S. Court of Appeals for the Ninth Circuit. Created in 1891, its jurisdiction now encompasses California, Oregon, Nevada, Washington, Idaho, Montana, Arizona, Hawaii, and Alaska. David Frederick has mined archival sources, including court records and legal papers throughout the West and in Washington, D.C., to document the Ninth Circuit's first fifty years. His findings are much more than a record of the court, however, for they also provide a unique social and cultural history of the West.During these years, the court heard key cases involving railroads, the Alaska gold rush, Chinese immigration, organized labor, and use of natural resources. Many of the decisions from this period foreshadowed issues that are with us today. Frederick also documents the court's part in Western development and in issues relating to World War I, Prohibition, New Deal legislation, and the evolving role of federal judges.Frederick portrays the West's most important judicial institution with clarity and intelligence, reminding us that the evolution of the Ninth Circuit both reflected and affected the dramatic changes occurring in the West during the court's early years. This is a book that will appeal not only to lawyers, but to historians, sociologists, and general readers as well.   [brief]
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Title: Silence at Boalt Hall: the dismantling of affirmative action 
Author: Guerrero, Andrea 1970-
Published: University of California Press,  2002
Subjects: American Studies | Anthropology | Sociology | African American Studies | Asian American Studies | Politics | Gender Studies | Law | Politics | Politics
Publisher's Description: In 1995, in a marked reversal of progress in the march toward racial equity, the Board of Regents voted to end affirmative action at the University of California. One year later the electorate voted to do the same across the state of California. Silence at Boalt Hall is the thirty-year story of students, faculty, and administrators struggling with the politics of race in higher education at U.C. Berkeley's prestigious law school - one of the first institutions to implement affirmative action policies and one of the first to be forced to remove them. Andrea Guerrero is a member of the last class of students admitted to Boalt Hall under the affirmative action policies. Her informed and passionate journalistic account provides an insider's view into one of the most pivotal and controversial issues of our time: racial diversity in higher education. Guerrero relates the stories of those who benefited from affirmative action and those who suffered from its removal. She shows how the "race-blind" admission policies at Boalt have been far from race-neutral and how the voices of underrepresented minority students have largely disappeared. A hushed silence - the silence of students, faculty, and administrators unwilling and unable to discuss the difficult issues of race - now hangs over Boalt and many institutions like it, Guerrero claims. As the legal and sociopolitical battles over affirmative action continue on a number of consequential fronts, this book provides a rich and engrossing perspective on many facets of this crucial question.   [brief]
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Title: Slide Mountain, or, The folly of owning nature 
Author: Steinberg, Theodore 1961-
Published: University of California Press,  1995
Subjects: Law | Environmental Studies | United States History | American Studies
Publisher's Description: The drive to own the natural world in twentieth-century America seems virtually limitless. Signs of this national penchant for possessing nature are everywhere - from suburban picket fences to elaborate schemes to own underground water, clouds, even the ocean floor.Yet, as Theodore Steinberg demonstrates in this compelling, witty look at Americans' attempts to master the environment, nature continually turns these efforts into folly. In a rich, narrative style recalling the work of John McPhee, Steinberg tours America to explore some of the more unusual dilemmas that have arisen in our struggle to possess nature.Beginning along the Missouri River, Steinberg recounts the battle for three thousand acres of land the river carved from a Nebraska Indian reservation and deposited in Iowa. Then he travels to Louisiana, where an army of lawyers butted heads over whether Six Mile Lake was actually a lake or a stream. He continues to Arizona to investigate who owned the underground, then to Pennsylvania's Blue Ridge Mountains to see who claimed the clouds. He ends in crowded New York City with Donald Trump's struggle for air rights.Americans' obsession with owning nature was immortalized by Mark Twain in the tale of Slide Mountain, where a landslide-prone Nevada peak turned the American dream of real estate into dust. In relating these modern-day "Slide Mountain" stories, Steinberg illuminates what it means to live in a culture of property where everything must have an owner.   [brief]
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Title: Small property versus big government: social origins of the property tax revolt 
Author: Lo, Clarence Y. H
Published: University of California Press,  1990
Subjects: Sociology | American Studies | Public Policy | Law | Sociology
Publisher's Description: Tax reformers, take note. Clarence Lo's investigation of California's Proposition 13 and other tax reduction bills is both a tribute and a warning to people who get "mad as hell" and try to do something about being pushed around by government. Homeowners in California, faced with impossible property tax bills in the 1970s, got mad and pushed back, starting an avalanche that swept tax limitation measures into state after state. What we learn is that, although the property tax was slashed, two-thirds of the benefits went to business owners rather than homeowners.How did a crusade launched by homeowning consumers seeking tax relief end up as a pro-business, supply-side political program? To trace the transformation, Lo uses the firsthand recollections of 120 activists in the movement, going back to the 1950s. He shows how their protests were ignored, until a suburban alliance of upper-middle-class property owners and business owners took charge. It was the program of that latter group, not the plight of the moderate-income homeowner, which inspired tax revolts across the nation and shaped the economic policies of the Reagan administration.   [brief]
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Title: Tokugawa village practice: class, status, power, law 
Author: Ooms, Herman
Published: University of California Press,  1996
Subjects: History | Asian History | Japan | Law
Publisher's Description: In contrast to modern Japanese citizens, during the Tokugawa period (1600-1868) villagers frequently resorted to lawsuits to settle conflicts. Herman Ooms uses colorful, skillfully analyzed case studies to trace the evolution of class and status conflicts through lawsuits and petitions in villages. Inspired by the work of Max Weber and Pierre Bourdieu, this exploration of social and legal history illuminates the texture and detail of village life, focusing on relations to authority.Opening with a story of an angry peasant woman's lifelong struggle against village authority (a story involving murder and revenge), Ooms highlights the role played by obscure historical actors including local elites, commoners, women, and outcastes. He also discusses the important role lineages played in village politics and examines the origins of discrimination against Japan's burakumin , or outcastes.   [brief]
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Title: Transforming free speech: the ambiguous legacy of civil libertarianism 
Author: Graber, Mark A
Published: University of California Press,  1991
Subjects: Law | Social and Political Thought | Politics
Publisher's Description: Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. Transforming Free Speech challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition.Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument.The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr. (1885-1957), the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power.Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, Transforming Free Speech will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States.   [brief]
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Title: The unity of the common law: studies in Hegelian jurisprudence 
Author: Brudner, Alan
Published: University of California Press,  1995
Subjects: Philosophy | Law | Social and Political Thought | Political Theory
Publisher's Description: Countering the influential view of Critical Legal Studies that law is an incoherent mixture of conflicting political ideologies, this book forges a new paradigm for understanding the common law as being unified and systematic. Alan Brudner applies Hegel's legal and moral philosophy to fashion a comprehensive synthesis of the common law of property, contract, tort, and crime.At a time when there is a strong tendency among scholars to view the common law as essentially fragmentary, inconsistent, and contradictory, Brudner suggests instead a coherence that synthesizes several interrelated dichotomies: good-centered and right-based legal paradigms, instrumental and non-instrumental conceptions of law, externalist and internalist interpretations of the common law system, and communitarian and individualist attempts to found the legal enterprise.Brudner covers genuinely new ground through an interpretation of the common law from the standpoint of Hegelian legal philosophy. His unifying notion of common law corresponds to Hegel's notion of Geist , suggesting a designation of the mutual dependence of the community and the atomistic self for their confirmation as ends.   [brief]
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Title: The vestal and the fasces: Hegel, Lacan, property, and the feminine 
Author: Schroeder, Jeanne Lorraine
Published: University of California Press,  1998
Subjects: Law | Philosophy | Gender Studies
Publisher's Description: In this feminist exploration of the erotics of the marketplace, Hegel's notion of property and Lacan's idea of the phallus serve parallel functions in creating the subjectivity necessary for self-actualization. Subjectivity requires intersubjective relationships mediated through a regime of possessing, enjoying, and exchanging an object of desire. For Hegel, this regime is property; for Lacan, it is sexuality, symbolized by the Phallus, which we conflate with the male organ and the female body. Property law, in Jeanne Schroeder's account, is implicitly figured by similar anatomical metaphors for that which men wish to possess and that which women try to be and enjoy. This is reflected in imagery taken from ancient Rome - the axe and bundle of sticks known as the Fasces, and the virgin priestess called the Vestal.Schroeder traces the persistence of phallic metaphors in modern jurisprudence. Rejecting the dominant schools of legal feminism, she reconceptualizes property - the legal relationship as well as its not necessarily material object - as a necessary moment in the human struggle for love and recognition. The Feminine, for Schroeder, is the radical negativity at the heart of both Lacan's split subject and Hegel's concept of freedom. Feminine emancipation and private property are, therefore, equally necessary conditions for the actualization of the free individual and the just society. Feminist scholars, social theorists, political scientists, philosophers, and lawyers will find in Schroeder's analysis scintillating new perspectives on property theory and the feminine within the market and the law.   [brief]
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Title: Weimar: a jurisprudence of crisis 
Author: Jacobson, Arthur J
Published: University of California Press,  2001
Subjects: Law | Social and Political Thought | German Studies | Political Theory
Publisher's Description: This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.   [brief]
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