This revised book includes material on key issues such as colourblind jurisprudence, Latino-critical scholarship, immigration, and the rollback of affirmative action. It introduces readers to important new voices in fields outside of law, including education and psychology, and offers expanded issues for discussion.
For well over a decade, critical race theory--the school of thought that holds that race lies at the very nexus of American life--has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history. And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.
In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.
This revised book includes material on key issues such as colourblind jurisprudence, Latino-critical scholarship, immigration, and the rollback of affirmative action. It introduces readers to important new voices in fields outside of law, including education and psychology, and offers expanded issues for discussion.
This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
This autoethnographic study examines my experiences as an African American born and raised in the United States of America, who—from the time I realized I was Black at age ten until the present day, more than fifty years later—experiences racism either overtly or covertly on a daily basis. I first explore my days as a high school student involved in a court desegregation case and the trauma I experienced in the hostile environment where White students openly showed their racial hatred for the Black students who would dare to enroll in “their school.” I examine my life as a college student in Alabama at the height of the Civil Rights Movement and my participation in nonviolent protests, especially the famous Selma to Montgomery march led by Dr. Martin Luther King, Jr.
A compact introduction to the field of racial discrimination law that explains the origins, principal themes, leading voices, and new directions of this important movement in legal thought. This revised edition includes material on key issues such as colorblind jurisprudence, Latino-critical scholarship, immigration, and the rollback of affirmative action.
A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.
Throughout U.S. history, education policies, practices, and politics have been described and tested to yield empirical data, often with little attempt to place findings in a larger theoretical infrastructure that could provide them with increased explanatory, critical, or even liberatory power. This collection fills that void by taking the point of view that neither research nor theory alone is adequate to the task of social explanation. Instead, Jean Anyon and her collaborators argue that they imbricate and instantiate one another, forming and informing each other as the inquiry process unfolds.
From 2004 to 2006 the Osage Nation conducted a contentious governmental reform process in which sharply differing visions arose over the new government's goals, the Nation's own history, and what it means to be Osage. The primary debates were focused on biology, culture, natural resources, and sovereignty. Osage anthropologist Jean Dennison documents the reform process in order to reveal the lasting effects of colonialism and to illuminate the possibilities for indigenous sovereignty. In doing so, she brings to light the many complexities of defining indigenous citizenship and governance in the twenty-first century. By situating the 2004-6 Osage Nation reform process within its historical and current contexts, Dennison illustrates how the Osage have creatively responded to continuing assaults on their nationhood. A fascinating account of a nation in the midst of its own remaking, Colonial Entanglement presents a sharp analysis of how legacies of European invasion and settlement in North America continue to affect indigenous people's views of selfhood and nationhood.
Based upon extensive ethnographic data, “A Roof Over My Head” examines the lives of homeless women who cope with domestic violence, low-income housing shortages, and poverty. The author draws upon interviews with homeless women, interviews with housed people, and, finally, evaluations of shelter services, philosophies, and policies to get at the causes and social constructions of homelessness. “A Roof Over My Head” is a groundbreaking study that unveils the centrality of abuse and poverty in homeless women’s lives and outlines ways in which societal responses can and should be more effective. The second edition explores recent attempts to integrate homeless and battered women’s shelters and recent research on domestic violence as a cause of homelessness. It contains a new introduction that analyzes the most recent homeless policy developments and paints a picture of the homeless population today. With updated statistics and policy information throughout, the second edition of “A Roof Over My Head” illustrates why ending homelessness in the United States continues to present a thorny and complex challenge.
How the history of racism without visible differences between people challenges our understanding of the history of racial thinking Racial divisions have returned to the forefront of politics in the United States and European societies, making it more important than ever to understand race and racism. But do we? In this original and provocative book, acclaimed historian Jean-Frédéric Schaub shows that we don't—and that we need to rethink the widespread assumption that racism is essentially a modern form of discrimination based on skin color and other visible differences. On the contrary, Schaub argues that to understand racism we must look at historical episodes of collective discrimination where there was no visible difference between people. Built around notions of identity and otherness, race is above all a political tool that must be understood in the context of its historical origins. Although scholars agree that races don't exist except as ideological constructions, they disagree about when these ideologies emerged. Drawing on historical research from the early modern period to today, Schaub makes the case that the key turning point in the political history of race in the West occurred not with the Atlantic slave trade and American slavery, as many historians have argued, but much earlier, in fifteenth-century Spain and Portugal, with the racialization of Christians of Jewish and Muslim origin. These Christians were discriminated against under the new idea that they had negative social and moral traits that were passed from generation to generation through blood, semen, or milk—an idea whose legacy has persisted through the age of empires to today. Challenging widespread definitions of race and offering a new chronology of racial thinking, Schaub shows why race must always be understood in the context of its political history.
Artioles and symposia on major controversial social issues: integration and civil rights; President Clinton's recent race initiative; poverty; education; the environment; democratic participation; disability rights; corporate welfare; and others. The range of contributors is wide, and includes Julian Bond, Herbert Gans, James Loewen, Jonathan Kozol, Manning Marable, Howard Zinn, Benjamin DeMott, Frances Fox Piven, and Marian Wright Edelman.
In this innovative work Jean Hillier develops a new theory for students and researchers of spatial planning and governance which is grounded primarily in the work of Gilles Deleuze. The theory recognizes the complex interrelation between place qualities and the multiple space-time relational dynamics of spatial governance. Using empirical examples from England and Australia, Hillier identifies the power of networks and trajectories through which various actors territorialize space and explores the social and political responsibilities of spatial managers and decision-makers. She considers what spatial planning and urban management practices could look like if they were to be developed along Deleuzean lines, and suggests alternative framings for spatial practice: broad trajectories or 'visions' of the longer-term future and shorter-term, location-specific detailed plans and projects with collaboratively determined tangible goals.
An authoritative study of the indigenous religion still practiced in Guatemala based on extensive original research and participant observation. Jean Molesky-Poz draws on in-depth dialogues with Maya Ajq’ijab’ (keepers of the ritual calendar), her own participant observation, and inter-disciplinary resources to offer a comprehensive, innovative, and well-grounded understanding of contemporary Maya spirituality and its theological underpinnings. She reveals significant continuities between contemporary and ancient Maya worldviews and spiritual practices. Molesky-Poz opens with a discussion of how the public emergence of Maya spirituality is situated within the religious political history of the Guatemalan highlands, particularly the pan-Maya movement. She investigates Maya cosmovision and its foundational principles, as expressed by Ajq’ijab’. At the heart of this work, Ajq’ijab’ interpret their obligation, lives, and spiritual work. Molesky-Poz then explores aspects of Maya spirituality, including sacred geography, sacred time, and ritual practice. She confirms contemporary Maya spirituality as a faith tradition with elaborate historical roots that has significance for individual, collective, and historical lives, reaffirming its own public space and legal right to be practiced.
At last there is a lucid, well-written OB book, which covers key issues required in OB teaching, but which has a mind of its own. Students and faculty will recognize this is more than standard fare." - Bill Cooke, Manchester Business School
In this penetrating book, Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They show how legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all, exalting consistency over ambiguity, rationality over emotion, and rules over social context and narrative. Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor’s cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound’s release from St. Elizabeths Hospital. Drawing on MacLeish’s story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latino/as in the civil rights equation.
Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century-one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem-race. The contributions, from a stellar roster of established and emerging scholars, address new topics, such as intersectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education. Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.
A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside clichés that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Jean Stefancic and Richard Delgado provide an incisive analysis of the Right's rise to power. The authors show that, since the sixties, the Left has had little to do with setting the country's agenda and that conservative think tanks and foundations have been systematically abetting a conservative revolution by funding a variety of issue-oriented studies and programs. The authors focus on seven areas in which this battle has been waged and won by the powerful conservative coalition: English Only; Proposition 187 and immigration reform; IQ, race, and eugenics; affirmative action; welfare; tort reform; and campus multi-culturalism. How has the Right managed to gain the advantage in these traditionally liberal campaigns? How can this be stopped? During this research, the authors found themselves in partial admiration of the dedication, economy of effort, and sheer ingenuity of the conservative forces. But Stefancic and Delgado seek to inform the American public about how the juggernaut operates - not to celebrate but to combat it. They challenge the Left to adopt the same sort of strategic focus and issue orientation as the Right to bring this country back to the center - before it's too late.
Focusing on the crucial discipline of the law, Failed Revolutions casts light on the many forces working against meaningful social change. Through the construction of authority, the marginalization of dissenting views, and institutions designed to replicate established opinion, the legal profession systematically blocks not just the possibility of change but even our ability to imagine it. Failed Revolutions will be of particular interest for lawyers and legal scholars, but its wide implications make it valuable reading for any citizen concerned with the possibility of social reform.
Excerpts from the novels, plays, and poems of the French convict, prostitute, and literary artist join notes from his film, The Penal Colony, letters, essays, and a rare interview, all edited by a contemporary biographer.
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