Race, Racism, and American Law

ISBN-10: 0735512027
ISBN-13: 9780735512023
Edition: 4th 2000 (Revised)
Authors: Derrick A. Bell
List price: $89.00
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Book details

List price: $89.00
Edition: 4th
Copyright year: 2000
Publisher: Wolters Kluwer Law & Business
Publication date: 3/31/2000
Binding: Hardcover
Pages: 1034
Language: English

Preface to the Fourth Edition
Acknowledgments
The Nomenclature of Race
Introduction
Race: A Modern-Day Phenomenon
Race as Biology
Racial Essence
Sociohistorical Constructions of Race
Choice in Racial Identity
Choice and the Implication of Multiraciality
Conclusion
American Racism and the Uses of History
Introduction
Racism Hypo: African Americans and the Afrolantics Opportunity
An Overview of Black History
The Emancipation Proclamation
Abolition of Slavery in Northern States
Slavery in America
Slavery and the Conflict of Laws
The Dred Scott Case
Slavery and the Founding Fathers
The Origin and Development of Slavery Compromise
The Principle of the Involuntary Sacrifice
The Civil War Amendments and Civil Rights Acts
The Lessons of the First Reconstruction
Understanding Racism Based on the Nineteenth-Century Experience
Reparations for Racism
Emigration as an Answer
A New Racial Realism
Racism and Other "Nonwhites"
Introduction
The Indian
Nonwhite Natives in Other Lands
Nonblack Racial Minorities in the United States
Color-Blind Constitutionalism: A Rediscovered Rationale
Introduction
The Racial Platitude of Plessy's New Day
A Politically Motivated Reversal of Judicial Precedent
The Courts Adopt Color-Blindness
A Critical Race Theory Critique of Color-Blindness
The Quest for Effective Schools
The Separate School/Integrated School Cycle in the Nineteenth Century
Extracting Equality from the "Separate but Equal" Doctrine
Brown v. Board of Education
The Green/Swann/Keyes Breakthrough
The Road from Swann
The Neutral Principle of Race in Brown
School Finance
Single-Race Schools: Retrograde or Renaissance?
Charter Schools and School Vouchers
Black Colleges and the Desegregation Dilemma
Racism Hypo: Excluded White Applicants v. Howard University School of Dentistry
Minority Admissions and the Usual Price of Racial Remedies
From Affirmative Action to New Challenges on Traditional Admissions Criteria
Public Facilities: Symbols of Subordination
Segregation Statues: Methods and Motivations
The Supreme Court's Nineteenth-Century Approval of Segregation
Justice Bradley Reconsiders the Fourteenth Amendment
The Supreme Court's Mid-Twentieth-Century Rejection of Segregation
Racism Hypo: ACLU v. Harmonia Prison Authority
Title II, Its Development and Potential
The Private Club Exemption
The Private Club Exemption and State Action
Private Clubs and Public Tax Subsidies
Private Facilities and Section 1981
Racial Discrimination in the Marketplace
Public Facility Bias: Testers to the Rescue
Interracial Sex and Marriage
Defining the Contemporary Miscegenation Problem
The Rise and Decline of Miscegenation Laws
The Motivations of Miscegenation Policy
Black Opposition to Interracial Love and Marriage
Interracial Couples and Employment Discrimination
Interracial Couples and Housing Discrimination
Religious Belief and Interracial Social Contact
Interracial Influences on Custody Cases
Racism Hypo: The Color-Blind Adoption Act
Interracial Adoptions
Interracial Adoptions and the American Indian Child Welfare Act of 1978
Property Barriers and Fair Housing Laws
Introduction
The Restrictive Covenant Cases
Use of Referenda and Initiatives to Eliminate Civil Rights
Section 1982
Racism Hypo: Town and Country Fair Housing, Inc. v. RIGHT ON Home Mortgage Co.
The Fair Housing Act of 1968
Damages for Intangible Injury in Housing Discrimination Cases
Racism Hypo: Trudy Trustwell v. Have-a Hart Realty Co.
Federal Fair Housing Law and the "Standing" Issue
Continuing Segregation and Occupancy Controls
Racism Hypo: Blackright v. Village of New Day
Urban Renewal and Black Housing
Public Housing and the Integration Ideology
Proof Standards in Municipal Land Use Challenges
Discrimination in the Administration of Justice
Summary Punishment via Racial Violence
Criminal Remedies for Civil Rights Violations
Ineffective Criminal Penalties
Screws v. United States
Interracial Lynching and the Revitalization of Sections 241 and 242
Civil Remedies Under Section 1983
Pre-Monell Efforts to Achieve Municipal Liability
Civil Remedies Under Section 1985(3)
Civil Remedies Based Directly on Constitutional Amendments
Societal Limits on Basic Protections for Blacks
Racism Hypo: Black Plaintiffs v. Suburban Scene
Discrimination in the Criminal Justice System
Nondiscriminatory Jury Selection Standards
Racism in the Jury Box
The Systematic Exclusion Standard
The Peremptory Challenge: A Choice of Interests
Raising the Racial Issue on Voir Dire
Affirmative Action in the Jury Box
Racism Hypo: Proposed Model Racial Reality in Jury Selection Act
The Right to Nondiscriminatory Juries in Civil Cases
Voting Rights and Democratic Domination
Introduction
To Vote or Not to Vote?
Disfranchisement: Post-Reconstruction Style
Symbolic Voting Rights
Twentieth-Century Voting Rights Acts
Judicial Review and the 1965 Voting Rights Act
The Aftermath of Disfranchisement
Post-Gomillion Gerrymanders: Problems of Proof
Political Gerrymanders with Racial Implications
Black Vote Dilution via At-Large Elections
The Supreme Court and Multi-Member Dilution Standards
Section 5 and Annexation Challenges
Section 5 and Redistricting Challenges
Shaw v. Reno Lines of Cases
Reserved Racial Representation
The Racial Futility Component in Black Voting
The Parameters of Racial Protest
Introduction
The Lawful Protester's Dilemma
"Creative DIsorder" and the Courts
Judicial Sanctioning of the Sit-Ins While Preserving Racial Hierarchy
The Judicial Role in Social Reform Through Protests
Civil Rights Boycotts and Counterattacks
Defamatory Statements and Protest Rights
Racial Demonstrations Since the Sit-In Period
Racial Issues and the Flag-Burning Cases
Cross Burning by Whites as Expressive Conduct
Balancing School Protest Rights
Fair Hearings for Student Protestors
Protest Rights in Residential Areas
Race, Rap, and the Regulation of Free Speech
Racism Hypo: Maiden Heaven v. City of Otisville
The First Amendment and Racist Speech
Racism Hypo: Park v. Dean of Students
The Limited Strategy of Fair Employment Laws
Employment Discrimination and Its Impact on the Economic Status of Blacks
Toward a Jurisprudence of Employment Discrimination
Employment Discrimination and Labor Relations Law Remedies
Labor Stability vs. Racial Equality
Fair Employment Laws: An Overview
Title VII and Disparate Treatment
Title VII and Disparate Impact: Griggs and Wards Cove
The Legacy of Washington v. Davis and the Search for Discriminatory Purpose
Beyond the Blue-Collar Worker: The Upper Limits of Remedies for Employment Discrimination
Title VII and Affirmative Action
Employment, Race, and Gender: Are You a Black, a Woman, or What?
Appendix of Case Opinions
Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857)
The Civil Rights Cases, 109 U.S. 3 (1883)
Plessy v. Ferguson, 163 U.S. 537 (1896)
Korematsu v. United States, 323 U.S. 214 (1944)
Brown v. Board of Ed. (Brown I), 347 U.S. 483 (1954)
Brown v. Board of Ed. (Brown II), 349 U.S. 294 (1955)
Washington v. Davis, 426 U.S. 229 (1976)
Regents of the University of California v. Bakke, 438 U.S. 265 (1978)
Batson v. Kentucky, 476 U.S. 79 (1986)
Thornburgh v. Gingles, 478 U.S. 30 (1986)
Richmond v. J.A. Croson Co., 488 U.S. 469 (1989)
Wards Cove v. Atonio, 490 U.S. 642 (1989)
R.A.V. v. City of St. Paul, Minnesota, 505 U.S. 377 (1992)
Wisconsin v. Mitchell, 508 U.S. 476 (1993)
Shaw v. Reno, 509 U.S. 630 (1993)
Shaw v. Hunt, 517 U.S. 899 (1996)
Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995)
Table of Cases
Index

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