Unequal Under Law Download Ebook PDF Epub Online

Author : Doris Marie Provine
Publisher : University of Chicago Press
Release : 2008-09-15
Page : 193
Category : Social Science
ISBN 13 : 0226684784
Description :


Race is clearly a factor in government efforts to control dangerous drugs, but the precise ways that race affects drug laws remain difficult to pinpoint. Illuminating this elusive relationship, Unequal under Law lays out how decades of both manifest and latent racism helped shape a punitive U.S. drug policy whose onerous impact on racial minorities has been willfully ignored by Congress and the courts. Doris Marie Provine’s engaging analysis traces the history of race in anti-drug efforts from the temperance movement of the early 1900s to the crack scare of the late twentieth century, showing how campaigns to criminalize drug use have always conjured images of feared minorities. Explaining how alarm over a threatening black drug trade fueled support in the 1980s for a mandatory minimum sentencing scheme of unprecedented severity, Provine contends that while our drug laws may no longer be racist by design, they remain racist in design. Moreover, their racial origins have long been ignored by every branch of government. This dangerous denial threatens our constitutional guarantee of equal protection of law and mutes a much-needed national discussion about institutionalized racism—a discussion that Unequal under Law promises to initiate.


Author : Randall Kennedy
Publisher : Vintage
Release : 2012-02-22
Page : 560
Category : Social Science
ISBN 13 : 0307814653
Description :


In this powerfully reasoned, lucidly written work, Harvard Law Professor Randall Kennedy takes on the highly complex issues of race, crime, and the legal system, uncovering the long-standing failure of the justice system to protect blacks from criminals and revealing difficult truths about these factors in the United States.


Author : Richard Rothstein
Publisher : Liveright Publishing
Release : 2017-05-02
Page : 368
Category : Social Science
ISBN 13 : 1631492861
Description :


New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.


Author : Sandra F. Sperino
Suja A. Thomas
Publisher : Oxford University Press
Release : 2017-05-01
Page : 272
Category : Law
ISBN 13 : 0190278404
Description :


It is no secret that since the 1980s, American workers have lost power vis-à-vis employers through the well-chronicled steep decline in private sector unionization. American workers have also lost power in other ways. Those alleging employment discrimination have fared increasingly poorly in the courts. In recent years, judges have dismissed scores of cases in which workers presented evidence that supervisors referred to them using racial or gender slurs. In one federal district court, judges dismissed more than 80 percent of the race discrimination cases filed over a year. And when juries return verdicts in favor of employees, judges often second guess those verdicts, finding ways to nullify the jury's verdict and rule in favor of the employer. Most Americans assume that that an employee alleging workplace discrimination faces the same legal system as other litigants. After all, we do not usually think that legal rules vary depending upon the type of claim brought. The employment law scholars Sandra A. Sperino and Suja A. Thomas show in Unequal that our assumptions are wrong. Over the course of the last half century, employment discrimination claims have come to operate in a fundamentally different legal system than other claims. It is in many respects a parallel universe, one in which the legal system systematically favors employers over employees. A host of procedural, evidentiary, and substantive mechanisms serve as barriers for employees, making it extremely difficult for them to access the courts. Moreover, these mechanisms make it fairly easy for judges to dismiss a case prior to trial. Americans are unaware of how the system operates partly because they think that race and gender discrimination are in the process of fading away. But such discrimination still happens in the workplace, and workers now have little recourse to fight it legally. By tracing the modern history of employment discrimination, Sperino and Thomas provide an authoritative account of how our legal system evolved into an institution that is inherently biased against workers making rights claims.


Author : Paula Mallea
Publisher : Dundurn.com
Release : 2014-06-28
Page : 256
Category : Political Science
ISBN 13 : 1459722914
Description :


A criminal prosecutor discusses the illegal drug trade and the failure of the so-called “War on Drugs” to stop it. In 1971, President Richard Nixon coined the term “War on Drugs.” His campaign to eradicate illegal drug use was picked up by the media and championed by succeeding presidents, including Reagan. Canada was a willing ally in this “war,” and is currently cracking down on drug offences at a time when even the U.S. is beginning to climb down from its reliance on incarceration. Elsewhere in the world, there has been a sea change. The Global Commission on Drug Policy, including international luminaries like Kofi Annan, declared that the War on Drugs “has not, and cannot, be won.” Former heads of state and drug warriors have come out in favour of this perspective. Former presidents Jimmy Carter and Bill Clinton agree with legions of public health officials, scientists, politicians, and police officers that a new approach is essential. Paula Mallea, in The War on Drugs, approaches this issue from a variety of points of view, offering insight into the history of drug use and abuse in the twentieth century; the pharmacology of illegal drugs; the economy of the illegal drug trade; and the complete lack of success that the war on drugs has had on drug cartels and the drug supply. She also looks ahead and discusses what can and is being done in Canada, the U.S., and the rest of the world to move on from the “war” and find better ways to address the issue of illegal drugs and their distribution, use, and abuse.


Author : Samuel Moyn
Publisher : Harvard University Press
Release : 2018-04-10
Page : 276
Category : History
ISBN 13 : 0674737563
Description :


Jacobin legacy: the origins of social justice -- National welfare and the universal declaration -- FDR's second bill -- Globalizing welfare after empire -- Basic needs and human rights -- Global ethics from equality to subsistence -- Human rights in the neoliberal maelstrom


Author : Richard Middleton
Publisher : West Academic Publishing
Release : 2018-05-13
Page : 285
Category :
ISBN 13 : 9781640201910
Description :


Unequal Protection of the Law: the Rights of Citizens and Non-Citizens in Comparative Perspective, explores the disparate allocation of legal rights of persons from a comparative, global perspective. In particular, the chapters herein canvass some of the timely, hot-topic issues relative to the legal rights of persons vis-à-vis the rights of citizens, migrants, refugees, and immigrants. In conducting a comparative analysis, the chapters elucidate how various migrant, refugee, and immigrant populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions. The chapters also explicate how the disparate allocation of rights under national laws raises a number of human rights law violations. Towards this endeavor, the chapters discuss which particular international laws, treaties, declarations, and/or conventions are implicated as a result of the disparate and unequal treatment of migrants, refugees, and immigrants under law. This book seeks to contribute important analyses and discussions on the current state of affairs relative to the rights of persons within the context of the rights of citizens vis-à-vis non-citizens (migrants, refugees and immigrants). In shedding light on how various migrant, immigrant and refugee populations are disproportionately disadvantaged under national laws as compared to citizens within the same jurisdictions, the chapters will raise general awareness of the differences in legal standing of people before the law. Students and scholars alike will gain exposure to timely international issues of civil rights and human rights - which can inform and guide the creation of norms relative to the rights all persons should enjoy as well as foment a greater awareness of the issue of legal rights within civil society. This book seeks to contribute scholarly discourse to the extant literature on citizenship and migration - and particularly - the interface of these two concepts. Lastly, this books aims to serve as a resource for students, scholars, practitioners, and even those with a casual interest, who seek a deeper understanding of some of the prevailing issues relative to the (dis)equal protection of laws throughout the globe. Collectively, the chapters in this book weave together a mosaic of case-studies and narratives that poignantly illustrate the disparate allocation of legal rights of persons from a comparative, global perspective. The chapters also make a strong case for why we should care about the rights of persons; about why we should care about human rights. Richard T. Middleton, IV, editor and contributor, is an Associate Professor of Political Science at the University of Missouri-St. Louis. Middleton is also an adjunct professor of law at St. Louis University School of Law where he teaches courses on immigration law and citizenship, social justice and human rights. He is also a licensed attorney who has practiced immigration law for many years.


Author : Committee on Understanding and Eliminating Racial and Ethnic Disparities in Health Care
Board on Health Sciences Policy
Publisher : National Academies Press
Release : 2009-02-06
Page : 432
Category : Health & Fitness
ISBN 13 : 030908265X
Description :


Racial and ethnic disparities in health care are known to reflect access to care and other issues that arise from differing socioeconomic conditions. There is, however, increasing evidence that even after such differences are accounted for, race and ethnicity remain significant predictors of the quality of health care received. In Unequal Treatment, a panel of experts documents this evidence and explores how persons of color experience the health care environment. The book examines how disparities in treatment may arise in health care systems and looks at aspects of the clinical encounter that may contribute to such disparities. Patients' and providers' attitudes, expectations, and behavior are analyzed. How to intervene? Unequal Treatment offers recommendations for improvements in medical care financing, allocation of care, availability of language translation, community-based care, and other arenas. The committee highlights the potential of cross-cultural education to improve provider-patient communication and offers a detailed look at how to integrate cross-cultural learning within the health professions. The book concludes with recommendations for data collection and research initiatives. Unequal Treatment will be vitally important to health care policymakers, administrators, providers, educators, and students as well as advocates for people of color.


Author : Clarence Lusane
Dennis Desmond
Publisher : South End Press
Release : 1991
Page : 293
Category : Political Science
ISBN 13 : 9780896084100
Description :


Lusane argues that "the federal drug war being waged in the nation's capital is parallel to that waged against other communities nationwide and worldwide."--SF Bay Guardian


Author : National Academies of Sciences, Engineering, and Medicine
Health and Medicine Division
Publisher : National Academies Press
Release : 2017-04-27
Page : 582
Category : Medical
ISBN 13 : 0309452961
Description :


In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.


Author : National Research Council
Division of Behavioral and Social Sciences and Education
Publisher : National Academies Press
Release : 2004-09-08
Page : 184
Category : Social Science
ISBN 13 : 9780309165860
Description :


As the population of older Americans grows, it is becoming more racially and ethnically diverse. Differences in health by racial and ethnic status could be increasingly consequential for health policy and programs. Such differences are are not simply a matter of education or ability to pay for health care. For instance, Asian Americans and Hispanics appear to be in better health, on a number of indicators, than White Americans, despite, on average, lower socioeconomic status. The reasons are complex, including possible roles for such factors as selective migration, risk behaviors, exposure to various stressors, patient attitudes, and geographic variation in health care. This volume, produced by a multidisciplinary panel, considers such possible explanations for racial and ethnic health differentials within an integrated framework. It provides a concise summary of available research and lays out a research agenda to address the many uncertainties in current knowledge. It recommends, for instance, looking at health differentials across the life course and deciphering the links between factors presumably producing differentials and biopsychosocial mechanisms that lead to impaired health.


Author : National Research Council
Division of Behavioral and Social Sciences and Education
Publisher : National Academies Press
Release : 2004-07-24
Page : 334
Category : Social Science
ISBN 13 : 0309091268
Description :


Many racial and ethnic groups in the United States, including blacks, Hispanics, Asians, American Indians, and others, have historically faced severe discriminationâ€"pervasive and open denial of civil, social, political, educational, and economic opportunities. Today, large differences among racial and ethnic groups continue to exist in employment, income and wealth, housing, education, criminal justice, health, and other areas. While many factors may contribute to such differences, their size and extent suggest that various forms of discriminatory treatment persist in U.S. society and serve to undercut the achievement of equal opportunity. Measuring Racial Discrimination considers the definition of race and racial discrimination, reviews the existing techniques used to measure racial discrimination, and identifies new tools and areas for future research. The book conducts a thorough evaluation of current methodologies for a wide range of circumstances in which racial discrimination may occur, and makes recommendations on how to better assess the presence and effects of discrimination.


Author : Dan Baum
Publisher : Little Brown
Release : 1996
Page : 396
Category : Social Science
ISBN 13 : 9780316084123
Description :


Argues that despite increasing levels of government action, illicit drugs are more readily available than ever, and analyzes the failure of our drug policy


Author : Lawrence Goldstone
Publisher :
Release : 2020-05-17
Page : 252
Category :
ISBN 13 :
Description :


...A potent and original examination of how the Supreme Court subverted justice and empowered the Jim Crow era.In the years following the Civil War, the 13th Amendment abolished slavery; the 14th conferred citizenship and equal protection under the law to white and black; and the 15th gave black American males the right to vote. In 1875, the most comprehensive civil rights legislation in the nation's history granted all Americans "the full and equal enjoyment" of public accommodations. Just eight years later, the Supreme Court, by an 8-1 vote, overturned the Civil Rights Act as unconstitutional and, in the process, disemboweled the equal protection provisions of the 14th Amendment. Using court records and accounts of the period, Lawrence Goldstone chronicles how "by the dawn of the 20th century the U.S. had become the nation of Jim Crow laws, quasi-slavery, and precisely the same two-tiered system of justice that had existed in the slave era."The very human story of how and why this happened make Inherently Unequal as important as it is provocative. Examining both celebrated decisions like Plessy v. Ferguson and those often overlooked, Goldstone demonstrates how the Supreme Court turned a blind eye to the obvious reality of racism, defending instead the business establishment and status quo--thereby legalizing the brutal prejudice that came to define the Jim Crow era.


Author : Naomi R. Cahn
June Carbone
Publisher : Cambridge University Press
Release : 2018-08-02
Page : 344
Category : Business & Economics
ISBN 13 : 1108415954
Description :


This volume explores the causes and consequences of family inequality in the United States, Europe, and Latin America.


Author : Lorenzo Cotula
Publisher : Routledge
Release : 2012-03-12
Page : 232
Category : Business & Economics
ISBN 13 : 1136600027
Description :


In the world’s developing countries, foreign investment in natural resources brings into contact competing interests that are often characterised by unequal balances of negotiating power – from multinational corporations and host governments, through to the local people affected by the influx of foreign investment. The growing integration of the world economy has been accompanied by rapid and extensive developments in the national and international norms that regulate investment and its impact – including investment law, natural resource law and human rights law. These legal developments affect the ‘shadow’ that the law casts over the multiple negotiations that characterise international investment projects in the developing world. Drawing on international law, the national law of selected jurisdictions and the contracts concluded in a large investment project, Human Rights, Natural Resource and Investment Law in a Globalised World explores the ways in which the law protects the varied property rights that are at play in foreign investment projects in developing countries, with a focus on Africa. Through an integrated analysis of seemingly disparate fields of law, this book sheds new light on how the law mediates the competing interests that come into contact as a result of economic globalisation, whilst also providing new insights on the changing nature of state sovereignty and on the relationship between law and power in a globalised world. This book will be of interest to scholars, students and informed practitioners working in the fields of international investment and human rights law, comparative law, socio-legal studies, and development studies.


Author : Evelyn Nakano GLENN
Publisher : Harvard University Press
Release : 2009-06-30
Page : 318
Category : Social Science
ISBN 13 : 9780674037649
Description :


The inequalities that persist in America have deep historical roots. Evelyn Nakano Glenn untangles this complex history in a unique comparative regional study from the end of Reconstruction to the eve of World War II. During this era the country experienced enormous social and economic changes with the abolition of slavery, rapid territorial expansion, and massive immigration, and struggled over the meaning of free labor and the essence of citizenship as people who previously had been excluded sought the promise of economic freedom and full political rights. After a lucid overview of the concepts of the free worker and the independent citizen at the national level, Glenn vividly details how race and gender issues framed the struggle over labor and citizenship rights at the local level between blacks and whites in the South, Mexicans and Anglos in the Southwest, and Asians and haoles (the white planter class) in Hawaii. She illuminates the complex interplay of local and national forces in American society and provides a dynamic view of how labor and citizenship were defined, enforced, and contested in a formative era for white-nonwhite relations in America.


Author : Meera Eknath Deo
Publisher :
Release : 2019-02-05
Page : 235
Category : Law
ISBN 13 : 9781503607842
Description :


Introduction : investigating raceXgender in legal academia -- Barriers to entry -- Ugly truths behind the mask of collegiality -- Connections and confrontations with students -- Tenure and promotion challenges -- Leading the charge -- In pursuit of work/life balance -- Conclusion : support, strategies, and solutions


Author : Morris Arnold
Publisher : University of Arkansas Press
Release : 1985-06-01
Page : 264
Category : Law
ISBN 13 : 9780938626763
Description :


Partly because its colonial settlements were tiny, remote, and inconsequential, the early history of Arkansas has been almost entirely neglected. Even Arkansas Post, the principal eighteenth-century settlement, served mainly as a temporary place of residence for trappers and voyageurs. It was also an entrepot for travelers on the Mississippi—a place to be while on the way elsewhere. Only a very few inhabitants, true agricultural settlers, ever established themselves a or around the Post. For most of the eighteenth century, Arkansas’s non-Indian population was less than one hundred, and never much exceeded five or six hundred. Its European residents of that era, mostly French, have left virtually no physical trace: the oldest buildings and the oldest marked graves in the state date from the 1820s. Drawing on original French and Spanish archival sources, Morris Arnold chronicles for the first time the legal institutions of colonial Arkansas, the attitude of its population towards European legal ideas as were current in Arkansas when Louisiana was transferred to the United States in 1803. Because he views the clash of legal traditions in the upper reaches of the Jefferson’s Louisiana as part of a more general cultural conflict, Arnold closely examines the social and economic characteristics of Arkansas’s early residents in order to explain why, following the American takeover, the common law was introduced into Arkansas with such relative ease.


Author : Doris Marie Provine
Monica W. Varsanyi
Publisher : University of Chicago Press
Release : 2016-06-14
Page : 208
Category : Political Science
ISBN 13 : 022636321X
Description :


The United States deported nearly two million illegal immigrants during the first five years of the Obama presidency—more than during any previous administration. President Obama stands accused by activists of being “deporter in chief.” Yet despite efforts to rebuild what many see as a broken system, the president has not yet been able to convince Congress to pass new immigration legislation, and his record remains rooted in a political landscape that was created long before his election. Deportation numbers have actually been on the rise since 1996, when two federal statutes sought to delegate a portion of the responsibilities for immigration enforcement to local authorities. Policing Immigrants traces the transition of immigration enforcement from a traditionally federal power exercised primarily near the US borders to a patchwork system of local policing that extends throughout the country’s interior. Since federal authorities set local law enforcement to the task of bringing suspected illegal immigrants to the federal government’s attention, local responses have varied. While some localities have resisted the work, others have aggressively sought out unauthorized immigrants, often seeking to further their own objectives by putting their own stamp on immigration policing. Tellingly, how a community responds can best be predicted not by conditions like crime rates or the state of the local economy but rather by the level of conservatism among local voters. What has resulted, the authors argue, is a system that is neither just nor effective—one that threatens the core crime-fighting mission of policing by promoting racial profiling, creating fear in immigrant communities, and undermining the critical community-based function of local policing.