Race, Law, and Culture: Reflections on Brown v. Board of EducationAustin Sarat Oxford University Press, 6. mar. 1997 - 256 síður When it comes to race and racial issues these are strange times for all Americans. More than forty years after Brown v. Board of Education put an end to segregation of the races by law, current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty about the place and meaning of race in American culture and the role of law in guaranteeing racial equality. Moreover, all sides in those debates claim to be the true heirs to Brown, even as they disagree vehemently about its meaning. Race, Law and Culture takes the continuing controversy about race in law and culture as an invitation to revisit Brown, using this case as a lens through which to view that controversy and the issues involved in it. The essays collected here describe the contested legacy of Brown as well as the way it is implicated in America's persistent uncertainties about race. In so doing they confront crucial questions about race, law and culture in contemporary America: What were the legal and cultural visions contained in Brown? How have those visions been articulated in other legal struggles? Why does the subject of race continue to haunt the American imagination? With original essays from contributors such as David Garrow, Lawrence Friedman, and Hazel Carby, this work will be an important perspective from which to view questions of race in modern America. |
Efni
| 3 | |
I BROWN AND ITS LEGAL CONTEXTS | 21 |
II RACIAL DISCRIMINATION AND ANTIDISCRIMINATION LAW | 89 |
III READING THE REALITIES OF RACE | 135 |
| 229 | |
Aðrar útgáfur - View all
Race, Law, and Culture: Reflections on Brown V. Board of Education Austin Sarat Takmarkað sýnishorn - 1997 |
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accommodating differences affirmative action African American antidiscrimination law argued argument black community black corporate lawyers black lawyers Board of Education Brown Carter civil rights claim Clarence Thomas clients color blindness constitutional contemporary context critics cultural imperialism Davis decision deference Derrick Bell desegregation discrimination dissent Earl Warren elite equal protection Equal Protection Clause essay example federal formal equality Fourteenth Amendment frames Harlan harm Harvard Law Review Houston humiliation idea ideology integration interpretive issues judicial Kluger Law Journal Law School legal segregation legitimacy litigation Marshall's meaning ment mental state verbs minority multiculturalism NAACP nation Negro nondiscrimination norms obligation thesis opinion Paul Gewirtz plaintiffs Plessy political practice principle programs progressive whites question race racial justice racism Republican Clause rhetoric Richard Kluger role social engineers society South southern stance story strategy supra note Supreme Court Thomas's Thurgood Marshall tion University Press vision Warren York
Vinsælir kaflar
Síða 5 - Legislation is powerless to eradicate racial instincts or to abolish distinctions based upon physical differences, and the attempt to do so can only result in accentuating the difficulties of the present situation. If the civil and political rights of both races be equal, one cannot be inferior to the other civilly or politically. If one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane.
Síða 5 - Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the Negro group.
Síða 5 - Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal education opportunities?
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