LITMIR.BIZ

Argues that cultural conceptions of children – and childhood – played a key role in legalizing gay marriage Legally Straight offers a critical reading of the legal debates over lesbian and gay marriage in the United States. The book draws on key judicial opinions to trace how our understanding of heterosexuality and marriage has changed. Upon closer inspection, it seemed that the cultural value of marriage was becoming tarnished and the trouble appeared to center on one very specific issue: reproduction. As opponents of lesbian and gay marriage emphasized the link between marriage and accidental pregnancy, the evidence mounted, the arguments proliferated, and resistance began to turn against itself. Heterosexuality, it seemed for a moment, was little more than a set of palliative prescriptions for the worst of human behavior, and children became the victims. It thus became the province of the courts to reinforce the cultural value of marriage by resisting what came to be known as the “procreation argument,” the assertion that marriage exists primarily to regulate the unruly aspects of heterosexual reproduction. Cultural conceptions of children and childhood were being put at risk as gays and lesbians were denied marriage, so that writing lesbian and gay families into the marriage law became the better option.

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Middle Easterners: Sometimes White, Sometimes Not – an article by John TehranianThe Middle Eastern question lies at the heart of the most pressing issues of our time: the war in Iraq and on terrorism, the growing tension between preservation of our national security and protection of our civil rights, and the debate over immigration, assimilation, and our national identity. Yet paradoxically, little attention is focused on our domestic Middle Eastern population and its place in American society. Unlike many other racial minorities in our country, Middle Eastern Americans have faced rising, rather than diminishing, degrees of discrimination over time; a fact highlighted by recent targeted immigration policies, racial profiling, a war on terrorism with a decided racialist bent, and growing rates of job discrimination and hate crime. Oddly enough, however, Middle Eastern Americans are not even considered a minority in official government data. Instead, they are deemed white by law. In Whitewashed , John Tehranian combines his own personal experiences as an Iranian American with an expert’s analysis of current events, legal trends, and critical theory to analyze this bizarre Catch-22 of Middle Eastern racial classification. He explains how American constructions of Middle Eastern racial identity have changed over the last two centuries, paying particular attention to the shift in perceptions of the Middle Easterner from friendly foreigner to enemy alien, a trend accelerated by the tragic events of 9/11. Focusing on the contemporary immigration debate, the war on terrorism, media portrayals of Middle Easterners, and the processes of creating racial stereotypes, Tehranian argues that, despite its many successes, the modern civil rights movement has not done enough to protect the liberties of Middle Eastern Americans.By following how concepts of whiteness have transformed over time, Whitewashed forces readers to rethink and question some of their most deeply held assumptions about race in American society.

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White by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.In the first edition of White by Law , Haney L&#243pez traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opinion, and, most importantly, popular opinion.Ten years later, Haney López revisits the legal construction of race, and argues that current race law has spawned a troubling racial ideology that perpetuates inequality under a new guise: colorblind white dominance. In a new, original essay written specifically for the 10th anniversary edition, he explores this racial paradigm and explains how it contributes to a system of white racial privilege socially and legally defended by restrictive definitions of what counts as race and as racism, and what doesn't, in the eyes of the law. The book also includes a new preface, in which Haney Lopez considers how his own personal experiences with white racial privilege helped engender White by Law .

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"How much compensation ought to be paid to a woman who was raped 7,500 times? What would the members of the Commission want for their daughters if their daughters had been raped even once?"—Karen Parker, speaking before the U.N. Commission on Human Rights[/i]Seemingly every week, a new question arises relative to the current worldwide ferment over human injustices. Why does the U.S. offer $20,000 atonement money to Japanese Americans relocated to concentration camps during World War II, while not even apologizing to African Americans for 250 years of human bondage and another century of institutionalized discrimination? How can the U.S. and Canada best grapple with the genocidal campaigns against Native Americans on which their countries were founded? How should Japan make amends to Korean «comfort women» sexually enslaved during World War II? Why does South Africa deem it necessary to grant amnesty to whites who tortured and murdered blacks under apartheid? Is Germany's highly praised redress program, which has paid billions of dollars to Jews worldwide, a success, and, as such, an example for others?More generally, is compensation for a historical wrong dangerous «blood money» that allows a nation to wash its hands forever of its responsibility to those it has injured? A rich collection of essays from leading scholars, pundits, activists, and political leaders the world over, many written expressly for this volume, When Sorry Isn't Enough also includes the voices of the victims of some of the world's worst atrocities, thereby providing a panoramic perspective on an international controversy often marked more by heat than reason.

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"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this «transparency» phenomenon–the invisibility of whiteness to white people– profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms. Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity. An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.

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Next to the nuclear industry, the largest producer of contaminants in the air, land, and water is the electronics industry. Silicon Valley hosts the highest density of Superfund sites anywhere in the nation and leads the country in the number of temporary workers per capita and in workforce gender inequities. Silicon Valley offers a sobering illustration of environmental inequality and other problems that are increasingly linked to the globalization of the world's economies. In The Silicon Valley of Dreams , the authors take a hard look at the high-tech region of Silicon Valley to examine environmental racism within the context of immigrant patterns, labor markets, and the historical patterns of colonialism. One cannot understand Silicon Valley or the high-tech global economy in general, they contend, without also understanding the role people of color play in the labor force, working in the electronic industry's toxic environments. These toxic work environments produce chemical pollution that, in turn, disrupts the ecosystems of surrounding communities inhabited by people of color and immigrants. The authors trace the origins of this exploitation and provide a new understanding of the present-day struggles for occupational health and safety. The Silicon Valley of Dreams will be critical reading for students and scholars in ethnic studies, immigration, urban studies, gender studies, social movements, and the environment, as well as activists and policy-makers working to address the needs of workers, communities, and industry.

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Winner of the 2006 Thomas J. Lyon Book Award in Western American Literary Studies, presented by the Western Literature AssociationIn The Emergence of Mexican America , John-Michael Rivera examines the cultural, political, and legal representations of Mexican Americans and the development of US capitalism and nationhood. Beginning with the Mexican-American War of 1846-1848 and continuing through the period of mass repatriation of US Mexican laborers in 1939, Rivera examines both Mexican-American and Anglo-American cultural production in order to tease out the complexities of the so-called “Mexican question.” Using historical and archival materials, Rivera's wide-ranging objects of inquiry include fiction, non-fiction, essays, treaties, legal materials, political speeches, magazines, articles, cartoons, and advertisements created by both Mexicans and Anglo Americans. Engaging and methodologically venturesome, Rivera's study is a crucial contribution to Chicano/Latino Studies and fields of cultural studies, history, government, anthropology, and literary studies.

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In one of the twentieth century's landmark Supreme Court cases, Brown v. Board of Education , social scientists such as Kenneth Clark helped to convince the Supreme Court Justices of the debilitating psychological effects of racism and segregation. John P. Jackson, Jr., examines the well-known studies used in support of Brown , such as Clark’s famous “doll tests,” as well as decades of research on race which lead up to the case. Jackson reveals the struggles of social scientists in their effort to impact American law and policy on race and poverty and demonstrates that without these scientists, who brought their talents to bear on the most pressing issues of the day, we wouldn’t enjoy the legal protections against discrimination we may now take for granted. For anyone interested in the history and legacy of Brown v. Board of Education , this is an essential book.

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Rape law reform has been a stunning failure. Defense lawyers persist in emphasizing victims' characters over defendants' behavior. Reform's goals of increasing rape report and conviction rates have generally not been achieved. In Rape and the Culture of the Courtroom , Andrew Taslitz locates the cause of rape reform failure in the language lawyers use, and the cultural stories upon which they draw to dominate rape victims in the courtroom. Cultural stories about rape, Taslitz argues, such as the provocatively dressed woman «asking for it,» are at the root of many unconscious prejudices that determine jury views. He connects these stories with real-life examples, such as the Mike Tyson and Glen Ridge rape trials, to show how rape stereotypes are used by defense lawyers to gain acquittals for their clients. Building on Deborah Tannen's pathbreaking research on the differences between male and female speech, Taslitz also demonstrates how word choice, tone, and other lawyers' linguistic tactics work to undermine the confidence and the credibility of the victim, weakening her voice during the trial. Taslitz provides politically realistic reform proposals, consistent with feminist theories of justice, which promise to improve both the adversary system in general and the way that the system handles rape cases.

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Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country.Open migration policies deserve fuller analysis, as evidenced by President Barack Obama’s pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration.Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

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