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Addressing Dramatic Shifts in Equality Jurisprudence
Hispanos, Indians, Genízaros, and Their Land in New Mexico
Struggles over land and water have determined much of New Mexico’s long history. The outcome of such disputes, especially in colonial times, often depended on which party had a strong advocate to argue a case before a local tribunal or on appeal. This book is partly about the advocates who represented the parties to these disputes, but it is most of all about the Hispanos, Indians, and Genízaros (Hispanicized nomadic Indians) themselves and the land they lived on and fought for.
Having written about Hispano land grants and Pueblo Indian grants separately, Malcolm Ebright now brings these narratives together for the first time, reconnecting them and resurrecting lost histories. He emphasizes the success that advocates for Indians, Genízaros, and Hispanos have had in achieving justice for marginalized people through the return of lost lands and by reestablishing the right to use those lands for traditional purposes.
Affirmative action is one of the central issues of American politics today, and admission to colleges and universities has been at the center of the debate. While this issue has been discussed for years, there is very little real data on the impact of affirmative action programs on admissions to institutions of higher learning. Susan Welch and John Gruhl in this groundbreaking study look at the impact on admissions of policies developed in the wake of the United States Supreme Court's landmark 1978 Bakke decision. In Bakke, the Court legitimized the use of race as one of several factors that could be considered in admissions decisions, while forbidding the use of quotas. Opponents of affirmative action claim that because of the Bakke decision thousands of less-qualified minorities have been granted admission in preference to more qualified white students; proponents claim that without the affirmative action policies articulated in Bakke, minorities would not have made the gains they have made in higher education. Based on a survey of admissions officers for law and medical schools and national enrollment data, the authors give us the first analysis of the real impact of the Bakke decision and affirmative action programs on enrollments in medical and law schools. Admission to medical schools and law schools is much sought after and is highly competitive. In examining admissions patterns to these schools the authors are able to identify the effects of affirmative action programs and the Bakke decision in what may be the most challenging case. This book will appeal to scholars of race and gender in political science, sociology and education as well as those interested in the study of affirmative action policies. Susan Welch is Dean of the College of Liberal Arts and Professor of Political Science, Pennsylvania State University. John Gruhl is Professor of Political Science, University of Nebraska-Lincoln.
At a time when private and public institutions of higher education are reassessing their admissions policies in light of new economic conditions, Affirmative Action for the Future is a clarion call for the need to keep the door of opportunity open. In 2003, U.S. Supreme Court's Grutter and Gratz decisions vindicated the University of Michigan Law School's affirmative action program while striking down the particular affirmative action program used for undergraduates at the university. In 2006 and 2008, state referendums banned affirmative action in some states while upholding it in others. Taking these developments into account, James P. Sterba draws on his vast experience as a champion of affirmative action to mount a new moral and legal defense of the practice as a useful tool for social reform.
Sterba documents the level of racial and sexual discrimination that still exists in the United States and then, arguing that diversity is a public good, he calls for expansion of the reach of affirmative action as a mechanism for encouraging true diversity. In his view, we must include in our understanding of affirmative action the need to favor those who come from economically disadvantaged backgrounds, regardless of race and sex. Elite colleges and universities could best facilitate opportunities for students from working-class and poor families, in Sterba's view, by cutting back on legacy and athletic preferences that overwhelmingly benefit wealthy white applicants.
The author is a Don at the School of Law, University of Nairobi Kenya and a development consultant with various NGOs and other international bodies in Eastern Africa region and Italy. He is a researcher and writer of articles and texts on matters concerning law and culture. Dr. Onyango is an expert in modern legal science with wide knowledge of law ranging from comparative legal system, international public law, ethics, philosophy, theology, sociology, mass media and social realities today. He is currently teaching Social Foundations of Law, Customary Law, International Public Law and International Relations at the University of Nairobi and he is a part-time lecturer at St. Paulís University. Among his publication are Cultural Gap & Economic Crisis in Africa and, Dholuo Grammar for Beginners.
Contradictions of Neo-Liberal Land Reforms
This empirically grounded study provides a critical reflection on the land question in Africa, research on which tends to be tangential, conceptually loose and generally inadequate. It argues that the most pressing research concern must be to understand the precise nature of the African land question, its land reforms and their effects on development. To unravel the roots of land conflicts in Africa requires thorough understanding of the complex social and political contradictions which have ensued from colonial and post-colonial land policies, as well as from Africa's 'development' and capital accumulation trajectories, especially with regard to the land rights of the continent's poor. The study thus questions the capacity of emerging neo-liberal economic and political regimes in Africa to deliver land reforms which address growing inequality and poverty. It equally questions the understanding of the nature of popular demands for land reforms by African states, and their ability to address these demands under the current global political and economic structures dictated by neo-liberalism and its narrow regime of ownership. The study invites scholars and policy makers to creatively draw on the specific historical trajectories and contemporary expression of the land and agrarian questions in Africa, to enrich both theory and practice on land in Africa.
This book, from ethical, interdisciplinary, and African perspectives, unveils the root causes of the increasing land disputes. Its significance lies upon the effort of presenting a broad overview founded upon a critical analysis of the existing land-related disputes. It is a perspective that attempts to evaluate the renewed interest in evolving theories of land rights by raising questions that can help us to understand better differences underlying land ownership systems, conflict between customary and statutory land rights systems, and the politics of land reform. Other dimensions explored in the book include the market influence on land-grabbing and challenges accompanying trends of migration, resettlement, and integration. The methodology applied in the study provides a perspective that raises questions intended to identify areas of contention, dispute, and conflict. The study, which could also be categorized as a critical assessment of the African land rights systems, is intended to be a resource for scholars, activists, and organizations working to resolve land-related disputes.
Race, Democracy, and a New Reconstruction
Since the 1970s, Americans have witnessed a pyrrhic war on crime, with sobering numbers at once chilling and cautionary. Our imprisoned population has increased five-fold, with a commensurate spike in fiscal costs that many now see as unsupportable into the future. As American society confronts a multitude of new challenges ranging from terrorism to the disappearance of middle-class jobs to global warming, the war on crime may be up for reconsideration for the first time in a generation or more. Relatively low crime rates indicate that the public mood may be swinging toward declaring victory and moving on.
However, to declare that the war is over is dangerous and inaccurate, and After the War on Crime reveals that the impact of this war reaches far beyond statistics; simply moving on is impossible. The war has been most devastating to those affected by increased rates and longer terms of incarceration, but its reach has also reshaped a sweeping range of social institutions, including law enforcement, politics, schooling, healthcare, and social welfare. The war has also profoundly altered conceptions of race and community.
It is time to consider the tasks reconstruction must tackle. To do so requires first a critical assessment of how this war has remade our society, and then creative thinking about how government, foundations, communities, and activists should respond. After the War on Crime accelerates this reassessment with original essays by a diverse, interdisciplinary group of scholars as well as policy professionals and community activists. The volume's immediate goal is to spark a fresh conversation about the war on crime and its consequences; its long-term aspiration is to develop a clear understanding of how we got here and of where we should go.
Droits et pratiques des solidarités conjugales dans les nouvelles trajectoires familiales
Le principe d’égalité des sexes a redéfini la relation conjugale. La hiérarchie mari, femme et enfants a fait place à une relation contractuelle où homme et femme sont tous deux des sujets indépendants et libres de leur engagement.L’évolution des règles juridiques entourant ces nouvelles trajectoires familiales semble souvent ignorer les asymétries qui traversent la réalité des arrangements noués au sein des couples, comme les transactions à l'œuvre à la suite des séparations. Aussi, des chercheurs de la France, de la Belgique, de la Suisse et du Québec ont été amenés à développer une réflexion commune autour de la notion de «solidarité conjugale» en étudiant les normes et usages de l’argent et des biens de ces solidarités.Comment la solidarité conjugale s’exprime-t-elle à travers le droit et son évolution? Comment se dessinent aujourd'hui les relations économiques, matérielles et patrimoniales qui traversent les transactions intimes? À l'heure de «l'individualisation» des relations familiales, interroger le couple sous l’angle des solidarités conduit à souligner l’importance des liens d’interdépendance noués entre conjoints et permet de réinterroger les rapports de genre, en liant l'analyse des pratiques et des choix privés et celle de la dimension institutionnelle de la vie conjugale.
Immigrant Rights, the Constitution, and Equality in America
Throughout American history, the government has used U.S. citizenship and immigration law to protect privileged groups from less privileged ones, using citizenship as a “:legitimate” proxy for otherwise invidious, and often unconstitutional, discrimination on the basis of race. While racial discrimination is rarely legally acceptable today, profiling on the basis of citizenship is still largely unchecked, and has in fact arguably increased in the wake of the September 11 terror attacks on the United States. In this thoughtful examination of the intersection between American immigration and constitutional law, Victor C. Romero draws our attention to a “constitutional immigration law paradox” that reserves certain rights for U.S. citizens only, while simultaneously purporting to treat all people fairly under constitutional law regardless of citizenship.
As a naturalized Filipino American, Romero brings an outsider's perspective to Alienated, forcing us to look at constitutional immigration law from the vantage point of people whose citizenship status is murky (either legally or from the viewpoint of other citizens and lawmakers), including foreign-born adoptees, undocumented immigrants, tourists, foreign students, and same-gender bi-national partners. Romero endorses an equality-based reading of the Constitution and advocates a new theoretical and practical approach that protects the individual rights of non-citizens without sacrificing their personhood.