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The Mexican American Legal Struggle for Educational Equality
In 1925 Adolfo ‘Babe’ Romo, a Mexican American rancher in Tempe, Arizona, filed suit against his school district on behalf of his four young children, who were forced to attend a markedly low-quality segregated school, and won. But Romo v. Laird was just the beginning. Some sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. Chicano Students and the Courts is a comprehensive look at this community’s long-standing legal struggle for better schools and educational equality. Through the lens of critical race theory, Valencia details why and how Mexican American parents and their children have been forced to resort to legal action.
Chicano Students and the Courts engages the many areas that have spurred Mexican Americans to legal battle, including school segregation, financing, special education, bilingual education, school closures, undocumented students, higher education financing, and high-stakes testing, ultimately situating these legal efforts in the broader scope of the Mexican American community’s overall struggle for the right to an equal education. Extensively researched, and written by an author with firsthand experience in the courtroom as an expert witness in Mexican American education cases, this volume is the first to provide an in-depth understanding of the intersection of litigation and education vis-à-vis Mexican Americans.
In the first book in a generation to offer a fresh interpretation of the Supreme Court during the pivotal tenure of Melville W. Fuller, James Ely provides a judicial biography of the man who led the court from 1888 until 1910 as well as a comprehensive and thoughtful analysis of the jurisprudence dispensed under his leadership. Highlighting Fuller's skills as a judicial administrator, Ely argues that a commitment to economic liberty, security of private property, limited government, and states' rights guided Fuller and his colleagues in their treatment of constitutional issues. Ely directly challenges the conventional idea that the Fuller Court adopted laissez-faire principles in order to serve the needs of business. Rather, Ely presents the Supreme Court's efforts to safeguard economic rights not as a single-minded devotion to corporate interests but as a fulfillment of the property-conscious values that shaped the constitution-making process in 1787.
How America's Religious Exemption Laws Harm Children
When a four-year-old California girl died on March 9, 1984, the state charged her mother with involuntary manslaughter because she failed to provide her daughter with medical care, choosing instead to rely on spiritual healing. During the next few years, a half dozen other children of Christian Science parents died under similar circumstances. The children’s deaths and the parents’ trials drew national attention, highlighting a deeply rooted, legal/political struggle to define religious freedom. Through close analysis of these seven cases, legal historian Alan Rogers explores the conflict between religious principles and secular laws that seek to protect children from abuse and neglect. Christian Scientists argued—often with the support of mainline religious groups—that the First Amendment’s “free exercise” clause protected religious belief and behavior. Insisting that their spiritual care was at least as effective as medical treatment, they thus maintained that parents of seriously ill children had a constitutional right to reject medical care. Congress and state legislatures confirmed this interpretation by inserting religious exemption provisos into child abuse laws. Yet when parental prayer failed and a child died, prosecutors were able to win manslaughter convictions by arguing—as the U.S. Supreme Court had held for more than a century—that religious belief could not trump a neutral, generally applicable law. Children’s advocates then carried this message to state legislatures, eventually winning repeal of religious exemption provisions in a handful of states.
Legal Theory and Criminal Justice in Deng's Era
This book illustrates - through the analysis of more than two hundred criminal cases selected from Minzhu yu fazhi (Democracy and the Legal System) in the period 1979-89 - that the establishment of a formal criminal justice system and the development of an embryonic socialist theory of law in China reflect a genuine and widespread legal awakening.
Disability, Sexuality, and U.S. Media Cultures of Rehabilitation
Since 1947, the Supreme Court has promised government neutrality toward religion, but in a nation whose motto is "In God We Trust" and which pledges allegiance to "One Nation under God," the public square is anything but neutral -- a paradox not lost on a rapidly secularizing America and a point of contention among those who identify all expressions of religion by government as threats to a free society. Yeshiva student turned secularist, Bruce Ledewitz seeks common ground for believers and nonbelievers regarding the law of church and state. He argues that allowing government to promote higher law values through the use of religious imagery would resolve the current impasse in the interpretation of the Establishment Clause. It would offer secularism an escape from its current tendency toward relativism in its dismissal of all that religion represents and encourage a deepening of the expression of meaning in the public square without compromising secular conceptions of government.
An American Liberal's Life in Law and Politics
Citizen Rauh tells the story of American lawyer Joseph L. Rauh Jr., who kept alive the ideals of New Deal liberalism and broadened those ideals to include a commitment to civil rights. Rauh's clients included Arthur Miller, Lillian Hellman, A. Philip Randolph, and the Mississippi Freedom Democratic Party. With good reason Freedom Rider John Lewis once called him "the blackest white man I ever knew." No lawyer in the post-1945 era did more to protect the economic interests of working-class Americans than Rauh, who fought for the unions as they struggled for legitimacy and against them when they betrayed their own members. No lawyer stood more courageously against repressive anticommunism during the 1950s or advanced the cause of racial justice more vigorously in the 1960s and 1970s. No lawyer did more to defend the constitutional vision of the Warren Court and resist the efforts of Richard Nixon and Ronald Reagan to undo its legacy. Throughout his life, Rauh continued to articulate a progressive vision of law and politics, ever confident that his brand of liberalism would become vital once again when the cycle of American politics took another turn. "The causes to which Rauh committed his life retain their moral force today. This well-crafted, often powerful, biographical study will appeal to anyone with a serious interest in postwar liberalism." ---Daniel Scroop, University of Sheffield Michael E. Parrish is Professor of History at the University of California, San Diego.
The Political Transnationalism of El Migrante
Michael Peter Smith and Matt Bakker spent five years carrying out ethnographic field research in multiple communities in the Mexican states of Zacatecas and Guanajuato and various cities in California, particularly metropolitan Los Angeles. Combining the information they gathered there with political-economic and institutional analysis, the five extended case studies in Citizenship across Borders offer a new way of looking at the emergent dynamics of transnational community development and electoral politics on both sides of the border.
Smith and Bakker highlight the continuing significance of territorial identifications and state policies-particularly those of the sending state-in cultivating and sustaining transnational connections and practices. In so doing, they contextualize and make sense of the complex interplay of identity and loyalty in the lives of transnational migrant activists. In contrast to high-profile warnings of the dangers to national cultures and political institutions brought about by long-distance nationalism and dual citizenship, Citizenship across Borders demonstrates that, far from undermining loyalty and diminishing engagement in U.S. political life, the practice of dual citizenship by Mexican migrants actually provides a sense of empowerment that fosters migrants' active civic engagement in American as well as Mexican politics.
A Classical, Constitutional, and Critical Race Critique
&8220;A timely interrogation of our citizenship tropes. Román’s passionately demonstrates that the promise of citizenship has consistently fallen short on both historical and contemporary landscapes. Far from a warrant of inclusion and equality, citizenship has more often been used as cover for caste and subordination. Román’s looks to bring citizenship's lofty aspirations to an authentic attainment.”
A Comparative Study
Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship effectively leave hundreds of thousands of people in Africa without a country. These stateless Africans can neither vote nor stand for office; they cannot enrol their children in school, travel freely, or own property; they cannot work for the government; they are exposed to human rights abuses. Statelessness exacerbates and underlies tensions in many regions of the continent. Citizenship Law in Africa, a comparative study by two programs of the Open Society Foundations, describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state and recommends ways that African countries can bring their citizenship laws in line with international rights norms. The report covers topics such as citizenship by descent, citizenship by naturalisation, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It is essential reading for policymakers, attorneys, and activists. This second edition includes updates on developments in Kenya, Libya, Namibia, South Africa, Sudan and Zimbabwe, as well as minor corrections to the tables and other additions throughout.