Resource Guide to Diversity: Legislation

This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on central topics in philosophy of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other. This classic text is distinguished by its clarity, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use of cases and stories, and the inclusion of only lightly edited or untouched classics. This revision is distinguished in its inclusion of many articles relevant to women's issues and a greater emphasis on concrete legal problems.

We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance betweenprotecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should beproportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.

Moran examines Kansas City, Missouri, as a case study of school desegregation during the period 1949 to 1999. He argues that school desegregation is best understood as a process that influenced, and was influenced by, a multitude of factors. In this context, developments in Kansas City and elsewhere are presented as products of the interplay between evolving legal standards, shifting demographic patterns, the changing social, political, and economic climate of the city, fiscal considerations, and the actions and motivations of public policy makers. The successes and failures of desegregation are considered in light of each of these interconnected variables, drawing implications for the nation as a whole.

Moran examines Kansas City, Missouri, as a case study of school desegregation during the period 1949 to 1999. He argues that school desegregation is best understood as a process that influenced, and was influenced by, a multitude of factors. In this context, developments in Kansas City and elsewhere are presented as products of the interplay between evolving legal standards, shifting demographic patterns, the changing social, political, and economic climate of the city, fiscal considerations, and the actions and motivations of public policy makers. The successes and failures of desegregation are considered in light of each of these interconnected variables, drawing implications for the nation as a whole.

In this groundbreaking history of the modern American metropolis, Richard Rothstein, a leading authority on housing policy, explodes the myth that America's cities came to be racially divided through de facto segregation--that is, through individual prejudices, income differences, or the actions of private institutions like banks and real estate agencies. Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation--the laws and policy decisions passed by local, state, and federal governments--that actually promoted the discriminatory patterns that continue to this day. Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north. As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post-World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. "The American landscape will never look the same to readers of this important book" (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein's invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

Undoing Plessy: Charles Hamilton Houston, Race, Labor and the Law, 1895-1950 explores the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, Undoing Plessy explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era.

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.