Color Blind Justice

Color Blind Justice
Title Color Blind Justice PDF eBook
Author Mark Elliott
Publisher Oxford University Press
Total Pages 400
Release 2008-11-30
Genre Law
ISBN 0199708347

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Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourg?e battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourg?e's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourg?e's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourg?e's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourg?e and the principles to which he dedicated his life.

Ending Affirmative Action

Ending Affirmative Action
Title Ending Affirmative Action PDF eBook
Author Terry Eastland
Publisher Basic Books
Total Pages 240
Release 1997-03-20
Genre History
ISBN 9780465013890

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In the 1960s, we resolved as a nation never to judge people by the color of their skin. But today, race-based public policy has once again become the norm, this time under the banner of affirmative action. How, asks Terry Eastland, did such a turnabout take place, and how can we restore colorblind law in America today? In this compelling and powerful book, Eastland lays bare the absurdities and injustices of affirmative action, and presents the strongest case to date for doing away with race-based and gender-based preferences—a ringing call for all Americans to reclaim our nation's shared values of equal protection under the law, without reference to race, color, creed, gender, or national origin.

The Color-Blind Constitution

The Color-Blind Constitution
Title The Color-Blind Constitution PDF eBook
Author Andrew Kull
Publisher Harvard University Press
Total Pages 322
Release 2009-07
Genre Law
ISBN 9780674039803

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From 1840 to 1960 the profoundest claim of Americans who fought the institution of segregation was that the government had no business sorting citizens by the color of their skin. During these years the moral and political attractiveness of the antidiscrimination principle made it the ultimate legal objective of the American civil rights movement. Yet, in the contemporary debate over the politics and constitutional law of race, the vital theme of antidiscrimination has been largely suppressed. Thus a strong line of argument laying down one theoretical basis for the constitutional protection of civil rights has been lost. Andrew Kull provides us with the previously unwritten history of the color-blind idea. From the arguments of Wendell Phillips and the Garrisonian abolitionists, through the framing of the Fourteenth Amendment and Justice Harlan's famous dissent in Plessy, civil rights advocates have consistently attempted to locate the antidiscrimination principle in the Constitution. The real alternative, embraced by the Supreme Court in 1896, was a constitutional guarantee of reasonable classification. The government, it said, had the power to classify persons by race so long as it acted reasonably; the judiciary would decide what was reasonable. In our own time, in Brown v. Board of Education and the decisions that followed, the Court nearly avowed the rule of color blindness that civil rights lawyers continued to assert; instead, it veered off for political and tactical reasons, deciding racial cases without stating constitutional principle. The impoverishment of the antidiscrimination theme in the Court's decision prefigured the affirmative action shift in the civil rights agenda. The social upheaval of the 1960s put the color-blind Constitution out of reach for a quartercentury or more; but for the hard choices still to be made in racial policy, the colorblind tradition of civil rights retains both historical and practical significance.

"Colorblind" Racism

Title "Colorblind" Racism PDF eBook
Author Leslie G. Carr
Publisher SAGE
Total Pages 212
Release 1997-08-19
Genre Political Science
ISBN 9780761904441

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Many of the vestiges of the Civil Rights movement, including initiatives such as affirmative action, are increasingly under attack by those who assert that the Constitution is explicitly "color-blind." In this argument, the government is not legally permitted to take race into account in a "color conscious" manner. More than 30 years have passed since the landmark Civil Rights Acts became the law of the land. Yet, one of three African American men between the ages of 18 and 27 is in the hands of the criminal justice system, churches are burning in the South, and right-wing militia groups are flourishing. In this provocative and timely book, Leslie G. Carr suggests that the Constitution can be read as "racist," and that the concept of "color-blindness" is in fact the latest in a series of racist ideologies that have been part of the American fabric. "Color-Blind" Racism provides a thorough historical grounding in racist ideologies in the United States, and will be of great interest to anyone teaching or studying race relations, public policy, urban studies, and race and politics.

Whitewashing Race

Whitewashing Race
Title Whitewashing Race PDF eBook
Author Michael K. Brown
Publisher Univ of California Press
Total Pages 398
Release 2023-01-03
Genre History
ISBN 0520385861

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In an updated new edition of this classic work, a team of highly respected sociologists, political scientists, economists, criminologists, and legal scholars scrutinize the resilience of racial inequality in twenty-first-century America. Whitewashing Race argues that contemporary racism manifests as discrimination in nearly every realm of American life, and is further perpetuated by failures to address the compounding effects of generations of disinvestment. Police violence, mass incarceration of Black people, employment and housing discrimination, economic deprivation, and gross inequities in health care combine to deeply embed racial inequality in American society and economy. Updated to include the most recent evidence, including contemporary research on the racially disparate effects of the Covid-19 pandemic, this edition of Whitewashing Race analyzes the consequential and ongoing legacy of "disaccumulation" for Black communities and lives. While some progress has been made, the authors argue that real racial justice can be achieved only if we actively attack and undo pervasive structural racism and its legacies.

Ending Affirmative Action

Ending Affirmative Action
Title Ending Affirmative Action PDF eBook
Author Terry Eastland
Publisher Basic Books
Total Pages 250
Release 1996
Genre History
ISBN 9780465013883

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In the 1960s, we resolved as a nation never to judge people by the color of their skin. But today, race-based public policy has once again become the norm, this time under the banner of affirmative action. How, asks Terry Eastland, did such a turnabout take place, and how can we restore colorblind law in America today? In this compelling and powerful book, Eastland lays bare the absurdities and injustices of affirmative action, and presents the strongest case to date for doing away with race-based and gender-based preferences—a ringing call for all Americans to reclaim our nation's shared values of equal protection under the law, without reference to race, color, creed, gender, or national origin.

Color Conscious

Color Conscious
Title Color Conscious PDF eBook
Author Kwame Anthony Appiah
Publisher Princeton University Press
Total Pages 200
Release 1998-03-16
Genre Philosophy
ISBN 1400822092

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In America today, the problem of achieving racial justice--whether through "color-blind" policies or through affirmative action--provokes more noisy name-calling than fruitful deliberation. In Color Conscious, K. Anthony Appiah and Amy Gutmann, two eminent moral and political philosophers, seek to clear the ground for a discussion of the place of race in politics and in our moral lives. Provocative and insightful, their essays tackle different aspects of the question of racial justice; together they provide a compelling response to our nation's most vexing problem. Appiah begins by establishing the problematic nature of the idea of race. He draws on the scholarly consensus that "race" has no legitimate biological basis, exploring the history of its invention as a social category and showing how the concept has been used to explain differences among groups of people by mistakenly attributing various "essences" to them. Appiah argues that, while people of color may still need to gather together, in the face of racism, under the banner of race, they need also to balance carefully the calls of race against the many other dimensions of individual identity; and he suggests, finally, what this might mean for our political life. Gutmann examines alternative political responses to racial injustice. She argues that American politics cannot be fair to all citizens by being color blind because American society is not color blind. Fairness, not color blindness, is a fundamental principle of justice. Whether policies should be color-conscious, class conscious, or both in particular situations, depends on an open-minded assessment of their fairness. Exploring timely issues of university admissions, corporate hiring, and political representation, Gutmann develops a moral perspective that supports a commitment to constitutional democracy. Appiah and Gutmann write candidly and carefully, presenting many-faceted interpretations of a host of controversial issues. Rather than supplying simple answers to complex questions, they offer to citizens of every color principled starting points for the ongoing national discussions about race.