Race, Courts and Tribunals PDF Download

Author: Grace Alison Permaul
Publisher: Department of Continuing Legal Education, Law Society of Upper Canada = Barreau du Haut Canada
ISBN:
Category : Law
Languages : en
Pages : 660

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Author: CAROLA. LINGAAS
Publisher: Routledge
ISBN: 9781032089140
Category : International criminal law
Languages : en
Pages : 292

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Book Description
Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

Author: Kenneth R. Aslakson
Publisher: NYU Press
ISBN: 0814724868
Category : History
Languages : en
Pages : 272

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No American city’s history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America’s most privileged community of people of African descent. In the eyes of the law, New Orleans’s free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were “negroes,” free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans’s creoles of color remained legally and culturally distinct from “negroes” throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana’s gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process.

Author: Annette Gordon-Reed
Publisher: Viewpoints on American Culture
ISBN: 0195122801
Category : History
Languages : en
Pages : 247

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This collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.

Author: Girardeau A. Spann
Publisher: NYU Press
ISBN: 081477993X
Category : Law
Languages : en
Pages : 279

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Spann (law, Georgetown U.) savages the notion that the US Supreme Court is the guardian of minority rights: the method of their nomination ensures that they share the political preferences of the ruling elite; once on the court, justices are subject to societal opinion that disregards minorities; the landmark 1954 civil rights case has centralized affirmative action and convinced minorities of the futility of any efforts of their own toward self-determination; reliance on a small group of majoritarians legitimates the social subordination of minorities. Annotation copyright by Book News, Inc., Portland, OR

Author: James T. Patterson
Publisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 320

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2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?

Author: Hiroshi Fukurai
Publisher: Springer Science & Business Media
ISBN: 1489911278
Category : Psychology
Languages : en
Pages : 241

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In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.

Author: Orville Vernon Burton
Publisher: Harvard University Press
ISBN: 067425886X
Category : Law
Languages : en
Pages : 465

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Book Description
“[A] learned and thoughtful portrayal of the history of race relations in America...authoritative and highly readable...[An] impressive work.” —Randall Kennedy, The Nation “This comprehensive history...reminds us that the fight for justice requires our constant vigilance.” —Ibram X. Kendi “Remarkable for the breadth and depth of its historical and legal analysis...makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.” —Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings. In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.

Author: Thomas M. Uhlman
Publisher:
ISBN:
Category : African American criminals
Languages : en
Pages : 152

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Author: Jacobson, Jessica
Publisher: Bristol University Press
ISBN: 1529211298
Category : Law
Languages : en
Pages : 196

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Available Open Access under CC-BY-NC licence Effective participation in court and tribunal hearings is regarded as essential to justice, yet many barriers limit the capacity of defendants, parties and witnesses to participate. Featuring policy analysis, courtroom observations and practitioners’ voices, this significant study reveals how participation is supported in the courts and tribunals of England and Wales. Including reflections on changes to the justice system as a result of the COVID-19 pandemic, it also details the socio-structural, environmental, procedural, cultural and personal factors which constrain participation. This is an invaluable resource that makes a compelling case for a principled, explicit commitment to supporting participation across the justice system of England and Wales and beyond.