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.
Challenging recent trends both in historical scholarship and in Supreme Court decisions on civil rights, J. Morgan Kousser criticizes the Court's "postmodern equal protection" and demonstrates that legislative and judicial history still matter for public policy. Offering an original interpretation of the failure of the First Reconstruction (after the Civil War) by comparing it with the relative success of the Second (after World War II), Kousser argues that institutions and institutional rules--not customs, ideas, attitudes, culture, or individual behavior--have been the primary forces shaping American race relations throughout the country's history. Using detailed case studies of redistricting decisions and the tailoring of electoral laws from Los Angeles to the Deep South, he documents how such rules were designed to discriminate against African Americans and Latinos. Kousser contends that far from being colorblind, Shaw v. Reno (1993) and subsequent "racial gerrymandering" decisions of the Supreme Court are intensely color-conscious. Far from being conservative, he argues, the five majority justices and their academic supporters are unreconstructed radicals who twist history and ignore current realities. A more balanced view of that history, he insists, dictates a reversal of Shaw and a return to the promise of both Reconstructions.
Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée 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 Tourgée'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. Tourgée'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, Tourgée'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 Tourgée and the principles to which he dedicated his life.
Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée 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 Tourgée'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. Tourgée'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, Tourgée'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 Tourgée and the principles to which he dedicated his life.
Huck Finn's 'Hidden' Lessons questions the educational suitability of 'The Adventures of Huckleberry Finn' in the classroom. The author argues that the book teaches misguided lessons about race relations. Huck Finn's 'Hidden' Lessons challenges the more typical understanding of Huck Finn and guides readers through an analysis that demonstrates how racism functions in the book and the classroom.
During one of the darkest periods of U.S. history, when white supremacy was entrenching itself throughout the nation, the white writer-jurist-activist Albion W. Tourgee (1838-1905) forged an extraordinary alliance with African Americans. Acclaimed by blacks as "one of the best friends of the Afro-American people this country has ever produced" and reviled by white Southerners as a race traitor, Tourgee offers an ideal lens through which to reexamine the often caricatured relations between progressive whites and African Americans. He collaborated closely with African Americans in founding an interracial civil rights organization eighteen years before the inception of the NAACP, in campaigning against lynching alongside Ida B. Wells and Cleveland Gazette editor Harry C. Smith, and in challenging the ideology of segregation as lead counsel for people of color in the 1896 Plessy v. Ferguson case. Here, Carolyn L. Karcher provides the first in-depth account of this collaboration. Drawing on Tourgee's vast correspondence with African American intellectuals, activists, and ordinary folk, on African American newspapers and on his newspaper column, "A Bystander's Notes," in which he quoted and replied to letters from his correspondents, the book also captures the lively dialogue about race that Tourgee and his contemporaries carried on.
A classic of American political fiction first published in 1880, a mere three years after Reconstruction officially ended, Bricks Without Straw offers an inside view of the struggle to create a just society in the post-slavery South. It is unique among the white-authored literary works of its time in presenting Reconstruction through the eyes of emancipated slaves. As a leading Radical Republican, the author, Albion W. Tourgée, played a key role in drafting a democratized Constitution for North Carolina after the Civil War, and he served as a state superior court judge during Reconstruction. Tourgée worked closely with African Americans and poor whites in the struggle to transform North Carolina’s racial and class politics. He saw the ravages of the Ku Klux Klan firsthand, worked to bring the perpetrators of Klan atrocities to justice, and fought against what he called the “counter-revolution” that destroyed Reconstruction. Bricks Without Straw is Tourgée’s fictionalized account of how Reconstruction was sabotaged. It is a chilling picture of violence against African Americans condoned, civil rights abrogated, constitutional amendments subverted, and electoral fraud institutionalized. Its plot revolves around a group of North Carolina freedpeople who strive to build new lives for themselves by buying land, marketing their own crops, setting up a church and school, and voting for politicians sympathetic to their interests, until Klan terrorism and the ascendancy of a white supremacist government reduce them to neo-slavery. This edition of Bricks Without Straw is enhanced by Carolyn L. Karcher’s introduction, which sets the novel in historical context and provides an overview of Albion W. Tourgée’s career, a chronology of the significant events of both the Reconstruction era and Tourgée’s life, and explanatory notes identifying actual events fictionalized in the novel.
Critics from three major racial/ethnic minority communities in the United States—African American, Asian American, and Latino/a American—focus on the problematic of race and ethnicity in the Bible and in contemporary biblical interpretation. With keen eyes on both ancient text and contemporary context, contributors pay close attention to how racial/ethnic dynamics intersect with other differential relations of power such as gender, class, sexuality, and colonialism. In groundbreaking interaction, they also consider their readings alongside those of other racial/ethnic minority communities. The volume includes an introduction pointing out the crucial role of this work within minority criticism by looking at its historical trajectory, critical findings, and future directions. The contributors are Cheryl B. Anderson, Francisco O. García-Treto, Jean-Pierre Ruiz, Frank M. Yamada, Gale A. Yee, Jae-Won Lee, Gay L. Byron, Fernando F. Segovia, Randall C. Bailey, Tat-siong Benny Liew, Demetrius K. Williams, Mayra Rivera Rivera, Evelyn L. Parker, and James Kyung-Jin Lee.
From a nationally recognized expert, a fresh and original argument for bettering affirmative action Race-based affirmative action had been declining as a factor in university admissions even before the recent spate of related cases arrived at the Supreme Court. Since Ward Connerly kickstarted a state-by-state political mobilization against affirmative action in the mid-1990s, the percentage of four-year public colleges that consider racial or ethnic status in admissions has fallen from 60 percent to 35 percent. Only 45 percent of private colleges still explicitly consider race, with elite schools more likely to do so, although they too have retreated. For law professor and civil rights activist Sheryll Cashin, this isn’t entirely bad news, because as she argues, affirmative action as currently practiced does little to help disadvantaged people. The truly disadvantaged—black and brown children trapped in high-poverty environs—are not getting the quality schooling they need in part because backlash and wedge politics undermine any possibility for common-sense public policies. Using place instead of race in diversity programming, she writes, will better amend the structural disadvantages endured by many children of color, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. In Place, Not Race, Cashin reimagines affirmative action and champions place-based policies, arguing that college applicants who have thrived despite exposure to neighborhood or school poverty are deserving of special consideration. Those blessed to have come of age in poverty-free havens are not. Sixty years since the historic decision, we’re undoubtedly far from meeting the promise of Brown v. Board of Education, but Cashin offers a new framework for true inclusion for the millions of children who live separate and unequal lives. Her proposals include making standardized tests optional, replacing merit-based financial aid with need-based financial aid, and recruiting high-achieving students from overlooked places, among other steps that encourage cross-racial alliances and social mobility. A call for action toward the long overdue promise of equality, Place, Not Race persuasively shows how the social costs of racial preferences actually outweigh any of the marginal benefits when effective race-neutral alternatives are available.
