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.

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.

"Is the United States today a "postracial" society? In this volume, top scholars in psychology, education, sociology, and related fields dissect the concept of color-blind racial ideology (CBRI), the widely held belief that skin color does not affect interpersonal interactions and that interpersonal and institutional racism therefore no longer exist in American society. The chapter authors survey the theoretical and empirical literature on racial color blindness; discuss novel ways of assessing and measuring color-blind racial beliefs; examine related characteristics such as lack of empathy (among Whites) and internalized racism (among people of color); and assess the impact of CBRI in education, the workplace, and health care--as well as the racial disparities that such beliefs help foster"--Provided by publisher.

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.

How "colorblindness" in policy and personal practice perpetuate racial inequity in the United States today

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.

This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.

The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --

Philosophers and social theorists of color examine how racism can creep into defensive forms of nationalism.

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.