Shows how education reforms take place within cauldrons of political interests and conflicting values and beliefs.

Based on an examination of four school districts facing the prospect of court-ordered detracking, Legal Rights, Local Wrongs challenges fundamental assumptions about the opportunities for equity-minded educational reform. Welner studied districts across the country in San Jose, California; Wilmington, Delaware; Woodland Hills, Pennsylvania; and Rockford, Illinois. These case studies show how white upper middle class parents exercised a disproportionate amount of power in local school policy making, and how that power was wielded to hinder reform opportunities intended to benefit low-income students of color. He shows how many school reforms must arise and develop within cauldrons of political interests and conflicting values and beliefs. This reform context is very different from the politically neutral environments presupposed by conventional school change literature. The book's political and normative focus accordingly examines the least often addressed—and yet most daunting—obstacles standing between America and the just, equitable schools portrayed in American rhetoric.

Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.

Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

A New York Times Notable Book for 2011 Since the 1960s, ideas developed during the civil rights movement have been astonishingly successful in fighting overt discrimination and prejudice. But how successful are they at combating the whole spectrum of social injustice-including conditions that aren't directly caused by bigotry? How do they stand up to segregation, for instance-a legacy of racism, but not the direct result of ongoing discrimination? It's tempting to believe that civil rights litigation can combat these social ills as efficiently as it has fought blatant discrimination. In Rights Gone Wrong, Richard Thompson Ford, author of the New York Times Notable Book The Race Card, argues that this is seldom the case. Civil rights do too much and not enough: opportunists use them to get a competitive edge in schools and job markets, while special-interest groups use them to demand special privileges. Extremists on both the left and the right have hijacked civil rights for personal advantage. Worst of all, their theatrics have drawn attention away from more serious social injustices. Ford, a professor of law at Stanford University, shows us the many ways in which civil rights can go terribly wrong. He examines newsworthy lawsuits with shrewdness and humor, proving that the distinction between civil rights and personal entitlements is often anything but clear. Finally, he reveals how many of today's social injustices actually can't be remedied by civil rights law, and demands more creative and nuanced solutions. In order to live up to the legacy of the civil rights movement, we must renew our commitment to civil rights, and move beyond them.

An anthology containing some 30 essays which focus on topics including a critique of American feminist legal scholarship; motherhood and work in cultural context; Josephine Baker and the Cold War; the campaign against female circumcision; violence against Aboriginal women in Australia; and "marketization" and the status of women in China. Includes a foreword by social justice activist and professor at the U. of California-Santa Cruz, Angela Y. Davis. Annotation copyrighted by Book News Inc., Portland, OR

This handbook unifies access and opportunity, two key concepts of sociology of education, throughout its 25 chapters. It explores today’s populations rarely noticed, such as undocumented students, first generation college students, and LGBTQs; and emphasizing the intersectionality of gender, race, ethnicity and social class. Sociologists often center their work on the sources and consequences of inequality. This handbook, while reviewing many of these explanations, takes a different approach, concentrating instead on what needs to be accomplished to reduce inequality. A special section is devoted to new methodological work for studying social systems, including network analyses and school and teacher effects. Additionally, the book explores the changing landscape of higher education institutions, their respective populations, and how labor market opportunities are enhanced or impeded by differing postsecondary education pathways. Written by leading sociologists and rising stars in the field, each of the chapters is embedded in theory, but contemporary and futuristic in its implications. This Handbook serves as a blueprint for identifying new work for sociologists of education and other scholars and policymakers trying to understand many of the problems of inequality in education and what is needed to address them.