Settler Colonialism, Race, and the Law

2020 ◽  
Author(s):  
Natsu Taylor Saito
Keyword(s):  
United States ◽  
American Indians ◽  
Settler Colonialism ◽  
The United States ◽  
Racial Justice ◽  
Structural Racism ◽  
Colonial State ◽  
Colonial Theory ◽  
The Law ◽  
The Right

Settler Colonialism, Race, and the Law begins from the premise that the United States is neither postracial nor postcolonial. Using the lens of settler colonial theory, it attributes the origins and persistence of racialized inequities in the United States to the prerogatives asserted by its predominantly Angloamerican founders to appropriate Indigenous lands and resources, to profit from the labor of voluntary and involuntary migrants, and to ensure that all people of color remain “in their place.” This book assesses the experiences of American Indians, African Americans, Latina/os, and Asian Americans to the present day in terms of the strategies utilized by the settlers to accomplish these ends. By providing a functional analysis that links disparate forms of oppression, it makes the case for the oft-cited proposition that racial justice is indivisible, focusing particularly on the importance of acknowledging and contesting the continued colonization of Indigenous peoples and lands. It concludes that we will more effectively dismantle structural racism not by relying on promises of formal equality but by envisioning what the right of all peoples to self-determination means in a settler colonial state.

The Government of the United States and American Foreign Missionaries

1912 ◽  
Vol 6 (1) ◽  
pp. 70-85
Author(s):  
James Brown Scott ◽  
George F. Seward
Keyword(s):  
United States ◽  
Church Of England ◽  
Common Knowledge ◽  
Atlantic Coast ◽  
The United States ◽  
State Constitutions ◽  
The Law ◽  
The Rich ◽  
The Government ◽  
The Right

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.

scholarly journals Duty as a defence between civil disobedience and criminal law

2021 ◽  
pp. 547-562
Author(s):  
Laura Ciccozzi
Keyword(s):  
United States ◽  
Criminal Law ◽  
Civil Disobedience ◽  
The United States ◽  
17Th Century ◽  
Legal Thought ◽  
History Of ◽  
The Law ◽  
The Right ◽  
The Relationship

The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.

scholarly journals The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

2021 ◽  
Author(s):  
E.S. Kurysheva
Keyword(s):  
United States ◽  
Educational Policy ◽  
Inclusive Education ◽  
The United States ◽  
Alternative Development ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Law ◽  
The Right

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

scholarly journals Law and literature: a misunderstood relation? The criticism of Richard Posner and Robert Weisberg to the law in literature movement

2019 ◽  
Vol 5 (2) ◽  
pp. 395-416
Author(s):  
Amanda Muniz Oliveira
Keyword(s):  
United States ◽  
The United States ◽  
Law And Literature ◽  
The Past ◽  
Initial Stage ◽  
The Law ◽  
Law In Literature ◽  
The Right

The law and literature movement, started in 1973 in the United States with the release of “The Legal Imagination”, by James Boyd White, had as its main objective to reach the humanization of jurists. Although it caught the attention of several authors and spread to different countries, the initial stage of the movement, also known as law in literature, was not immune to criticism. Thus, this article, via bibliographic research, aims at presenting the criticism by Richard Posner, who mainly questions the premise that literature can humanize the jurist. Also, this paper analyzes the production by Robert Weisberg, who sees in the area an overly-romanticized view of literature. Knowing such criticism is crucial to think about the past, present and future of the movement, searching for the right answers it demands.

scholarly journals Looking Back to Leap Forward: A Framework for Operationalizing the Structural Racism Construct in Minority and Immigrant Health Research

2021 ◽  
Vol 31 (Suppl) ◽  
pp. 301-310
Author(s):  
Alexis C. Dennis ◽  
Esther O. Chung ◽  
Evans K. Lodge ◽  
Rae Anne Martinez ◽  
Rachel E. Wilbur
Keyword(s):  
United States ◽  
American Indians ◽  
Health Research ◽  
Lived Experiences ◽  
The United States ◽  
Alaska Natives ◽  
Structural Racism ◽  
Fundamental Cause ◽  
Looking Back

Racism is now widely recognized as a fundamental cause of health inequali­ties in the United States. As such, health scholars have rightly turned their attention toward examining the role of struc­tural racism in fostering morbidity and mortality. However, to date, much of the empirical structural racism-health dispari­ties literature limits the operationalization of structural racism to a single domain or orients the construct around a White/ Black racial frame. This operationaliza­tion approach is incomprehensive and overlooks the heterogeneity of historical and lived experiences among other racial and ethnic groups.To address this gap, we present a theoreti­cally grounded framework that illumi­nates core mutually reinforcing domains of structural racism that have stratified opportunities for health in the United States. We catalog instances of structural discrimination that were particularly con­straining (or advantageous) to the health of racial and ethnic groups from the late 1400s to present. We then illustrate the utility of this framework by applying it to American Indians or Alaska Natives and discuss the framework’s broader implica­tions for empirical health research. This framework should help future scholars across disciplines as they identify and interrogate important laws, policies, and norms that have differentially constrained opportunities for health among racial and ethnic groups.Ethn Dis. 2021;31(Suppl 1):301-310; doi:10.18865/ed.31.S1.301

The Right of Appeal in Naturalization Cases in the Federal Courts

1927 ◽  
Vol 21 (1) ◽  
pp. 40-52 ◽  
Author(s):  
Henry B. Hazard
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
Federal Courts ◽  
Court Cases ◽  
The Past ◽  
The Supreme Court ◽  
The Law ◽  
The Right

The Supreme Court of the United States, by Mr. Justice Brandeis, recently handed down its decision in Tutun v. United States, and Neuberger v. United States. This is the latest of the important Supreme Court cases determining the law of naturalization, of citizenship, and of expatriation. During the past fifteen years they have comprised Johannessen v. United States, Mansour v. United States, Luria v. United States, Maibaum v. United States, Mackenzie v. Hare, United States v. Ginsberg, United States v. Ness, United States v. Morena, Ozawa v. United States, Yamashita v. Hinkle, United States v. Thind, Kaplan v. Tod, and Toyota v. United States.

Gender, Sexuality, and Family History

2016 ◽  
Author(s):  
Brenda Child
Keyword(s):  
United States ◽  
American Indians ◽  
Settler Colonialism ◽  
Indigenous Communities ◽  
The United States ◽  
Sacred Places ◽  
Her Family ◽  
Indian History ◽  
American Indian History ◽  
History Of

In 1939, an Ojibwe woman named Naynaabeak was involved in a conflict that shows some of the complexities that American Indians experienced throughout the history of settler colonialism in the United States. Her family did not live on a reservation, but they were Ojibwe people and tribal citizens and her home and fishing spot were historically Ojibwe places. The complex legal world defined by borders disrupted Naynaabeak’s ability to make a living, and her conflict was simply part of everyday existence for many Ojibwe women. This chapter considers the hurdles that Naynaabeak’s generation overcame in their determination to make a living, and how their efforts to remain on their lands, fishing grounds, forests, hills, and mountains—and especially their sacred places—enabled their descendants to maintain indigenous communities which still exist. The chapter reviews the literature about gender and labor in American Indian history to illuminate its major themes.

Contraception and Abortion in the United States

2021 ◽  
pp. 62-76
Author(s):  
David A. Strauss
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
Controversial Issues ◽  
Future Developments ◽  
Current State ◽  
History Of ◽  
The Law ◽  
The Right

This chapter provides the legal background for the issues discussed in subsequent chapters. The author discusses how US constitutional law treats the right to abortion and contraception. He describes the history of the law regulating abortion, the current state of the law, and what the most controversial issues have been. He describes some roads not taken and speculates about future developments. Finally, the author addresses the practical effects of these legal developments on the availability of abortion.

Turning Rights into Ballots: The Uneven Integration of Women into Electoral Politics after Suffrage

2020 ◽  
Vol 53 (3) ◽  
pp. 479-483
Author(s):  
Christina Wolbrecht ◽  
J. Kevin Corder
Keyword(s):  
United States ◽  
Electoral Politics ◽  
The United States ◽  
American Women ◽  
Nineteenth Amendment ◽  
Political Interests ◽  
Right To Vote ◽  
The Law ◽  
The Right

After a more than seven-decade battle, American women secured the right to vote in August 1920. The struggle for women to have a voice in elections was not over, however. The Nineteenth Amendment states that “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.” The amendment gives Congress the power to enforce the law by appropriate legislation. It does not, however, empower or charge any government office or actor with ensuring that women can and do cast ballots. This article argues that this reality, often taken for granted, has serious implications for both the incorporation of women into the electorate and the representation of their political interests.

scholarly journals Forward—Police Misconduct and Kibbe v. City of Springfield

2018 ◽  
Author(s):  
Harris Freeman
Keyword(s):  
United States ◽  
Civil Rights ◽  
Supreme Court ◽  
Police Officer ◽  
United States Supreme Court ◽  
The United States ◽  
Police Misconduct ◽  
United States Supreme ◽  
Racial Justice ◽  
The Law

Published: Harris Freeman, Forward—Police Misconduct and Kibbe v. City of Springfield, 40 W. NEW ENG. L. REV. 393 (2018). The Law Review’s 2017 symposium, “Perspectives on Racial Justice in the Era of #BlackLivesMatter,” appropriately opened with a panel that addressed the ongoing challenge of combatting police misconduct, as seen through the lens of Kibbe v. City of Springfield, a civil rights case that unfolded in Western Massachusetts and reached the United States Supreme Court thirty years ago. Kibbe presented the Court with the question of what the proper standard of liability should be for a municipality accused of a civil rights violation under 42 U.S.C. § 1983 for inadequately training a police officer who violates a person’s civil rights.

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