Racial Taxation

Author(s):  
Camille Walsh

In the United States, it is quite common to lay claim to the benefits of society by appealing to “taxpayer citizenship”--the idea that, as taxpayers, we deserve access to certain social services like a public education. Tracing the genealogy of this concept, this book shows how tax policy and taxpayer identity were built on the foundations of white supremacy and intertwined with ideas of whiteness in civil rights law and constitutional law. From the origins of unequal public school funding after the Civil War and the history of African American families resisting segregated taxation through school desegregation cases from Brown v. Board of Education to San Antonio v. Rodriguez in the 1970s, this study spans over a century of racial injustice, dramatic courtroom clashes, and white supremacist backlash to collective justice claims. Incorporating letters from everyday individuals as well as the private notes of Supreme Court justices as they deliberated, this legal history reveals how the idea of a “taxpayer” identity contributed to the contemporary crises of public education, racial disparity, and income inequality.

Troublemakers ◽  
2019 ◽  
pp. 1-10
Author(s):  
Kathryn Schumaker

The introductionexplains how and why student protest became common in the United States in the late 1960s and places these protests in the context of shifts in the history of education and in broader social movements, including the civil rights movement, the Chicano Movement, and black power activism. The introduction also situates students’ rights within the context of children’s rights more broadly, explaining the legal principles that justified age discrimination and excluded children and students from the basic protections of American constitutional law. The introduction identifies the two decades between the 1960s and 1980s as a constitutional moment that revolutionized the relationship of students to the state. It also connects students’ rights litigation to the issue of school desegregation and the legacy of Brown v. Board of Education.


Author(s):  
Harold D. Morales

Chapter 1 introduces the history of Islamic Spain and the remembrance of it by the first Latino Muslim group in the United States, la Alianza Islámica, the Islamic Alliance. Although there have been several recorded instances of individual Latinos embracing Islam since the 1920s, no direct historical link exists between Muslims in Spain and Latino Muslims in the United States. Instead, the memory of Islamic Spain has been used to frame Latinos as historically connected to Islam rather than completely foreign to it. Additionally, the Alianza drew from other civil rights organizational models to develop several centers in New York where they worked to propagate Islam, provide social services, and engage in political activism. Additionally, the Alianza experienced marginalization from broader Muslim organizations and sought to develop autonomously from them. Through its unique origin histories and various activities, the Alianza helped to crystalize a first wave of Latino Muslims.


Author(s):  
Whitney Hua ◽  
Jane Junn

Abstract As racial tensions flare amidst a global pandemic and national social justice upheaval, the centrality of structural racism has renewed old questions and raised new ones about where Asian Americans fit in U.S. politics. This paper provides an overview of the unique racial history of Asians in the United States and analyzes the implications of dynamic racialization and status for Asian Americans. In particular, we examine the dynamism of Asian Americans' racial positionality relative to historical shifts in economic-based conceptions of their desirability as workers in American capitalism. Taking history, power, and institutions of white supremacy into account, we analyze where Asian Americans fit in contemporary U.S. politics, presenting a better understanding of the persistent structures underlying racial inequality and developing a foundation from which Asian Americans can work to enhance equality.


2012 ◽  
Vol 38 (2-3) ◽  
pp. 348-373 ◽  
Author(s):  
Joel Teitelbaum ◽  
Lara Cartwright-Smith ◽  
Sara Rosenbaum

More than twenty-four million people in the United States are considered limited English proficient (LEP), and numerous studies have documented the consequences of communication barriers in healthcare. These consequences include: patients’ inability to become engaged and involved in their care; the absence of crucial information—including cultural information—essential to healthcare quality; risks to patient safety arising from the misunderstanding of physician instructions; and ethical and legal lapses stemming from the absence of informed consent. Addressing healthcare rights necessarily entails coming to grips with how to facilitate communication and the exchange of information between the healthcare system and an increasingly diverse patient population.The history of language access services in healthcare is grounded in two distinct bodies of law: the law of informed consent and civil rights law. Modern notions of informed consent law—which have their roots in the Nuremberg trials of the late 1940s—would recognize a cause of action in tort where a lack of adequate communication creates a barrier to an LEP patient's ability to consent to care. In modern healthcare law, the ability of patients to affirmatively give informed consent to treatment is considered a fundamental element of healthcare quality.


Author(s):  
J.C. Blokhuis ◽  
Randall Curren

Judicialization is the term most commonly used to describe the supervening authority of the courts in virtually every sphere of public life in liberal democratic states. In the United States, where judicialization is most advanced, political and administrative decisions by agencies and officials at every level of government are subject to constitutional scrutiny, and thus to the oversight and substituted decision-making authority of unelected members of the federal judiciary. The judicialization of American education is associated with the judicial review of administrative decisions by public school officials in lawsuits filed in the federal courts by or on behalf of students alleging due process and other Constitutional rights violations. So defined, the judicialization of American education has been facilitated by a number of legal and social developments in the Civil Rights Era, including the ascription of limited Constitutional rights to minors in public schools, the expansion of government agency liability, and the ensuing proliferation of lawsuits under Section 1983. Judicialization has been criticized for subjecting routine administrative decisions to complex and costly procedural regimentation, for distorting social relations by subjecting them to legal oversight, and for flooding the courts with frivolous lawsuits. The causes and outcomes of the judicialization of American education present a complex and mixed picture, however. The U.S. Office of Economic Opportunity’s Legal Services Program has played a central role in judicialization by providing legal resources to confront racial injustice in the punishment of students and in school funding.


2021 ◽  
Vol 44 (1) ◽  
pp. 18-23
Author(s):  
Ron Scapp

A commentary on the recent assault on the United States Capitol on January 6, 2021, in which the author situates the attack in the longer history of white supremacy, Christian nationalism, patriarchy, and unfettered capitalism.


Author(s):  
Natsu Taylor Saito

In the 1960s, global decolonization and the civil rights movement inspired hope for structural change in the United States, but more than fifty years later, racial disparities in income and wealth, education, employment, health, housing, and incarceration remain entrenched. In addition, we have seen a resurgence of overt White supremacy following the election of President Trump. This chapter considers the potential of movements like Black Lives Matter and the Standing Rock water protectors in light of the experiences of the Black Panther Party, the American Indian Movement, and other efforts at community empowerment in the “long sixties.”


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