Critical America
Скачать книги из серии Critical AmericaThe Gender Line
Despite tremendous advances in civil rights, we live in a world where the sexes remain sharply segregated from birth to death: in names, clothing, social groupings, and possessions; in occupations, civic association, and domestic roles. Gender separatism, so pervasive as to be almost invisible, permeates the fabric of our daily social routines. Preferring a notion of gender that is fluid and contextual, and denying that separatism is inevitable, Nancy Levit dismantles the myths of gender essentialism Drawing on a wealth of interdisciplinary data regarding the biological and cultural origins of sex differences, Levit provides a fresh perspective on gendered behaviors and argues the need for careful cultivation of new relations between the sexes. With its focus particularly on men, The Gender Line offers an insightful overview of the construction of gender and the damaging effects of its stereotypes. Levit analyzes the ways in which law legitimizes the social segregation of the sexes through legal decisions regarding custody, employment, education, sexual harassment, and criminal law. In so doing, she illustrates the ways in which men's and women's oppressions are intertwined and how law molds the very definition of masculinity. Applying feminist methodology to the doctrine of feminism itself, Levit artfully demonstrates that gender separatism infects even our contemporary views of feminism. Levit asks questions that have been too long been unspoken–those that lie at the core of the feminist project, yet threaten its very foundations. Revealing masculinity as both a privileged and a victimized condition, she calls for a step forward, past the bounds of contemporary feminism and its conflicts, toward a more egalitarian and inclusive feminism. This brand of feminism would reshape traditional masculinity, invite men into feminist dialogue, and claim men as political allies.
Privilege Revealed
Affirmative action remains a hotly contested issue on our political landscape, yet the institutionalized systems of privilege which uphold the status quo remain unchallenged. Many Americans who advocate a merit-based, race-free worldview do not acknowledge the systems of privilege which benefit them. For example, many Americans rely on a social and sometimes even financial inheritance from previous generations. This inheritance, unlikely to be forthcoming if one's ancestors were slaves, privileges whiteness, maleness, and heterosexuality. In this important volume, scholars positioned differently with respect to white privilege examine how privilege of all forms manifests itself and how we can, and must, be aware of invisible privilege in our daily lives. Individual chapters focus on language, the workplace, the implications of comparing racism and sexism, race-based housing privilege, the dream of diversity and the cycle of exclusion, the rule of law and invisible systems of privilege, and the power of law to transform society.
From the Ground Up
A critical look at the movement for environmental justice When Bill Clinton signed an Executive Order on Environmental Justice in 1994, the phenomenon of environmental racism—the disproportionate impact of environmental hazards, particularly toxic waste dumps and polluting factories, on people of color and low-income communities—gained unprecedented recognition. Behind the President's signature, however, lies a remarkable tale of grassroots activism and political mobilization. Today, thousands of activists in hundreds of locales are fighting for their children, their communities, their quality of life, and their health. From the Ground Up critically examines one of the fastest growing social movements in the United States, the movement for environmental justice. Tracing the movement's roots, Luke Cole and Sheila Foster combine long-time activism with powerful storytelling to provide gripping case studies of communities across the U.S—towns like Kettleman City, California; Chester, Pennsylvania; and Dilkon, Arizona—and their struggles against corporate polluters. The authors effectively use social, economic and legal analysis to illustrate the historical and contemporary causes for environmental racism. Environmental justice struggles, they demonstrate, transform individuals, communities, institutions and even the nation as a whole.
Why Lawsuits are Good for America
Judging by the frequency with which it makes an appearance in television news shows and late night stand up routines, the frivolous lawsuit has become part and parcel of our national culture. A woman sues McDonald’s because she was scalded when she spilled her coffee. Thousands file lawsuits claiming they were injured by Agent Orange, silicone breast implants, or Bendectin although scientists report these substances do not cause the diseases in question. The United States, conventional wisdom has it, is a hyperlitigious society, propelled by avaricious lawyers, harebrained judges, and runaway juries. Lawsuits waste money and time and, moreover, many are simply groundless.Carl T. Bogus is not so sure. In Why Lawsuits Are Good for America , Bogus argues that common law works far better than commonly understood. Indeed, Bogus contends that while the system can and occasionally does produce “wrong” results, it is very difficult for it to make flatly irrational decisions. Blending history, theory, empirical data, and colorful case studies, Bogus explains why the common law, rather than being outdated, may be more necessary than ever. As Bogus sees it, the common law is an essential adjunct to governmental regulation—essential, in part, because it is not as easily manipulated by big business. Meanwhile, big business has launched an all out war on the common law. “Tort reform”—measures designed to make more difficult for individuals to sue corporations—one of the ten proposals in the Republican Contract With America, and George W. Bush’s first major initiative as Governor of Texas. And much of what we have come to believe about the system comes from a coordinated propaganda effort by big business and its allies. Bogus makes a compelling case for the necessity of safeguarding the system from current assaults. Why Lawsuits Are Good for America provides broad historical overviews of the development of American common law, torts, products liability, as well as fresh and provocative arguments about the role of the system of “disciplined democracy” in the twenty-first century.
The Sense of Justice
In The Sense of Justice , distinguished legal author Markus Dirk Dubber undertakes a critical analysis of the “sense of justice”: an overused, yet curiously understudied, concept in modern legal and political discourse. Courts cite it, scholars measure it, presidential candidates prize it, eulogists praise it, criminals lack it, and commentators bemoan its loss in times of war. But what is it? Often, the sense of justice is dismissed as little more than an emotional impulse that is out of place in a criminal justice system based on abstract legal and political norms equally applied to all.Dubber argues against simple categorization of the sense of justice. Drawing on recent work in moral philosophy, political theory, and linguistics, Dubber defines the sense of justice in terms of empathy—the emotional capacity that makes law possible by giving us vicarious access to the experiences of others. From there, he explores the way it is invoked, considered, and used in the American criminal justice system. He argues that this sense is more than an irrational emotional impulse but a valuable legal tool that should be properly used and understood.
The Disability Pendulum
Signed into law in July 1990, the Americans with Disabilities Act (ADA) became effective two years later, and court decisions about the law began to multiply in the middle of the decade. In The Disability Pendulum , Ruth Colker presents the first legislative history of the enactment of the ADA in Congress and analyzes the first decade of judicial decisions under the act. She assesses the success and failure of the first ten years of litigation under the ADA, focusing on its three major titles: employment, public entities, and public accommodations. The Disability Pendulum argues that despite an initial atmosphere of bipartisan support with the expectation that the ADA would make a significant difference in the lives of individuals with disabilities, judicial decisions have not been consistent with Congress’ intentions. The courts have operated like a pendulum, at times swinging to a pro-disabled plaintiff and then back again to a pro-defendant stance. Colker, whose work on the ADA has been cited by the Supreme Court, offers insightful and practical suggestions on where to amend the act to make it more effective in defending disability rights, and also explains judicial hostility toward enforcing the act.
Taxing America
In the winter of 1996, Steve Forbes–publisher, heir, and presidential candidate–captured the American imagination with his proposal for a flat tax. But while Mr. Forbes claimed that such a tax would level the economic playing field by eliminating countless loopholes and miles of red tape, his actual proposal betrayed such claims to fairness by overtaxing workers and undertaxing financial capital. In the face of recent proposals for dramatic and far-reaching tax reform, Taxing America takes a critical look at the way the federal government collects its revenue and exposes the bias at the heart of a system which claims to be objective and fair. Contrary to traditional tax scholarship, these writers argue that an awareness of disability discrimination, economic exploitation, heterosexism, sexism and racism is crucial to any analysis of tax policy. Gathering together essays whose topics range from federal housing policy to environmental clean-up costs to tax treaty policy making, Karen B. Brown and Mary Louise Fellows present a philosophy that is as simple as it is radical: economic arrangements contribute significantly to the creation of social hierarchies and the perpetuation of discrimination. Given this reality, Brown and Fellows maintain that the goal of the federal tax law should be social justice and the disruption of discriminatory and exploitative practices.
Selling Words
All of us grumble, from time to time, about the ever-increasing commercialization of American life. Whether in the form of overt corporate sponsorship–as evidenced by the «branding» of every major sporting event–or the less conspicuous role of commercial interests in the funding of the arts, America's corporations are a ubiquitous presence. While debates rage over the televising of liquor ads and the degree to which Joe Camel encourages adolescent smoking, of far greater concern, R. George Wright argues, should be the passivity with which we accept excessive commercialization. For many, the spread of commercialization by any means other than fraud or deception today seems merely a reflection of the capitalist pursuit of well-being. Yet owning and spending, for the middle- class consumers Wright discusses, is at best only weakly related to their happiness. In recent years, corporate America has shrewdly sought shelter from reasonable regulation by embracing the First Amendment. Focusing on such flashpoint issues as the Internet, tobacco advertising, and intentionally controversial ads, and exposing the dangerous elephantiasis of our commercial culture, Selling Words serves up a forceful warning about the perils of conflating commerce with First Amendment rights.
Original Sin
Originalism is the practice of reviewing constitutional cases by seeking to discern the framers' and ratifiers' intent. Original Sin argues that the "jurisprudence of original intent," represented on the current Supreme Court by Justices Antonin Scalia and Clarence Thomas, has failed on its own terms. Attempts to determine the framers' intent have not brought greater determinacy and legitimacy to the process of constitutional interpretation. Instead, the method has been marked by the very flaws—including self-interested reasoning and the manipulation of doctrine—that originalists argue marred the jurisprudence of the judicial "activists" of the Warren Court. Original Sin brings a rigorous review of the performance of the "new originalists" to the debate, applying their methodology to real cases. Marcosson focuses on the judicial decisions of Clarence Thomas, an avowed originalist who nevertheless advocates "color blind" readings of the Constitution which are at odds with the framers' ideas concerning anti-miscegenation and other laws. After critiquing what he sees as a troubling use of originalism and explaining why it has failed to provide a consistent basis for constitutional decision-making, the author goes on to offer an alternative approach: one that lends greater legitimacy to the Court's interpretations of the Constitution.
Meeting the Enemy
Since its founding, the United States has defined itself as the supreme protector of freedom throughout the world, pointing to its Constitution as the model of law to ensure democracy at home and to protect human rights internationally. Although the United States has consistently emphasized the importance of the international legal system, it has simultaneously distanced itself from many established principles of international law and the institutions that implement them. In fact, the American government has attempted to unilaterally reshape certain doctrines of international law while disregarding others, such as provisions of the Geneva Conventions and the prohibition on torture.America’s selective self-exemption, Natsu Taylor Saito argues, undermines not only specific legal institutions and norms, but leads to a decreased effectiveness of the global rule of law. Meeting the Enemy is a pointed look at why the United States’ frequent—if selective—disregard of international law and institutions is met with such high levels of approval, or at least complacency, by the American public.