In Brown's Wake: Legacies of America's Educational Landmark

Oxford University Press
Free sample

What is the legacy of Brown vs. Board of Education? While it is well known for establishing racial equality as a central commitment of American schools, the case also inspired social movements for equality in education across all lines of difference, including language, gender, disability, immigration status, socio-economic status, religion, and sexual orientation. Yet more than a half century after Brown, American schools are more racially separated than before, and educators, parents and policy makers still debate whether the ruling requires all-inclusive classrooms in terms of race, gender, disability, and other differences. In Brown's Wake examines the reverberations of Brown in American schools, including efforts to promote equal opportunities for all kinds of students. School choice, once a strategy for avoiding Brown, has emerged as a tool to promote integration and opportunities, even as charter schools and private school voucher programs enable new forms of self-separation by language, gender, disability, and ethnicity. Martha Minow, Dean of Harvard Law School, argues that the criteria placed on such initiatives carry serious consequences for both the character of American education and civil society itself. Although the original promise of Brown remains more symbolic than effective, Minow demonstrates the power of its vision in the struggles for equal education regardless of students' social identity, not only in the United States but also in many countries around the world. Further, she urges renewed commitment to the project of social integration even while acknowledging the complex obstacles that must be overcome. An elegant and concise overview of Brown and its aftermath, In Brown's Wake explores the broad-ranging and often surprising impact of one of the century's most important Supreme Court decisions.
Read more
Collapse

About the author

Martha Minow is Dean and Jeremiah Smith, Jr., Professor of Law at Harvard Law School, where she has taught since 1981. She is an expert in human rights and advocacy for members of racial and religious minorities, women, children, and persons with disabilities. Her prior books include Government by Contract; Just Schools; Breaking the Cycles of Hatred; Partners, Not Rivals; Between Vengeance and Forgiveness; Not Only for Myself; and Making All the Difference.
Read more
Collapse
Loading...

Additional Information

Publisher
Oxford University Press
Read more
Collapse
Published on
Aug 13, 2010
Read more
Collapse
Pages
320
Read more
Collapse
ISBN
9780199779789
Read more
Collapse
Read more
Collapse
Read more
Collapse
Language
English
Read more
Collapse
Genres
History / United States / 20th Century
Law / Civil Rights
Law / Legal History
Political Science / History & Theory
Read more
Collapse
Content Protection
This content is DRM protected.
Read more
Collapse
Read Aloud
Available on Android devices
Read more
Collapse
Eligible for Family Library

Reading information

Smartphones and Tablets

Install the Google Play Books app for Android and iPad/iPhone. It syncs automatically with your account and allows you to read online or offline wherever you are.

Laptops and Computers

You can read books purchased on Google Play using your computer's web browser.

eReaders and other devices

To read on e-ink devices like the Sony eReader or Barnes & Noble Nook, you'll need to download a file and transfer it to your device. Please follow the detailed Help center instructions to transfer the files to supported eReaders.
THE ROOSEVELT COURT is a brilliant analysis of Supreme Court decisions during a crucial decade in the Supreme Court’s history, by a political scientist “interested in the social and psychological origins of judicial attitudes and the influence of individual predilections on the development of law.” A much-cited classic of the Court and judicial decision-making from the point of view of social science and not just doctrine, this work is at last available in a convenient and well-formatted digital edition. The presentation includes active Contents, linked notes, and all tables and graphics from the original edition.

“One of the most informative, judicious, and illuminating of all the books on our judicial history.”
— Henry Steele Commager

“His analysis is continuously interesting to the general student of the Court.... Excellent analysis of the subject matter of Court opinions.... No one has done a better job of catching the true meaning of the Supreme Court’s role as an instrumentality of government, or of putting that meaning into striking yet comprehensible language.... No better brief summary of the constitutional law of [this] decade can be found anywhere. Finally, the book Is studded with wise insights into the nature of judicial review and the business of the Supreme Court.”
— American Historical Review

“Provocative, well-written, and adventurous.”
— The New York Times

“Written in an easy style, free of dogma, and interspersed with a sense of humor, it will solve for many the enigma of seven justices appointed by the same President and presumably endowed with a kindred social outlook attaining unprecedented heights of disagreement.”
— Christian Science Monitor

The 2014 digital representation of this important and still-cited work is an authorized and unabridged republication of all previous printed editions, instructing generations of court-watchers how such research is done and what it means to this important moment in constitutional history. Part of the Classics of Law & Society Series from Quid Pro Books.

Should a court order medical treatment for a severely disabled newborn in the face of the parents' refusal to authorize it? How does the law apply to a neighborhood that objects to a group home for developmentally disabled people? Does equality mean treating everyone the same, even if such treatment affects some people adversely? Does a state requirement of employee maternity leave serve or violate the commitment to gender equality?Martha Minow takes a hard look at the way our legal system functions in dealing with people on the basis of race, gender, age, ethnicity, religion, and disability. Minow confronts a variety of dilemmas of difference resulting from contradictory legal strategies—strategies that attempt to correct inequalities by sometimes recognizing and sometimes ignoring differences. Exploring the historical sources of ideas about difference, she offers challenging alternative ways of conceiving of traits that legal and social institutions have come to regard as "different." She argues, in effect, for a constructed jurisprudence based on the ability to recognize and work with perceptible forms of difference.Minow is passionately interested in the people—"different" people—whose lives are regularly (mis)shaped and (mis)directed by the legal system's ways of handling them. Drawing on literary and feminist theories and the insights of anthropology and social history, she identifies the unstated assumptions that tend to regenerate discrimination through the very reforms that are supposed to eliminate it. Education for handicapped children, conflicts between job and family responsibilities, bilingual education, Native American land claims—these are among the concrete problems she discusses from a fresh angle of vision.Minow firmly rejects the prevailing conception of the self that she believes underlies legal doctrine—a self seen as either separate and autonomous, or else disabled and incompetent in some way. In contrast, she regards the self as being realized through connection, capable of shaping an identity only in relationship to other people. She shifts the focus for problem solving from the "different" person to the relationships that construct that difference, and she proposes an analysis that can turn "difference" from a basis of stigma and a rationale for unequal treatment into a point of human connection. "The meanings of many differences can change when people locate and revise their relationships to difference," she asserts. "The student in a wheelchair becomes less different when the building designed without him in mind is altered to permit his access." Her book evaluates contemporary legal theories and reformulates legal rights for women, children, persons with disabilities, and others historically identified as different.Here is a powerful voice for change, speaking to issues that permeate our daily lives and form a central part of the work of law. By illuminating the many ways in which people differ from one another, this book shows how lawyers, political theorist, teachers, parents, students—every one of us—can make all the difference,
The New York Times Bestseller

In May 2013, Glenn Greenwald set out for Hong Kong to meet an anonymous source who claimed to have astonishing evidence of pervasive government spying and insisted on communicating only through heavily encrypted channels. That source turned out to be the 29-year-old NSA contractor and whistleblower Edward Snowden, and his revelations about the agency's widespread, systemic overreach proved to be some of the most explosive and consequential news in recent history, triggering a fierce debate over national security and information privacy. As the arguments rage on and the government considers various proposals for reform, it is clear that we have yet to see the full impact of Snowden's disclosures.

Now for the first time, Greenwald fits all the pieces together, recounting his high-intensity ten-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA's unprecedented abuse of power with never-before-seen documents entrusted to him by Snowden himself.
Going beyond NSA specifics, Greenwald also takes on the establishment media, excoriating their habitual avoidance of adversarial reporting on the government and their failure to serve the interests of the people. Finally, he asks what it means both for individuals and for a nation's political health when a government pries so invasively into the private lives of its citizens—and considers what safeguards and forms of oversight are necessary to protect democracy in the digital age. Coming at a landmark moment in American history, No Place to Hide is a fearless, incisive, and essential contribution to our understanding of the U.S. surveillance state.

Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure?

Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.


A vibrant set of freestanding responses from experts in political theory, psychology, history, and law examines past and potential avenues for breaking cycles of violence and for deepening our capacity to avoid becoming what we hate. The topics include hate crimes and hate-crimes legislation, child sexual abuse and the statute of limitations, and the American kidnapping and internment of Japanese Latin Americans during World War II. Commissioned by Nancy Rosenblum, the essays are by Ross E. Cheit, Marc Galanter, Fredrick C. Harris, Judith Lewis Herman, Carey Jaros, Frederick M. Lawrence, Austin Sarat, Ayelet Shachar, Eric K. Yamamoto, and Iris Marion Young.

The potential power of forgiveness in an age of resentment.

Crimes and violations of the law require punishment, and our legal system is set up to punish, but what if the system was recalibrated to also weigh grounds for forgiveness? What if something like bankruptcy—a fresh start for debtors—were available to people convicted of crimes? Martha Minow explores the complicated intersection of the law, justice, and forgiveness, asking whether the law should encourage people to forgive, and when courts, public officials, and specific laws should forgive.

Who has the right to forgive? Who should be forgiven? And under what terms? Minow tackles these foundational issues by exploring three questions:

What does the international response to child soldiers teach us about the legal treatment of juvenile offenders in the United States? Why are the laws surrounding corporate debt more forgiving than those governing American student and consumer debt, and sovereign debt in the developing world? When do law’s tools of forgiveness, amnesties, and pardons strengthen justice, peace, and democracy (think South Africa), and when do they undermine law’s promise of fairness (think Joe Arpaio)?

There are certainly grounds for both individuals and societies to withhold forgiveness, but there are also cases where letting go of legitimate grievances can make the law more just, not less. The law is democracy’s girder beam, and Minow urges us to build forgiveness into the administration of our laws. Forgiveness, wisely exercised, can strengthen law, democracy, and respect for the humanity of each person.

©2019 GoogleSite Terms of ServicePrivacyDevelopersArtistsAbout Google|Location: United StatesLanguage: English (United States)
By purchasing this item, you are transacting with Google Payments and agreeing to the Google Payments Terms of Service and Privacy Notice.