The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.
Although each essay is anchored in the local, several important larger themes emerge across the volume--such as the importance of personality and place, the movement of former slaves from the capriciousness of "plantation justice" to the (theoretically) more evenhanded processes of the courts, and the increased presence of government in daily aspects of American life.
Local Matters cites a wide range of examples to support these themes. One essay considers the case of a quasi-free slave in Natchez, Mississippi--himself a slaveowner--who was "reined in" by his master through the courts, while another shows how federal aims were subverted during trials held in the aftermath of the 1876 race riots in Ellenton, South Carolina. Other topics covered include the fear of black criminality as a motivation of Klan activity; the career of Thomas Ruffin, slaveowner and North Carolina Supreme Court Justice; blacks and the ballot in Washington County, Texas; the overturned murder conviction of a North Carolina slave who had killed a white man; the formation of a powerful white bloc in Vicksburg, Mississippi; agitation by black and white North Carolina women for greater protections from abusive white male elites; and slaves, crime, and the common law in New Orleans.
Together, these studies offer new insights into the nature of law and the fate of due process at different stages of a highly racialized society.
Among the subjects covered here are the origins of legal inequality for African Americans in the aftermath of the Civil War; the role of the U.S. Supreme Court in weakening constitutional protections against discrimination established in the 13th, 14th, and 15th Amendments; the white justification of segregation; and the extreme brutality of Jim Crow's defenders. Equally important, readers will learn about the psychological, political, social, and economic costs endured by the victims of Jim Crow inequality, as well as about the motivations, rejections, and successes faced by those who stood against these abominations.
The UK’s approach to ensuring equality for the workforce is notoriously difficult to navigate, with various aspects of protection being contained and discussed across a range of statutory and non-statutory instruments. Although the Equality Act 2010 is often viewed as central to the equality laws of the UK, there are other key areas that must also be borne in mind, including atypical worker protection and family friendly regulation: each of these are discussed to sufficient detail to enable the reader to gain a working understanding of how each operates.
In considering each of these key areas this text attempts to decipher and navigate each of them with the end user in mind. The protections, and the thresholds that need to be satisfied to acquire the protections, are broken down into their constituent parts and analysed using key case law and relevant codes of practices with a view to ensuring that their practical use is understood by the reader. Through adopting this approach the book ensures that the reader gets to grips with key concepts that protect on an equality footing.
The text takes account of case law from both UK courts, and European Courts where this is needed. This helps show the interaction that UK and EU law has in the area of equality law, and that the systems are interdependent to some extent.
For those wishing to go beyond the simple practical application of the law the text touches upon a number of academic debates that exist in the area of equality law, to further stimulate those with an interest in the law, but further to highlight some of the perceived weaknesses that exist with the UK’s current approach to equality protection, and whets the appetite for further discussion.
"If . . . anyone at all really wants to 'get to the root causes of gun violence in America,' they will need to start by coming to terms with even a fraction of what Loaded proposes."—Los Angeles Review of Books
"Her analysis, erudite and unrelenting, exposes blind spots not just among conservatives, but, crucially, among liberals as well. . . . As a portrait of the deepest structures of American violence, Loaded is an indispensable book."—The New Republic
With President Trump suggesting that teachers arm themselves, with the NRA portrayed as a group of "patriots" helping to Make America Great Again, with high school students across the country demanding a solution to the crisis, everyone in America needs to engage in the discussion about our future with an informed, historical perspective on the role of guns in our society. America is at a critical turning point. What is the future for our children?
Loaded: A Disarming History of the Second Amendment, is a deeply researched—and deeply disturbing—history of guns and gun laws in the United States, from the original colonization of the country to the present. As historian and educator Dunbar-Ortiz explains, in order to understand the current obstacles to gun control, we must understand the history of U.S. guns, from their role in the "settling of America" and the early formation of the new nation, and continuing up to the present.
Praise for Loaded:
"Dunbar-Ortiz's argument will be disturbing and unfamiliar to most readers, but her evidence is significant and should not be ignored."—Publishers Weekly
" . . . gun love is as American as apple pie—and that those guns have often been in the hands of a powerful white majority to subjugate minority natives, slaves, or others who might stand in the way of the broadest definition of Manifest Destiny."—Kirkus Reviews
"Trigger warning! This is a superb and subtle book, not an intellectual safe space for confirming your preconceptions—whatever those might be—but rather a deeply necessary provocation."—Christian Parenti, author of Lockdown America: Police and Prisons in the Age of Crisis