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"Race" does not speak to most white people. Rather, whites tend to associate race with people of color and to equate whiteness with racelessness. As Barbara J. Flagg demonstrates in this important book, this "transparency" phenomenon--the invisibility of whiteness to white people-- profoundly affects the ways in whites make decisions: they rely on criteria perceived by the decisionmaker as race-neutral but which in fact reflect white, race-specific norms. Flagg here identifies this transparently white decisionmaking as a form of institutional racism that contributes significantly, though unobtrusively, to the maintenance of white supremacy. Bringing the discussion to bear on the arena of law, Flagg analyzes key areas of race discrimination law and makes the case for reforms that would bring legal doctrine into greater harmony with the recognition of institutional racism in general and the transparency phenomenon in particular. She concludes with an exploration of the meaning of whiteness in a pluralist culture, paving the way for a positive, nonracist conception of whiteness as a distinct racial identity. An informed and substantive call for doctrinal reform, Was Blind But Now I See is the most expansive treatment yet of the relationship between whiteness and law.

Race discrimination --- African Americans --- Jim Crow laws --- Law and legislation --- Legal status, laws, etc. --- United States --- Race relations. --- Race question --- African Americans Legal status, laws, etc.

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Undoing Plessy: Charles Hamilton Houston, Race, Labor and the Law, 1895-1950 explores the manner in which African Americans countered racialized impediments, attacking their legal underpinnings during the first half of the twentieth century. Specifically, Undoing Plessy explores the professional life of Charles Hamilton Houston, and the way it informs our understanding of change in the pre-Brown era. Houston dedicated his life to the emancipation of oppressed people, and was inspired early-on...

African American civil rights workers --- African Americans --- Jim Crow laws --- Jim Crowism --- Segregation --- Segregation. --- Legal status, laws, etc. --- Civil rights --- History. --- Social conditions --- Houston, Charles Hamilton, --- Houston, Charles, --- Houston, Charles H. --- African Americans Legal status, laws, etc.

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Before the Civil War, colonization schemes and black laws threatened to deport former slaves born in the United States. Birthright Citizens recovers the story of how African American activists remade national belonging through battles in legislatures, conventions, and courthouses. They faced formidable opposition, most notoriously from the US Supreme Court decision in Dred Scott. Still, Martha S. Jones explains, no single case defined their status. Former slaves studied law, secured allies, and conducted themselves like citizens, establishing their status through local, everyday claims. All along they argued that birth guaranteed their rights. With fresh archival sources and an ambitious reframing of constitutional law-making before the Civil War, Jones shows how the Fourteenth Amendment constitutionalized the birthright principle, and black Americans' aspirations were realized. Birthright Citizens tells how African American activists radically transformed the terms of citizenship for all Americans.

African Americans --- Citizenship --- Race discrimination --- Birthright citizenship --- Citizenship (International law) --- National citizenship --- Nationality (Citizenship) --- Political science --- Public law --- Allegiance --- Civics --- Domicile --- Political rights --- Jim Crow laws --- Legal status, laws, etc. --- Civil rights --- History --- Law and legislation --- History. --- African Americans Legal status, laws, etc.

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Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.

Public law. Constitutional law --- Political philosophy. Social philosophy --- Constitutional law --- Game theory. --- Law and economics. --- Philosophy. --- Dret constitucional --- Filosofia. --- Jim Crow laws. --- Pareto frontier. --- accountability: of legislators. --- agenda setting rules. --- bargaining, legislative. --- chaos theorem. --- commodity, contingent. --- condemnation doctrine. --- consequentialism. --- delegation game. --- discussion set. --- emergency doctrine. --- engorgement principle. --- hate speech. --- intransivity. --- judicial review. --- law merchant. --- matching grants. --- maximin. --- natural monopoly. --- patronage system. --- political speech. --- private bads. --- slavery. --- sub-majority rule. --- term limits. --- unicameralism. --- white flight. --- zero-sum game.

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Did the civil rights movement impact the development of the American state? Despite extensive accounts of civil rights mobilization and narratives of state building, there has been surprisingly little research that explicitly examines the importance and consequence that civil rights activism has had for the process of state building in American political and constitutional development. Through a sweeping archival analysis of the NAACP's battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, and secured the support of Congress. In the NAACP's most far-reaching victory, the Supreme Court ruled that the constitutional rights of black defendants were violated by a white mob in the landmark criminal procedure decision Moore v. Dempsey. This book demonstrates the importance of citizen agency in the making of new constitutional law in a period unexplored by previous scholarship.

Civil rights --- African Americans --- Civil rights movements --- Jim Crow laws --- History --- Legal status, laws, etc. --- National Association for the Advancement of Colored People. --- NAACP (Organization) --- N.A.A.C.P. (Organization) --- Lynching --- Constitutional law --- Law and legislation --- United States. --- Homicide --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Anti-lynching movements --- African Americans Legal status, laws, etc.