Category: Law / Legal History

Interview with William P. Hustwit about Integration Now: Alexander v. Holmes and the End of Jim Crow Education

The third episode in the Talking Legal History podcast’s series featuring UNC Press is live! You can listen to the episode here. This episode arrives with the 50th anniversary of the Supreme Court decision Alexander v. Holmes. Half a century after the decision, it is helpful to reflect and talk with William P. Hustwit, through a conversation about his book… Continue Reading Interview with William P. Hustwit about Integration Now: Alexander v. Holmes and the End of Jim Crow Education

Interview with Candy Gunther Brown about Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion?

The second episode in Siobhan Barco’s podcast series featuring UNC Press books is live! You can listen to Siobhan talk with Candy Gunther Brown on New Books in Law about her book Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion?  (UNC Press, 2019). The series is produced with support from the Versatile Humanists at Duke… Continue Reading Interview with Candy Gunther Brown about Debating Yoga and Mindfulness in Public Schools: Reforming Secular Education or Reestablishing Religion?

UNC Press books featured at the Talking Legal History Podcast

Talking Legal History Podcast: Interview with Hendrik Hartog about The Trouble with Minna: A Case of Slavery and Emancipation in the Antebellum North The first episode in the Talking Legal History podcast’s series featuring UNC Press books is now live! You can listen to the episode here. The series is produced by Siobhan M. M. Barco, J.D. with support from the… Continue Reading UNC Press books featured at the Talking Legal History Podcast

Mary-Elizabeth B. Murphy: Supreme Court Matters

Today we welcome a guest post from Mary-Elizabeth B. Murphy, author of Jim Crow Capital:  Women and Black Freedom Struggles in Washington, D.C., 1920–1945, which UNC Press will publish in November. In her new book, Murphy tells the story of how African American women in D.C. transformed civil rights politics in their freedom struggles between 1920 and 1945. Even though no… Continue Reading Mary-Elizabeth B. Murphy: Supreme Court Matters

Hendrik Hartog: What’s in a Word

Today we welcome a guest post from Hendrik Hartog, author of The Trouble with Minna:  A Case of Slavery and Emancipation in the Antebellum North, just published by UNC Press. In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the… Continue Reading Hendrik Hartog: What’s in a Word

Stephanie Hinnershitz: Righting Past Wrongs in Lingering Legal Codes

Today we welcome a guest post from Stephanie Hinnershitz, author of A Different Shade of Justice:  Asian American Civil Rights in the South. From the formation of Chinese and Japanese communities in the early twentieth century through Indian hotel owners’ battles against business discrimination in the 1980s and ’90s, Stephanie Hinnershitz shows how Asian Americans organized carefully constructed legal battles… Continue Reading Stephanie Hinnershitz: Righting Past Wrongs in Lingering Legal Codes

Stephanie Hinnershitz: Before Loving: How the Naim v. Naim Case Challenges Civil Rights Narratives

Today we welcome a guest blog post from Stephanie Hinnershitz, author of A Different Shade of Justice: Asian American Civil Rights in the South, on the global nature of struggles over civil rights. From the formation of Chinese and Japanese communities in the early twentieth century through Indian hotel owners’ battles against business discrimination in the 1980s and ’90s, Stephanie… Continue Reading Stephanie Hinnershitz: Before Loving: How the Naim v. Naim Case Challenges Civil Rights Narratives

Julie M. Weise: African Americans and Immigrants’ Rights in the Trump Era

Back in 2008 when Senators Barack Obama and Hillary Clinton vied for the Democratic nomination, the “Will Latinos support a black candidate?” narrative dominated the news cycle. “Many Latinos are not ready for a person of color,” said a young Latina in a typical quote featured by the New York Times. “I don’t think many Latinos will vote for Obama.” Academic social science from new Latino settlement areas in the U.S. South seemingly confirmed the narrative: “Latino Immigrants come to the U.S. with negative stereotypes of black Americans,” declared a Duke research team after conducting a survey in Durham, N.C., in 2003. Yet though Clinton did dominate among Latinos in the 2008 primary, they rallied to Obama’s side once he clinched the nomination, delivering the country’s first black president a historically large margin of Latino votes that November. Continue Reading Julie M. Weise: African Americans and Immigrants’ Rights in the Trump Era

Deirdre M. Moloney: The Muslim Ban of 1910

Certain immigrants, including Mormons, Hindus, and Muslims faced barriers in their effort to settle in the United States in the late nineteenth and early twentieth centuries because they were perceived as adhering to belief systems that were un-American. Though those religiously based cases were small relative to those immigrants facing exclusion or deportation based on their poverty or on medical grounds, they suggest that religious bias has long been a significant factor in early federal immigration policies. Continue Reading Deirdre M. Moloney: The Muslim Ban of 1910

Elliott Young: Felons and Families

Even as one might criticize Obama for becoming the “Deporter in Chief,” he did not invent the pernicious rhetoric of good and bad immigrants. He merely followed in a long tradition that stretches back to the late nineteenth century when federal immigration restrictions were first written into law to keep out criminals, prostitutes, and the Chinese. Continue Reading Elliott Young: Felons and Families

Off the Page: Roundtable 1: Immigration

UNC Press is proud to host this first in a series of week-long virtual roundtables, featuring Press authors drawing on their work to address issues of contemporary concern. This week we share five short essays by leading scholars of immigration, including Elliott Young, Deirdre M. Moloney, Mireya Loza, Julie M. Weise, and Erika Lee. Continue Reading Off the Page: Roundtable 1: Immigration

Excerpt: The Wilmington Ten, by Kenneth Robert Janken

The case of the Wilmington Ten emerged out of the events of February 1971. In an effort to lay blame for the violence and remove the effective and popular organizer Benjamin Chavis, the Wilmington police and state prosecutor—assisted by the U.S. Bureau of Alcohol, Tobacco, and Firearms (BATF)—concocted a case against Chavis, eight other black men (five of them high school students), and one white woman. Arrested more than a year after the disturbances, they were charged with conspiracy, burning Mike’s Grocery, and shooting at the firefighters and police who responded to the fire. (Ann Shepard was charged only with conspiracy.) The prosecutor, with the assent of the presiding judge, illegally excluded blacks from the jury. He solicited perjured testimony from his main witnesses to convict the Ten, who were sentenced to a total of 282 years in prison. Their convictions sparked a campaign across North Carolina, the nation, and the world to free them. Continue Reading Excerpt: The Wilmington Ten, by Kenneth Robert Janken

Excerpt: The Trials of Laura Fair: Sex, Murder, and Insanity in the Victorian West, by Carole Haber

In arguing that the jury had to find Laura “not guilty by reason of insanity,” Quint and Cook hoped to focus their attention around four central issues. At the heart of their case, they argued, was the notion that Laura was unconscious and irrational at the time of the murder. In contrast to the prosecution, which had relied on gossip and rumor to condemn Laura’s character, they would base their case on the latest scientific findings and medical expertise. By calling to the stand doctors with advanced knowledge and training, they would prove that Laura—much like Mary Harris before her—was a victim herself, captive to the effects of severe organic disease. Especially when her menstrual cycle approached, she experienced recurring bouts of hysterical mania that left her without control of her actions or awareness of events. Thus, no matter how heinous the act appeared, she was not responsible for its commission. Continue Reading Excerpt: The Trials of Laura Fair: Sex, Murder, and Insanity in the Victorian West, by Carole Haber

Ellen Griffith Spears: End Toxic Discrimination

One Supreme Court decision announced this June received limited notice, in part because it came out the same week as momentous decisions on marriage equality and the Affordable Care Act, and following the horrific tragedy at Charleston’s Emanuel African Methodist Episcopal Church. But the Court’s decision in a fair housing dispute, Texas Department of Housing and Community Affairs et al. v. Inclusive Communities Project, merits serious attention as LGBTQ activists and their allies move on to tackle employment and housing discrimination and as the momentum from the campaign to remove the Confederate flag from public places turns toward a broader agenda. The ruling could be especially significant for activists working to end the disproportionate placement of polluting factories and hazardous waste facilities in low-income neighborhoods and communities of color. Continue Reading Ellen Griffith Spears: End Toxic Discrimination

Martha S. Jones on Attorney General Nominee Loretta Lynch and the Political Power of Black Women

Over at the Huffington Post, Martha S. Jones, coeditor of Toward an Intellectual History of Black Women, puts the nomination of Loretta Lynch for Attorney General in historical and political context. Jones begins: Glimpse a preview of dynamics that will shape the 2016 election cycle in the contest over Loretta Lynch’s nomination as Attorney General. As the first African American… Continue Reading Martha S. Jones on Attorney General Nominee Loretta Lynch and the Political Power of Black Women

Marc Stein: Sotomayor v. Roberts: Race, Affirmative Action, and Impatience

When I teach students about the history of constitutional law, I usually focus on the substantive legal arguments in Supreme Court decisions, but sometimes I encourage my students to focus on the tone, the emotion, the affect. I try to show my students that this can help us understand what is really going on in these decisions and it can help us consider the underlying issues and the political stakes. Continue Reading Marc Stein: Sotomayor v. Roberts: Race, Affirmative Action, and Impatience

Lara Putnam: Families and the Cost of Borders

Some of the deepest costs of our prohibitionist immigration system have to do with family. And they’re not just emotional costs—they’re economic costs as well. Continue Reading Lara Putnam: Families and the Cost of Borders

Marc Stein: Five Myths about Roe v. Wade

On 22 January 1973, the U.S. Supreme Court announced its decision in Roe v. Wade, the abortion rights case that culminated in one of the most controversial legal rulings in the country’s history. Forty years later, numerous myths continue to circulate about the contents and meanings of Roe. Here are five of the most significant. Continue Reading Marc Stein: Five Myths about Roe v. Wade

Deirdre M. Moloney: State and local immigration policies affect U.S. foreign affairs

But there is another historically significant dimension to the decision that has received less media attention: ceding to states greater authority to regulate immigration would have represented a significant devolution in federal power. Continue Reading Deirdre M. Moloney: State and local immigration policies affect U.S. foreign affairs