Faculty Bookshelf: ROMERO

The civil rights movement was arguably the most successful social movement in American history. In a provocative new assessment of its success, David Chappell argues that the story of civil rights is not a story of the ultimate triumph of liberal ideas after decades of gradual progress. Rather, it is a story of the power of religious tradition. Chappell reconsiders the intellectual roots of civil rights reform, showing how northern liberals' faith in the power of human reason to overcome prejudice was at odds with the movement's goal of immediate change. Even when liberals sincerely wanted change, they recognized that they could not necessarily inspire others to unite and fight for it. But the prophetic tradition of the Old Testament--sometimes translated into secular language--drove African American activists to unprecedented solidarity and self-sacrifice. Martin Luther King Jr., Fannie Lou Hamer, James Lawson, Modjeska Simkins, and other black leaders believed, as the Hebrew prophets believed, that they had to stand apart from society and instigate dramatic changes to force an unwilling world to abandon its sinful ways. Their impassioned campaign to stamp out "the sin of segregation" brought the vitality of a religious revival to their cause. Meanwhile, segregationists found little support within their white southern religious denominations. Although segregationists outvoted and outgunned black integrationists, the segregationists lost, Chappell concludes, largely because they did not have a religious commitment to their cause.

A distinguished legal scholar and civil rights activist employs a series of dramatic fables and dialogues to probe the foundations of America's racial attitudes and raise disturbing questions about the nature of our society.

This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy--a process that profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s--its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol.

Asylum Denied is the gripping story of political refugee David Ngaruri Kenney's harrowing odyssey through the world of immigration processing in the United States. Kenney, while living in his native Kenya, led a boycott to protest his government's treatment of his fellow farmers. He was subsequently arrested and taken into the forest to be executed. This book, told by Kenney and his lawyer Philip G. Schrag from Kenney's own perspective, tells of his near-murder, imprisonment, and torture in Kenya; his remarkable escape to the United States; and the obstacle course of ordeals and proceedings he faced as U.S. government agencies sought to deport him to Kenya. A story of courage, love, perseverance, and legal strategy, Asylum Denied brings to life the human costs associated with our immigration laws and suggests reforms that are desperately needed to help other victims of human rights violations.

Dubbed a pioneer of critical race theory, Delgado offers a book of compelling conversations about race in America Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come." In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination. Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

The United States in the twenty-first century will be a nation of so-called minorities. Shifts in the composition of the American populace necessitate a radical change in the ways we as a nation think about race relations, identity, and racial justice. Once dominated by black-white relations, discussions of race are increasingly informed by an awareness of strife among nonwhite racial groups. While white influence remains important in nonwhite racial conflict, the time has come for acknowledgment of ways communities of color sometimes clash, and their struggles to heal the resulting wounds and forge strong alliances. Melding race history, legal theory, theology, social psychology, and anecdotes, Eric K. Yamamoto offers a fresh look at race and responsibility. He tells tales of explosive conflicts and halting conciliatory efforts between African Americans and Korean and Vietnamese immigrant shop owners in Los Angeles and New Orleans. He also paints a fascinating picture of South Africa's controversial Truth and Reconciliation Commission as well as a pathbreaking Asian American apology to Native Hawaiians for complicity in their oppression. An incisive and original work by a highly respected scholar, Interracial Justice greatly advances our understanding of conflict and healing through justice in multiracial America.

Seeking to re-imagine the meaning and significance of the international border, Opening the Floodgates makes a case for eliminating the border as a legal construct that impedes the movement of people into this country. Open migration policies deserve fuller analysis, as evidenced by President Barack Obama's pledge to make immigration reform a priority. Kevin R. Johnson offers an alternative vision of how U.S. borders might be reconfigured, grounded in moral, economic, and policy arguments for open borders. Importantly, liberalizing migration through an open borders policy would recognize that the enforcement of closed borders cannot stifle the strong, perhaps irresistible, economic, social, and political pressures that fuel international migration. Controversially, Johnson suggests that open borders are entirely consistent with efforts to prevent terrorism that have dominated immigration enforcement since the events of September 11, 2001. More liberal migration, he suggests, would allow for full attention to be paid to the true dangers to public safety and national security.

In this remarkable and elegant work, acclaimed Yale Law School professor Kenji Yoshino fuses legal manifesto and poetic memoir to call for a redefinition of civil rights in our law and culture. Everyone covers. To cover is to downplay a disfavored trait so as to blend into the mainstream. Because all of us possess stigmatized attributes, we all encounter pressure to cover in our daily lives. Given its pervasiveness, we may experience this pressure to be a simple fact of social life. Against conventional understanding, Kenji Yoshino argues that the demand to cover can pose a hidden threat to our civil rights. Though we have come to some consensus against penalizing people for differences based on race, sex, sexual orientation, religion, and disability, we still routinely deny equal treatment to people who refuse to downplay differences along these lines. Racial minorities are pressed to “act white” by changing their names, languages, or cultural practices. Women are told to “play like men” at work. Gays are asked not to engage in public displays of same-sex affection. The devout are instructed to minimize expressions of faith, and individuals with disabilities are urged to conceal the paraphernalia that permit them to function. In a wide-ranging analysis, Yoshino demonstrates that American civil rights law has generally ignored the threat posed by these covering demands. With passion and rigor, he shows that the work of civil rights will not be complete until it attends to the harms of coerced conformity. At the same time, Yoshino is responsive to the American exasperation with identity politics, which often seems like an endless parade of groups asking for state and social solicitude. He observes that the ubiquity of the covering demand provides an opportunity to lift civil rights into a higher, more universal register. Since we all experience the covering demand, we can all make common cause around a new civil rights paradigm based on our desire for authenticity–a desire that brings us together rather than driving us apart. Yoshino’s argument draws deeply on his personal experiences as a gay Asian American. He follows the Romantics in his belief that if a human life is described with enough particularity, the universal will speak through it. The result is a work that combines one of the most moving memoirs written in years with a landmark manifesto on the civil rights of the future. “This brilliantly argued and engaging book does two things at once, and it does them both astonishingly well. First, it's a finely grained memoir of young man’s struggles to come to terms with his sexuality, and second, it's a powerful argument for a whole new way of thinking about civil rights and how our society deals with difference. This book challenges us all to confront our own unacknowledged biases, and it demands that we take seriously the idea that there are many different ways to be human. Kenji Yoshino is the face and the voice of the new civil rights.” -Barbara Ehrenreich, author ofNickel and Dimed “Kenji Yoshino has not only given us an important, compelling new way to understand civil rights law, a major accomplishment in itself, but with great bravery and honesty, he has forged his argument from the cauldron of his own experience. In clear, lyrical prose,Coveringquite literally brings the law to life. The result is a book about our public and private selves as convincing to the spirit as it is to the mind.” -Adam Haslett, author ofYou Are Not A Stranger Here “Kenji Yoshino's work is often moving and always clarifying.Coveringelaborates an original, arresting account of identity and authenticity in American culture.” -Anthony Appiah, author ofThe Ethics of Identityand Laurance S. Rockefeller University Professor Of Phi

In the tradition of W. E. B. Du Bois, Cornel West, and other public intellectuals who confronted the "color line" of the twentieth century, journalist, law professor, and activist Frank H. Wu offers a unique perspective on how changing ideas of racial identity will affect race relations in the new century.Often provocative and always thoughtful, this book addresses some of the most controversial contemporary issues: discrimination, immigration, diversity, globalization, and the mixed-race movement, introducing the example of Asian Americans to shed new light on the current debates. Combining personal anecdotes, social-science research, legal cases, history, and original journalistic reporting, Wu discusses damaging Asian American stereotypes such as "the model minority" and "the perpetual foreigner." By offering new ways of thinking about race in American society, Wu's work challenges us to make good on our great democratic experiment.

Williams tells his riveting story of struggle against racism: Growing up white in segregated Virginia in the 1950s, he discovered at age 10 that he was black. Awards: SLJ Best Book.