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Understanding words that wound
Richard Delgado and Jean Stefancic
Successor and companion volume to Words that Wound, the first book to argue for recognition of hate speech as a serious social problem. The current volume greatly expands the coverage of hate speech, including chapters on children, the internet, recent cases, campus hate speech codes, and international responses. Deals expressly with arguments against hate-speech regulation, as well as the case for it. Written by leading critical race theorists Richard Delgado and Jean Stefancic, this volume succinctly explores a host of issues presented by hate speech, including legal theories for regulating it, the harms it causes, and policy arguments pro and con suppressing it. Chapters analyze hate speech on campus, the history of hate speech in America, the careers of particular words as "nigger," "spick," "wop," and "kike," hate speech against whites, and the special case of children. Particular attention is devoted to hate on the internet, talk radio, and to the role of white supremacist groups in disseminating it. Designed to be accessible to the general public and students, this book features reading lists, exercises, and questions for discussion. This book accompanies and expands on the prize-winning volume Words that Wound: Critical Race Theory, Assaultive Speech, and the First Amendment, also published by Westview Press.
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Patent law essentials: a concise guide
Alan L. Durham
Business has always been driven by ingenuity and innovation. Now, more than ever, with an economy built on knowledge work and intangible value, developing―and protecting―intellectual property is vital for individuals and organizations alike. This book presents a brief but thorough survey of U.S. patent law, presented in the clearest possible terms for nonspecialists―including scientists, engineers, business managers, and entrepreneurs―as well as students and practitioners of patent and intellectual property law. Drawing from both practical and academic experience, Alan Durham explains the basis of patent law and covers such topics as the application process, claim interpretation, the requirements of novelty and non-obviousness, disclosure requirements (such as enablement and best mode), and infringement―including infringement under the controversial doctrine of equivalents. Complex legal issues are explained through in-depth examples, many borrowed from actual cases, and feature such timely topics as patent protection of computer software, business methods, and biological materials. This revised and updated edition discusses recent developments in the law and draws from the most current case authority. Used as an introduction to the topic or a handy desk reference, this book will be an indispensable guide to the dynamics and mechanics of patent law. Durham illustrates complex legal issues through dozens of in-depth examples, many borrowed from actual cases. Of particular interest are cases involving patent disputes over computer software, business practices, and biological materials. From building a better mousetrap to building a better mouse, Patent Law Essentials defines the coverage and limitations of patent law and its protections, and shows how they are applied in the courts and in practical application. This revised and updated edition discusses recent developments in the law and draws from the most current case authority. Used as an introduction to the topic or a handy desk reference, this book will be an indispensable guide to the dynamics and mechanics of patent law.
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Justice at war: civil liberties and civil rights during times of crisis
Richard Delgado
The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens? Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest book in the award-winning Rodrigo Chronicles. Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war. In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.
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The least of these: fair taxes and the moral duty of Christians
Susan Pace Hamill
Includes Susan Hamill's thesis and related writings about a grassroots tax revolution. Includes an unabridged version of An Argument for Tax Reform Based on Judeo-Christian Ethics.
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Critical race theory: an introduction
Richard Delgado and Jean Stefancic
For well over a decade, critical race theory—the school of thought that holds that race lies at the very nexus of American life—has roiled the legal academy. In recent years, however, the fundamental principles of the movement have influenced other academic disciplines, from sociology and politics to ethnic studies and history. And yet, while the critical race theory movement has spawned dozens of conferences and numerous books, no concise, accessible volume outlines its basic parameters and tenets. Here, then, from two of the founders of the movement, is the first primer on one of the most influential intellectual movements in American law and politics.
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Critical race theory: the cutting edge
Richard Delgado and Jean Stefancic
In this wide-ranging second edition, Richard Delgado and Jean Stefancic bring together the finest, most illustrative, and highly accessible articles in the fast-growing legal genre of Critical Race Theory. In challenging orthodoxy, questioning the premises of liberalism, and debating sacred wisdoms, Critical Race Theory scholars writing over the past few years have indelibly changed the way America looks at race.Contributors: Regina Austin, Robin D. Barnes, Adrienne Davis, Derrick Bell, Kevin Brown, Paulette M. Caldwell, Robert S. Chang, Robert J. Cottrol, Jerome McCristal Culp, Jr., Peggy C. Davis, Richard Delgado, Raymond T. Diamond, Mary A. Dudziak, Leslie G. Espinoza, Monica J. Evans, Daniel Farber, Alan D. Freeman, Trina Grillo, Alex M. Johnson, Jr., Sheri Lynn Johnson, James W. Gordon, Angela P. Harris, Lisa C. Ikemoto, Randall L. Dennedy, Ian F. Haney Lopez, Sylke Merchan, Kathryn Milun, Margert E. Montoya, Michael A. Olivas, Deborah Waire Post, Thomas Ross, Jennifer M. Russell, Margaret M. Russell, Suzanna Sherry, Girardeau A Spann, Jean Stefancic, Gerald Torres, Patricia J. Williams, Stephanie M. Wildman, Robert A. Williams, Fr., Adrien, and Datherine Wing.
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When equality ends: stories about race and resistance
Richard Delgado
Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. In When Equality Ends: Stories About Race and Resistance, 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. The characters - a young professor of color, an aging veteran of many civil rights struggles, and a brilliant young conservative - tackle a handful of complex legal and policy questions in an engaging and accessible manner." "Has U.S. society quietly ended its commitment to minorities and to racial equality? In these new chronicles, Delgado' searches for an answer.
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Patent Law Essentials: A Concise Guide
Alan L. Durham
This consise, up-to-date survey of U.S. patent law uses examples, many from actual cases, to explain the various aspects of the patent system, including issues of patent validity, infringement, the application process, and litigation. Although many large multi-volume patent treatises are already available, this book will serve as a useful overview or starting point for further research. Patent claim interpretation, equivalence, prior art, and the extension of patent protection to non-traditional subject matter such as computer software are covered in detail. Appendixes contain sample U.S. patents.
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Notes of a racial caste baby: color blidness and the end of affirmative action.
Bryan K. Fair
The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male property holders: Southern planters and Northern merchants. At the heart of their deals was a clear race-conscious intent to place the interests of whites above those of blacks. In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two histories—America's and his own—to offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-Civil Rights Movement era—when the law of the land was explicitly anti-black—and today's affirmative action policies, which are decidedly not anti- white. He concludes that the only just and effective way in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors..Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste.
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Free in the world: American slavery and constitutional failure
Mark E. Brandon
The American Constitution is often held up as a model for other countries to imitate. According to Mark Brandon, however, it is a model not just of success, but also of failure. In this book, Brandon examines the breakdown of American constitutional order in the nineteenth century, paying special attention to slavery as an institution and as a subject of political rhetoric. He draws on historical narrative and constitutional theory to argue that the Constitution failed both because it denied to slaves and free blacks the means to participate in political life and because it could not reconcile the increasingly divergent constitutional cultures of North and South. These failures reflect the broader fact that written constitutions are not automatic solutions to political problems, but can divide as well as unite people. Brandon also develops a general typology of constitutional failure. He identifies several ways in which failure can occur, shows that failure in one area may signify success in another, and argues that the possibility of failure is built into the foundations of all constitutional regimes. In the course of the argument, Brandon examines such topics as the role of founding myths in establishing and undermining constitutional authority, the effects of having conflicting myths in a single regime, the debate over interpretive authority, the constitutional legitimacy of secession, and the constitutional reasons that Reconstruction failed. The book is a striking contribution both to constitutional theory and to our understanding of the constitutional issues surrounding slavery.
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Critical white studies: looking behind the mirror
Richard Delgado and Jean Stefancic
No longer content with accepting whiteness as the norm, critical scholars have turned their attention to whiteness itself. In Critical White Studies: Looking Behind the Mirror, numerous thinkers, including Toni Morrison, Eric Foner, Peggy McIntosh, Andrew Hacker, Ruth Frankenberg, John Howard Griffin, David Roediger, Kathleen Neal Cleaver, Noel Ignatiev, Cherríe Moraga, and Reginald Horsman, attack such questions as: How was whiteness invented, and why? How has the category whiteness changed over time? Why did some immigrant groups, such as the Irish and Jews, start out as nonwhite and later become white? Can some individual people be both white and nonwhite at different times, and what does it mean to "pass for white"? At what point does pride in being white cross the line into white power or white supremacy? What can whites concerned over racial inequity or white privilege do about it? Science and pseudoscience are presented side by side to demonstrate how our views on whiteness often reflect preconception, not fact. For example, most scientists hold that race is not a valid scientific category—genetic differences between races are insignificant compared to those within them. Yet, the "one drop" rule, whereby those with any nonwhite heritage are classified as nonwhite, persists even today. As The Bell Curve controversy shows, race concepts die hard, especially when power and prestige lie behind them. A sweeping portrait of the emerging field of whiteness studies, Critical White Studies presents, for the first time, the best work from sociology, law, history, cultural studies, and literature. Delgado and Stefancic expressly offer critical white studies as the next step in critical race theory. In focusing on whiteness, not only do they ask nonwhites to investigate more closely for what it means for others to be white, but also they invite whites to examine themselves more searchingly and to "look behind the mirror."
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Must we defend Nazis? hate speech, pornography, and the new First Amendment
Richard Delgado and Jean Stefancic
In Must We Defend Nazis?, Richard Delgado and Jean Stefancic set out to liberate speech from its current straight-jacket. Over the past hundred years, almost all of American law has matured from the mechanical jurisprudence approach--which held that cases could be solved on the basis of legal rules and logic alone--to that of legal realism--which maintains that legal reasoning must also take into account social policy, common sense, and experience. But in the area of free speech, the authors argue, such archaic formulas as the prohibition against content regulation, the maxim that the cure for bad speech is more speech, and the speech/act distinction continue to reign, creating a system which fails to take account of the harms speech can cause to disempowered, marginalized people. Focusing on the issues of hate-speech and pornography, this volume examines the efforts of reformers to oblige society and law to take account of such harms. It contends that the values of free expression and equal dignity stand in reciprocal relation. Speech in any sort of meaningful sense requires equal dignity, equal access, and equal respect on the parts of all of the speakers in a dialogue; free speech, in other words, presupposes equality. The authors argue for a system of free speech which takes into account nuance, context-sensitivity, and competing values such as human dignity and equal protection of the law.
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The coming race war? and other apocalyptic tales of America after affirmative action and welfare
Richard Delgado
In The Washington Post, Julius Lester praised Richard Delgado's The Rodrigo Chronicles: Conversations about America and Race as free of cant and ideology. . . . an excellent starting place for the national discussion about race we so desperately need. The New York Times has hailed Delgado as a pioneer in the study of race and law, and the Los Angeles Times has compared his storytelling style to Plato's Dialogues. In The Coming Race War?, Delgado turns his attention to the American racial landscape in the wake of the mid-term elections in 1994. Our political and racial topography has been radically altered. Affirmative action is being rolled back, immigrants continue to be targeted as the source of economic woes, and race is increasingly downplayed as a source of the nation's problems. Legal obstacles to racial equality have long been removed, we are told, so what's the problem? And yet, the plight of the urban poor grows worse. The number of young black men in prison continues to exceed those in college. Informal racial privilege remains entrenched and systemic. Where, asks Delgado in this new volume, will this lead? Enlisting his fictional counterpart, Rodrigo Crenshaw, to untangle the complexities of America's racial future, Delgado explores merit and affirmative action; the nature of empathy and, more commonly, false empathy; and the limitations of legal change. Warning of the dangers of depriving the underprivileged of all hope and opportunity, Delgado gives us a dark future in which an indignant white America casts aside, once and for all, the spirit of the civil rights movement, with disastrous results.
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No mercy: how conservative think tanks and foundations changed America's social agenda
Jean Stefancic and Richard Delgado
Jean Stefancic and Richard Delgado provide an incisive analysis of the Right's rise to power. The authors show that, since the sixties, the Left has had little to do with setting the country's agenda and that conservative think tanks and foundations have been systematically abetting a conservative revolution by funding a variety of issue-oriented studies and programs. The authors focus on seven areas in which this battle has been waged and won by the powerful conservative coalition: English Only; Proposition 187 and immigration reform; IQ, race, and eugenics; affirmative action; welfare; tort reform; and campus multi-culturalism. How has the Right managed to gain the advantage in these traditionally liberal campaigns? How can this be stopped? During this research, the authors found themselves in partial admiration of the dedication, economy of effort, and sheer ingenuity of the conservative forces. But Stefancic and Delgado seek to inform the American public about how the juggernaut operates - not to celebrate but to combat it. They challenge the Left to adopt the same sort of strategic focus and issue orientation as the Right to bring this country back to the center - before it's too late.
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The Rodrigo chronicles: conversations about America and race
Richard Delgado
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.
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