Awakening from the Dream
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1 Awakening from the Dream Civil Rights Under Siege and the New Struggle for Equal Justice Edited by Denise C. Morgan, Rachel D. Godsil, and Joy Moses CAROLINA ACADEMIC PRESS Durham, North Carolina
2 CONTENTS Foreword Introduction xi xv Parti The Rehnquist Court's Federalism Revolution and Civil Rights 1 What is Federalism and What Does It Have to do with Civil Rights? Federalism: The Double-Edged Sword of Liberty and Oppression 3 Paul Finkelman 2 The NCRCR Conference Introduction Reversing the Retreat on Civil Rights 25 Wade Henderson and Janell Byrd-Chichester Part II The Impact of the Federalism Revolution on the Lives of Americans 3 African Americans The Rehnquist Court, the Resurrection o/plessy, and the Ever-Expanding Definition of "Societal Discrimination" 39 Lia B. Epperson 4 Latinos Un Pasito Pa'lante, Un Pasito Pa'tras: Latinos and the Rollback of Civil Rights 55 Sandra Del Valle 5 Asian Americans Asian Americans under the Rehnquist Court: A Protracted and Ongoing Struggle for Justice and Recognition 67 Vincent A. Eng and Julianna Lee vn
3 viii CONTENTS 6 Women Making a Federal Case out of Women's Concerns: The Supreme Court's Hostility to Civil Rights for Battered Women 79 Emily J. Martin 7 Older Americans "Narrowing the Nation's Power": The Impact on Older Americans 89 Simon Lazarus 8 Americans with Disabilities Judicial Revision of the Americans with Disabilities Act of 1990: Mere Fine-Tuning 7. Or Ideological Backlash? 105 Caroline Palmer 9 Sexual Minorities The Federalism Revolution and the Sexual Minority Federal Legislative Agenda 121 Arthur S. Leonard 10 Language Minorities Language Rights and Loss of Judicial Remedy: The Impact of Alexander v. Sandoval on Language Minorities 135 Rose Cuison Villazor 11 Immigrant Workers The Rollback of Immigrant Workers' Civil Rights 149 Marielena Hincapie and Ana Avendano-Denier Part III The Impact of the Federalism Revolution on Access to Courts to Protect Essential Services and Fundamental Rights 12 Public Education Reneging on the Promise of Brown: The Rehnquist Court and Education Rights 165 Denise C. Morgan 13 HealthCare The Civil Rights Rollback: It's Bad for Your Health 179 Jane Perkins
4 CONTENTS ix 14 The Environment Permitted to Pollute: The Rollback of Environmental Justice 193 Olga Pomar and Rachel D. Godsil 15 Our Criminal Justice System Federalism, Race, and Criminal Justice 205 Michelle Alexander 16 Our Civil Liberties Who's Watching the Home Front? 219 Barbara J. Olshansky 17 Immigration Abuse of (Plenary) Power? Judicial Deference and the Post-9/11 War on Immigrants 229 Lori A. Nessel and Anjum Gupta Part IV The Federalism Revolution: Principle or Politics? 18 It's Not About States' Rights Double-Talk by the Activist Supreme Court Majority 239 Herbert Semmel 19 Workers'Rights Federalist Hypocrisy and the Preemption of State Labor Laws 251 Nathan Newman PartV Strategies for Reversing the Civil Rights Rollback 20 Lessons from the Right Fighting the Civil Rights Rollback: Lessons from the Right 267 Lee Cokorinos and Alfred F. Ross 21 Restoring the Balance of Power in the Federal Courts Saving the Courts 283 Susan Lerner
5 x CONTENTS 22 Revitalizing Federal Civil Rights Legislation Protecting Ideals of Equality and Justice for All: Progressive Legislation in a Conservative Era 297 Joy Moses 23 State Reform Strategies State Strategies to Reverse the Civil Rights Rollback 317 Dennis D. Parker 24 Activist Strategies We Shall Be Moved: Community Activism as a Tool for Reversing the Rollback 329 Andrew Friedman Robert Garcia & Erica Flores Baltodano Julie Hyman, Brad Williams & Trade Crandell 25 Student Advocacy Building a Student Movement: Lessons Learned and Suggestions for the Future 349 Lisa Zeidner and Luke Blocher 26 Litigation Strategies Lawyering and Litigation during the Rollback: Legal Strategies to Pursue Social Justice 363 Marianne Engleman Lado Appendix A Glossary of Terms 379 Appendix B Websites with Information about Federal Judicial Nominations 393 Appendix C The Constitution of the United States 395 About the Contributers 419 Index 435 Table of Cases 449
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