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Robert L Hayman, Jr.

What exactly is intelligence? Is it social achievement? Professional success? Is it common sense? Or the number on an IQ test?
 Interweaving engaging narratives with dramatic case studies, Robert L. Hayman, Jr., has written a history of intelligence that will forever change the way we think about who is smart and who is not. To give weight to his assertion that intelligence is not simply an inherent characteristic but rather one which reflects the interests and predispositions of those doing the measuring, Hayman traces numerous campaigns to classify human intelligence. His tour takes us through the early craniometric movement, eugenics, the development of the IQ, Spearman's "general" intelligence, and more recent works claiming a genetic basis for intelligence differences.
 What Hayman uncovers is the maddening irony of intelligence: that "scientific" efforts to reduce intelligence to a single, ordinal quantity have persisted--and at times captured our cultural imagination--not because of their scientific legitimacy, but because of their longstanding political appeal. The belief in a natural intellectual order was pervasive in "scientific" and "political" thought both at the founding of the Republic and throughout its nineteenth-century Reconstruction. And while we are today formally committed to the notion of equality under the law, our culture retains its central belief in the natural inequality of its members. Consequently, Hayman argues, the promise of a genuine equality can be realized only when the mythology of "intelligence" is debunked--only, that is, when we recognize the decisive role of culture in defining intelligence and creating intelligence differences. Only culture can give meaning to the statement that one person-- or one group--is smarter than another. And only culture can provide our motivation for saying it.
 With a keen wit and a sharp eye, Hayman highlights the inescapable contradictions that arise in a society committed both to liberty and to equality and traces how the resulting tensions manifest themselves in the ways we conceive of identity, community, and merit.

NYU Press

Critical America

The Smart Culture: Society, Intelligence, and Law

Bryan K Fair

The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male propertyholders: 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.
 Table of Contents
 A Note to the Reader 
 Acknowledgments 
 Preface: Telling Stories 
 Recasting Remedies as Diseases 
 Color-Blind Justice 
 The Design of This Book 
 Pt. 1. A Personal Narrative 
 Not White Enough 
 Dee 
 Black Columbus 
 Racial Poverty 
 Man-Child 
 Colored Matters 
 Coded Schools 
 Busing 
 Going Home 
 Equal Opportunity 
 The Character of Color 
 Diversity as One Factor 
 The Deception of Color Blindness 
 Pt. 2. White Privilege and Black Despair: The Origins of Racial Caste in America 
 The Declaration of Inferiority 
 Marginal Americans 
 Inventing American Slavery 
 The Road to Constitutional Caste 
 Losing Second-Class Citizenship 
 Reconstruction and Sacrifice 
 Separate and Unequal 
 The Color Line 
 Critiquing Color Blindness 
 Pt. 3. The Constitutionality of Remedial Affirmative Action 
 The Origins of Remedial Affirmative Action 
 The Court of Last Resort 
 The Invention of Reverse Discrimination 
 The Politics of Affirmative Action: Myth or Reality? 
 Racial Realism 
 Eliminating Caste
 Afterword 
 Notes 
 Index

Notes of a Racial Caste Baby: Color Blindness and the End of Affirmative Action

Stephen M Feldman

Whether in the form of Christmas trees in town squares or prayer in school, fierce disputes over the separation of church and state have long bedeviled this country. Both decried and celebrated, this principle is considered by many, for right or wrong, a defining aspect of American national identity.
 Nearly all discussions regarding the role of religion in American life build on two dominant assumptions: first, the separation of church and state is a constitutional principle that promotes democracy and equally protects the religious freedom of all Americans, especially religious outgroups; and second, this principle emerges as a uniquely American contribution to political theory.
 In Please Don't Wish Me a Merry Christmas, Stephen M. Feldman challenges both these assumptions. He argues that the separation of church and state primarily manifests and reinforces Christian domination in American society. Furthermore, Feldman reveals that the separation of church and state did not first arise in the United States. Rather, it has slowly evolved as a political and religious development through western history, beginning with the initial appearance of Christianity as it contentiously separated from Judaism.In tracing the historical roots of the separation of church and state within the Western world, Feldman begins with the Roman Empire and names Augustine as the first political theorist to suggest the idea. Feldman next examines how the roles of church and state variously merged and divided throughout history, during the Crusades, the Italian Renaissance, the Protestant Reformation, the British Civil War and Restoration, the early North American colonies, nineteenth-century America, and up to the present day. In challenging the dominant story of the separation of church and state, Feldman interprets the development of Christian social power vis--vis the state and religious minorities, particularly the prototypical religious outgroup, Jews.

Please Don't Wish Me a Merry Christmas: A Critical History of the Separation of Church and State

Steven Lubet

Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives.
 Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints?
 But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context.
 As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying.
 On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice.
 To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice."

Nothing but the Truth: Why Trial Lawyers Don't, Can't, and Shouldn't Have to Tell the Whole Truth

Ruth Colker

The United States, and the West in general, has always organized society along bipolar lines. We are either gay or straight, male or female, white or not, disabled or not.
 In recent years, however, America seems increasingly aware of those who defy such easy categorization. Yet, rather than being welcomed for the challenges that they offer, people living the gap are often ostracized by all the communities to which they might belong. Bisexuals, for instance, are often blamed for spreading AIDS to the heterosexual community and are regarded with suspicion by gays and lesbians. Interracial couples are rendered invisible through monoracial recordkeeping that confronts them at school, at work, and on official documents. In Hybrid, Ruth Colker argues that our bipolar classification system obscures a genuine understanding of the very nature of subordination. Acknowledging that categorization is crucial and unavoidable in a world of practical problems and day-to-day conflicts, Ruth Colker shows how categories can and must be improved for the good of all.

Hybrid: Bisexuals, Multiracials, and Other Misfits Under American Law

Lisa Kloppenberg

It is one of the unspoken truths of the American judicial system that courts go out of their way to avoid having to decide important and controversial issues. Even the Supreme Court from which the entire nation seeks guidance frequently engages in transparent tactics to avoid difficult, politically sensitive cases.
 The Court's reliance on avoidance has been inconsistent and at times politically motivated. For example, liberal New Deal Justices, responding to the activism of a conservative Court, promoted deference to Congress and the presidency to protect the Court from political pressure. Likewise, as the Warren Court recognized new constitutional rights, conservative judges and critics praised avoidance as a foundational rule of judicial restraint. And as conservative Justices have constituted the majority on the Court in recent years, many liberals and moderates have urged avoidance, for fear of disagreeable verdicts.
 By sharing the stories of litigants who struggled unsuccessfully to raise before the Supreme Court constitutional matters of the utmost importance from the 1970s-1990s, Playing it Safe argues that judges who fail to exercise their power in hard cases in effect abdicate their constitutional responsibility when it is needed most, and in so doing betray their commitment to neutrality. Lisa Kloppenberg demonstrates how the Court often avoids socially sensitive cases, such as those involving racial and ethnic discrimination, gender inequalities, abortion restrictions, sexual orientation discrimination, and environmental abuses. In the process, the Court ducks its responsibility to check the more politically responsive branches of government when "majority rule" pushes the boundaries of constitutional law. The Court has not used these malleable doctrines evenhandedly: it has actively shielded states from liability and national oversight, and aggressively expanded standing requirements to limit the role of federal courts.

Playing it Safe: How the Supreme Court Sidesteps Hard Cases and Stunts the Development of Law

John K Wilson

If we were to rely on what the pundits and politicians tell us, we would have to conclude that America is a deeply conservative nation. Americans, we hear constantly, detest government, demand lower taxes and the end of welfare, and favor the death penalty, prayer in school, and an absolute faith in the free market.
 And yet Americans believe deeply in progressive ideas. In fact, progressivism has long been a powerful force in the American psyche. Consider that a mere generation ago the struggle for environmentally sound policies, for women's rights, and for racial equality were fringe movements. Today, open opposition to these core ideals would be political suicide.
 Drawing on this wellspring of American progressivist tradition, John K. Wilson has penned an informal handbook for the pragmatic progressive. Wilson insists that the left must become more savvy in its rhetoric and stop preaching only to the converted. Progressives need to attack the tangible realities of the corporate welfare state, while explicitly acknowledging that "socialism is," as Wilson writes, "deader than Lenin."
 Rather than attacking a "right-wing conspiracy," Wilson argues that the left needs one, too. Tracing how well-funded conservative pressure groups have wielded their influence and transformed the national agenda, Wilson outlines a similar approach for the left. Along the way, he exposes the faultlines of our poll- and money-driven form of politics, explodes the myth of "the liberal media," and demands that the left explicitly change its image.
 Irreverent, practical, and urgently argued, How The Left Can Win Arguments and Influence People charts a way to translate progressive ideals into reality and reassert the core principles of the American left on the national stage.

How the Left Can Win Arguments and Influence People: A Tactical Manual for Pragmatic Progressives

Richard Delgado

Jean Stefancic

A new edition of a seminal text in Critical Race Theory.
 
Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious.
 
Taking note of all these developments, this fourth edition covers a range of new topics and events, addressing the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history.
 
Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for listeners wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.
 
Critical Race Theory, Fourth Edition is expertly narrated Karen Chilton, acclaimed narrator of The New Jim Crow.This audiobook was produced and published by Echo Point Books & Media, an independent bookseller in Brattleboro, Vermont.

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Critical America - Bogserien

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