Why are the black brownstone owners in Harlem and Brooklyn disproportionately West Indian? The landlords, West Indian-American? The tenants African-American? These are tough questions. For students of housing discrimination, West Indian Americans have long presented a quandary. If it is reasonable to assume that racial exclusions are being consistently applied to persons who are dark-skinned, one would expect to find that housing discrimination has had similar effects on West IndianAmericans and African-Americans. Yet this is not the case: West IndianAmericans generally own and rent higher quality housing than AfricanAmericans. Moreover, these advantages began long ago. For example, when racial covenants, that is, restrictions barring racial and ethnic groups from owning real property in particular neighborhoods were rife in New York, they were not consistently applied against West Indians, who were sometimes able to * Eleanor Marie Lawrence Brown, GWIPP Fellow (2013) and Associate Professor of Law (with tenure), George Washington University Law School; J.D., Yale Law School (1999); M.Phil. Politics, Oxford (1997) (Rhodes Scholar). Former Schwartz Fellow, New America Foundation; Former Chairman of the Jamaica Trade Board; Former Reginald Lewis Fellow, Harvard Law School; Former Law Clerk to the Honorable Patricia Wald (ret.), U.S. Court of Appeals for the District of Columbia Circuit; Former Law Clerk to the Honorable Keith Ellison, U.S. District Court for the Southern District of Texas. I have benefited from the Property colloquium at George Mason Law School. Comments received at the Lutie Lytle Conference for Black Female Legal Scholars were particularly helpful. I have also benefited from conversations with or comments from Kendall Thomas, Olati Johnson, Dorothy Roberts, Bernadette Atuahene, Lee Fennell, Guido Calabresi, Frank Upham, Sonya Katyal, Dan Kelly, Paul Butler, Marcella David, Dan Sharfstein, Paulette Caldwell, Mary Dudziak, Nestor Davidson, Ruth Okediji, Jill Hasday, Scott Kieff, Hari Osofsky, Dan Sokol, Camille Gear, Karen Brown, Kevin Johnson, Charles Ogletree, Ken Mack, Steve Legomsky, Beverly Moran, Jim Coleman, Nicole Garnett, Kimani Paul-Emile, Brad Snyder, Devon Carbado, Aubrey Bonnett, Calvin Holder, Eduardo Penalver, Joe Singer, Henry Smith, Richard Brooks, David Martin, Peter Henry, Angela Banks, Angela OnwuachiWillig, Tomiko Brown-Nagin, Audrey McFarlane, Lant Pritchett, Dillon Alleyne, Neville Lewis, Tony Harriott, Richard Bernal, Eric Posner, Sylvia Lazos, Alison Tirres, Deep Gulasekaram, Naomi Cahn, David Fontana, Carol Rose, Robert Ellickson, Claire Priest, Rose Villazor, Wendy Greene, Ernesto Hernandez-Lopez, Renee Lerner, Jackie Ross, Maximo Langer, Kim Lane Scheppele, Eric Claeys, Jerry Davila, Daniel Hamilton, and Bob Cottrol. I am grateful to the librarians and/or archivists at the University of the West Indies. Finally, I am grateful for the aid of my research assistants, Jared Stipelman, Shanellah Verna and Jen
{"title":"Why Black Homeowners are More Likely to be Caribbean American than African American in New York: A Theory of How Early West Indian Migrants Broke Racial Cartels in Housing","authors":"E. Brown","doi":"10.1093/AJLH/NJAA033","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA033","url":null,"abstract":"Why are the black brownstone owners in Harlem and Brooklyn disproportionately West Indian? The landlords, West Indian-American? The tenants African-American? These are tough questions. For students of housing discrimination, West Indian Americans have long presented a quandary. If it is reasonable to assume that racial exclusions are being consistently applied to persons who are dark-skinned, one would expect to find that housing discrimination has had similar effects on West IndianAmericans and African-Americans. Yet this is not the case: West IndianAmericans generally own and rent higher quality housing than AfricanAmericans. Moreover, these advantages began long ago. For example, when racial covenants, that is, restrictions barring racial and ethnic groups from owning real property in particular neighborhoods were rife in New York, they were not consistently applied against West Indians, who were sometimes able to * Eleanor Marie Lawrence Brown, GWIPP Fellow (2013) and Associate Professor of Law (with tenure), George Washington University Law School; J.D., Yale Law School (1999); M.Phil. Politics, Oxford (1997) (Rhodes Scholar). Former Schwartz Fellow, New America Foundation; Former Chairman of the Jamaica Trade Board; Former Reginald Lewis Fellow, Harvard Law School; Former Law Clerk to the Honorable Patricia Wald (ret.), U.S. Court of Appeals for the District of Columbia Circuit; Former Law Clerk to the Honorable Keith Ellison, U.S. District Court for the Southern District of Texas. I have benefited from the Property colloquium at George Mason Law School. Comments received at the Lutie Lytle Conference for Black Female Legal Scholars were particularly helpful. I have also benefited from conversations with or comments from Kendall Thomas, Olati Johnson, Dorothy Roberts, Bernadette Atuahene, Lee Fennell, Guido Calabresi, Frank Upham, Sonya Katyal, Dan Kelly, Paul Butler, Marcella David, Dan Sharfstein, Paulette Caldwell, Mary Dudziak, Nestor Davidson, Ruth Okediji, Jill Hasday, Scott Kieff, Hari Osofsky, Dan Sokol, Camille Gear, Karen Brown, Kevin Johnson, Charles Ogletree, Ken Mack, Steve Legomsky, Beverly Moran, Jim Coleman, Nicole Garnett, Kimani Paul-Emile, Brad Snyder, Devon Carbado, Aubrey Bonnett, Calvin Holder, Eduardo Penalver, Joe Singer, Henry Smith, Richard Brooks, David Martin, Peter Henry, Angela Banks, Angela OnwuachiWillig, Tomiko Brown-Nagin, Audrey McFarlane, Lant Pritchett, Dillon Alleyne, Neville Lewis, Tony Harriott, Richard Bernal, Eric Posner, Sylvia Lazos, Alison Tirres, Deep Gulasekaram, Naomi Cahn, David Fontana, Carol Rose, Robert Ellickson, Claire Priest, Rose Villazor, Wendy Greene, Ernesto Hernandez-Lopez, Renee Lerner, Jackie Ross, Maximo Langer, Kim Lane Scheppele, Eric Claeys, Jerry Davila, Daniel Hamilton, and Bob Cottrol. I am grateful to the librarians and/or archivists at the University of the West Indies. Finally, I am grateful for the aid of my research assistants, Jared Stipelman, Shanellah Verna and Jen","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"30 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82953674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
FrosioGiancarlo, Reconciling Copyright with Cumulative Creativity: The Third Paradigm (Cheltenham, United Kingdom, and Northampton, MA: Edward Elgar, 2018) pp viii and 390. GBP 110.00 (hardback). ISBN 978-1-78811-417-2.
{"title":"Giancarlo Frosio, Reconciling Copyright with Cumulative Creativity: The Third Paradigm Katie Scott, Becoming Property: Art, Theory and Law in Early Modern France Will Slauter, Who Owns the News?: A History of Copyright Derek Miller, Copyright and the Value of Performance 1770-1911 Elena Cooper, Art and Modern Copyright: The Contested Image","authors":"Hector L MacQueen","doi":"10.1093/ajlh/njaa034","DOIUrl":"https://doi.org/10.1093/ajlh/njaa034","url":null,"abstract":"<span>FrosioGiancarlo, <span style=\"font-style:italic;\">Reconciling Copyright with Cumulative Creativity: The Third Paradigm</span> (Cheltenham, United Kingdom, and Northampton, MA: Edward Elgar, 2018) pp viii and 390. GBP 110.00 (hardback). ISBN 978-1-78811-417-2.</span>","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"5 12","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138495170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Erratum to: Radical Histories versus Liberal Histories in Work Injury Law. Nate Holdren, Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era","authors":"Gabriel Winant","doi":"10.1093/ajlh/njab004","DOIUrl":"https://doi.org/10.1093/ajlh/njab004","url":null,"abstract":"","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"693 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76884782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ariela J. Gross and Alejandro de la Fuente, Becoming Free, Becoming Black: Race, Freedom, and Law in Cuba, Virginia, and Louisiana","authors":"Kimberly M. Welch","doi":"10.1093/AJLH/NJAA026","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA026","url":null,"abstract":"","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"70 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85791327","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In many constitutions, constitutional duties appear alongside constitutional rights. However, the history of constitutional duties, unlike the history of constitutional rights, is a neglected topic. This article is a case study of the history of constitutional duties in Israel. The article documents the appearance of duties in Israeli constitutional texts and debates in the 1950s and shows that the interest in duties was connected to the view that a major role of constitutions was to serve as educational, rather than legal, texts. The article then analyzes the decline of the duties discourse in Israel, pointing to the 1960s as the watershed decade in which duties disappeared. Finally, the article discusses a number of possible factors that led to the waning of the notion of constitutional duties, focusing specifically on the juridification of Israeli society. Fluctuations in interest in constitutional duties, the article concludes, are connected to changing understandings of the nature of constitutions, and, more broadly, to shifts in the relative importance of law and lawyers in society.
{"title":"The Rise and Demise of Constitutional Duties in Israel","authors":"Assaf Likhovski","doi":"10.1093/ajlh/njaa029","DOIUrl":"https://doi.org/10.1093/ajlh/njaa029","url":null,"abstract":"In many constitutions, constitutional duties appear alongside constitutional rights. However, the history of constitutional duties, unlike the history of constitutional rights, is a neglected topic. This article is a case study of the history of constitutional duties in Israel. The article documents the appearance of duties in Israeli constitutional texts and debates in the 1950s and shows that the interest in duties was connected to the view that a major role of constitutions was to serve as educational, rather than legal, texts. The article then analyzes the decline of the duties discourse in Israel, pointing to the 1960s as the watershed decade in which duties disappeared. Finally, the article discusses a number of possible factors that led to the waning of the notion of constitutional duties, focusing specifically on the juridification of Israeli society. Fluctuations in interest in constitutional duties, the article concludes, are connected to changing understandings of the nature of constitutions, and, more broadly, to shifts in the relative importance of law and lawyers in society.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"46 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516936","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article studies how the organized Chilean legal profession responded to political repression between the 1920s and the 1950s. The research shows that, threatened by partisan politics, the Chilean Bar Association came to define itself as an “apolitical” and purely professional organization in order to ensure the cohesion of the guild. The elitist and mostly rightwing leadership of the Bar was reluctant to engage publicly in any politically-tainted action, including the defense of the victims of political persecution. Nevertheless, the pressure of its constituency to uphold the principle of professional solidarity forced the Bar to privately intercede in favor of politically persecuted lawyers, including Communist lawyers targeted during the early Cold War years. Still, in order to justify this intervention, both the Bar leadership and the Communist lawyers seeking the Bar’s protection framed their discourse in the narrow framework of the professional rights of lawyers, discarding a broader action in favor of the civil and political rights of the general citizenry. Therefore, in mid-twentieth-century Chile, the impossible project to transcend partisan politics through the discourse of apolitical legal professionalism curtailed rather buttressed the defense of rights and liberties. By exploring the complex relationship between lawyers and politics through the prism of the Chilean Bar Association, this piece contributes to the social and cultural history of lawyers in Latin America, to the broader sociological and historical debates on the relationship between lawyers and political liberalism, and to the history of human rights.
{"title":"The Paradox of Apolitical Professionalism: The Bar Association and Political Repression in Chile, 1920s-1950s","authors":"Marianne González Le Saux","doi":"10.1093/AJLH/NJAA028","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA028","url":null,"abstract":"\u0000 This article studies how the organized Chilean legal profession responded to political repression between the 1920s and the 1950s. The research shows that, threatened by partisan politics, the Chilean Bar Association came to define itself as an “apolitical” and purely professional organization in order to ensure the cohesion of the guild. The elitist and mostly rightwing leadership of the Bar was reluctant to engage publicly in any politically-tainted action, including the defense of the victims of political persecution. Nevertheless, the pressure of its constituency to uphold the principle of professional solidarity forced the Bar to privately intercede in favor of politically persecuted lawyers, including Communist lawyers targeted during the early Cold War years. Still, in order to justify this intervention, both the Bar leadership and the Communist lawyers seeking the Bar’s protection framed their discourse in the narrow framework of the professional rights of lawyers, discarding a broader action in favor of the civil and political rights of the general citizenry. Therefore, in mid-twentieth-century Chile, the impossible project to transcend partisan politics through the discourse of apolitical legal professionalism curtailed rather buttressed the defense of rights and liberties. By exploring the complex relationship between lawyers and politics through the prism of the Chilean Bar Association, this piece contributes to the social and cultural history of lawyers in Latin America, to the broader sociological and historical debates on the relationship between lawyers and political liberalism, and to the history of human rights.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"2017 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86728350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mary Ziegler, Abortion and the Law in America: Roe v. Wade to the Present","authors":"Karissa Haugeberg","doi":"10.1093/AJLH/NJAA018","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA018","url":null,"abstract":"","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"5 1","pages":"582-584"},"PeriodicalIF":0.3,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73347778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Emily Whewell, Law Across Imperial Borders: British Consuls and Colonial Connections on China’s Western Frontiers, 1880–1943","authors":"E. Schluessel","doi":"10.1093/AJLH/NJAA019","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA019","url":null,"abstract":"","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"42 1","pages":"578-580"},"PeriodicalIF":0.3,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76481028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article addresses the correctness of Samuel Moyn’s contention that the inclusion of ‘dignity’ in the Irish Constitution of 1937 reflects a particularistic, sectarian and conservative Catholic viewpoint, rather than (as some other scholars do) seeing the inclusion of ‘dignity’ as the first tentative step towards the instantiation of a universalistic, liberal human rights ethic into the Irish Constitution. For Moyn, ‘dignity’s’ sectarian, political origins in Ireland add weight to his sceptical approach to human rights more generally, given the extent to which human dignity is now seen as underpinning the justification of human rights. In arguing against Moyn’s conclusions, the article provides a detailed re-examination, based on archival research, of the drafting of the Preamble to the Irish Constitution in which the term ‘dignity’ is located, situating it in the intellectual changes in political Catholicism and Irish nationalism at that time. In particular, the article examines for the first time to what extent insights can be gleaned from the contemporaneous translation of ‘dignity’ into the Irish language version of the Constitution, and the significance of the choice of ‘uaisleacht’ in the Irish text. Drawing from this, the article identifies the various different influences that appear to have contributed to the use and meaning of dignity in the Preamble, before returning to consider how far Moyn’s assessments are correct in light of the re-examination of the drafting history.
{"title":"Where Did ‘Human Dignity’ Come from? Drafting the Preamble to the Irish Constitution","authors":"C. McCrudden","doi":"10.1093/AJLH/NJAA023","DOIUrl":"https://doi.org/10.1093/AJLH/NJAA023","url":null,"abstract":"\u0000 This article addresses the correctness of Samuel Moyn’s contention that the inclusion of ‘dignity’ in the Irish Constitution of 1937 reflects a particularistic, sectarian and conservative Catholic viewpoint, rather than (as some other scholars do) seeing the inclusion of ‘dignity’ as the first tentative step towards the instantiation of a universalistic, liberal human rights ethic into the Irish Constitution. For Moyn, ‘dignity’s’ sectarian, political origins in Ireland add weight to his sceptical approach to human rights more generally, given the extent to which human dignity is now seen as underpinning the justification of human rights. In arguing against Moyn’s conclusions, the article provides a detailed re-examination, based on archival research, of the drafting of the Preamble to the Irish Constitution in which the term ‘dignity’ is located, situating it in the intellectual changes in political Catholicism and Irish nationalism at that time. In particular, the article examines for the first time to what extent insights can be gleaned from the contemporaneous translation of ‘dignity’ into the Irish language version of the Constitution, and the significance of the choice of ‘uaisleacht’ in the Irish text. Drawing from this, the article identifies the various different influences that appear to have contributed to the use and meaning of dignity in the Preamble, before returning to consider how far Moyn’s assessments are correct in light of the re-examination of the drafting history.","PeriodicalId":54164,"journal":{"name":"AMERICAN JOURNAL OF LEGAL HISTORY","volume":"114 1","pages":"485-535"},"PeriodicalIF":0.3,"publicationDate":"2021-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76553317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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