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- Sacrifice and Civic Membership: Gender, Race, and Sexuality and the Acquisition of Rights in Troubled Times (3)
- Sexuality (3)
- American political development (2)
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Articles 1 - 6 of 6
Full-Text Articles in Law
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Rights, Race, And Manhood: The Spanish American War And Soldiers’ Quests For First Class American Citizenship, Julie Novkov
Julie Novkov
Unlike the Civil War and Reconstruction, the Spanish American War and the Philippine Resistance were not accompanied by significant rights advances for people of color. Rather, rights continued to flow in retrograde, with increased political and cultural repression. Men of color contributed substantially and formally to the war effort, with companies of black and Filipino soldiers serving in combat and many individual Latinos, Native Americans, and Asian men and male descendants of Asians serving as well. Nonetheless, they were unable to leverage service into successful claims to the rights of manhood. This paper explores these dynamics in the context of …
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov
Julie Novkov
In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Sacrifice And Civic Membership: Who Earns Rights, And When?, Julie Novkov
Julie Novkov
This paper considers two moments that scholars generally agree featured advances for African Americans’ citizenship – the end of the Civil War and Reconstruction, and World War II and its immediate aftermath – and reads these moments through lenses of race and gender. I consider the conjunction of acknowledged sacrifices and contributions to the state, the rights advances achieved, and the gendered and racialized conceptions of citizen service emerging out of both post-war periods. This conjunction suggests that the kind of citizenship that people of color gained during and after wartime crises depended upon gendered and racialized hierarchies that valued …
Legal Archaeology, Julie Novkov
Legal Archaeology, Julie Novkov
Julie Novkov
This paper describes the research approach of legal archaeology. The archaeologist (more akin to Nietzsche’s critical historian), in contrast, does not seek to narrate a smooth and coherent account of change as particular doctrinal developments rose to prominence. Rather, the archaeologist focuses on moments of fissure and rupture, revealing and tracing the myriad alternative legal paths that emerged, came into contention with each other, and ultimately came to dominance, were pruned or reworked, or produced a consensus around their rejection by legal elites. Legal archaeology seeks to account for the underlying tensions and incoherences in the prevalent legal discourse at …
Litigating The Meaning Of Emancipation: Reconstruction And Post Reconstruction Era Dilemmas Of Freed People And Property, Julie Novkov
Litigating The Meaning Of Emancipation: Reconstruction And Post Reconstruction Era Dilemmas Of Freed People And Property, Julie Novkov
Julie Novkov
This article explores how the southern courts managed the policy question of transferring property by bequest in the wake of the Civil War and emancipation. In the years when the infrastructure for Jim Crow was being assembled, many freedmen and freedwomen were able to gain access to property by bequest despite the system’s refusal to endorse broad based land reform. I argue, nonetheless, that these cases carried through a tradition of white patriarchal control of property, rather than heralding the uncertain dawn of a new era of racially egalitarian property rights.
Toward A Legal Genealogy Of Color Blindness, Julie Novkov
Toward A Legal Genealogy Of Color Blindness, Julie Novkov
Julie Novkov
Conservative colorblindness is often understood by legal scholars as a backlash phenomenon that emerged in the post-civil rights era in response to gains by African Americans in the legal and social spheres. Following Reva Siegel's work, this paper pushes the time frame back substantially and traces the origins of conservative colorblindness in legal doctrine to the early 1960s. It describes a discursive struggle that began in the courts and spilled out into the cultural arena, ultimately resulting in the full appropriation of colorblindness by the right.