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Foundations of sand: Federalism, for...
~
Wilson, Rai Imani.
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Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950.
Record Type:
Language materials, printed : Monograph/item
Title/Author:
Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950./
Author:
Wilson, Rai Imani.
Description:
382 p.
Notes:
Adviser: Charles McCurdy.
Contained By:
Dissertation Abstracts International68-11A.
Subject:
History, Black. -
Online resource:
http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3289595
ISBN:
9780549322832
Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950.
Wilson, Rai Imani.
Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950.
- 382 p.
Adviser: Charles McCurdy.
Thesis (Ph.D.)--University of Virginia, 2008.
1The requirement that one file an appeal within a relatively short period of time is one such feature of American law.
ISBN: 9780549322832Subjects--Topical Terms:
1017776
History, Black.
Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950.
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Foundations of sand: Federalism, formalism, and the matter of money in the African-American legal experience, Florida, 1900--1950.
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382 p.
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Adviser: Charles McCurdy.
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Source: Dissertation Abstracts International, Volume: 68-11, Section: A, page: 4842.
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Thesis (Ph.D.)--University of Virginia, 2008.
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1The requirement that one file an appeal within a relatively short period of time is one such feature of American law.
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Historians of the African-American legal experience have been singularly concerned with issues of racism. This is understandable, for slavery, segregation, restrictive covenants, and many other legal mechanisms have often been employed to keep African-Americans on the bottom of the social, economic, and political ladder in the United States.
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Foundations of Sand, however, argues that while racism has been a common source of legal hardship to blacks, it has existed alongside racially-neutral, structural features of the American legal system. Those features---formalism, federalism, and a system of justice that cost money---have been just as active in denying justice to African-Americans in the legal realm.
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A sizable percentage of the African-American community has historically been (a) impoverished; (b) under-educated; and (c) rooted in the South or capital-poor inner cities. This meant that it was often difficult to understand the many formal requirements of the law which do not relate to the equitable merits of a legal case, but have potentially decisive effects on participants' rights.1 It also meant that blacks were subject to having important spheres of legal rights---particularly in the criminal and educational arenas---decided by states or localities which were either racist or poor, and hence unwilling or unable to equitably apportion them public services in the absence of federal involvement. Finally, most African-Americans have been unable to afford private counsel. This means that they were assisted only at the trial level of criminal matters, often by underpaid and overworked defense counsel. They were on their own when looking for justice in civil matters, or in trying to file a post-conviction criminal appeal.
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Foundations of Sand demonstrates the enormous obstacles put in the way of blacks' pursuit of justice by supposedly neutral features of American law. By taking a close look at the messy intersection between life and law in Florida from 1900 to 1950, this dissertation argues that any attempt to achieve legal equity must look far beyond explicitly racial discrimination. Formal adherence to the traditional boundaries of American law will only continue the justified distrust many members of the black community have for the legal system.
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http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=3289595
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