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By the late 19th century, American cities like Chicago and New York were marvels of the industrializing world. The shock urbanization of the previous quarter century, however, brought on a host of environmental problems. Skies were acrid with coal smoke, and streams ran fetid with raw sewage. Disease outbreaks were as common as parks and green space was rare. In response to these hazards, particular groups of urban residents responded to them with a series of activist movements to reform public and private policies and practices, from the 1890s until the end of the 20th century. Those environmental burdens were never felt equally, with the working class, poor, immigrants, and minorities bearing an overwhelming share of the city’s toxic load. By the 1930s, many of the Progressive era reform efforts were finally bearing fruit. Air pollution was regulated, access to clean water improved, and even America’s smallest cities built robust networks of urban parks. But despite this invigoration of the public sphere, after World War II, for many the solution to the challenges of a dense modern city was a private choice: suburbanization. Rather than continue to work to reform and reimagine the city, they chose to leave it, retreating to the verdant (and pollution free) greenfields at the city’s edge. These moves, encouraged and subsidized by local and federal policies, provided healthier environments for the mostly white, middle-class suburbanites, but created a new set of environmental problems for the poor, working-class, and minority residents they left behind. Drained of resources and capital, cities struggled to maintain aging infrastructure and regulate remaining industry and then exacerbated problems with destructive urban renewal and highway construction projects. These remaining urban residents responded with a dynamic series of activist movements that emerged out of the social and community activism of the 1960s and presaged the contemporary environmental justice movement.

Article

Juvenile justice is a technical term that refers to the specific area of law and affiliated institutions, most notably the juvenile court, with jurisdiction over the cases of minors who are accused of being miscreants. Although the idea that the law should treat minors differently from adults predates the American Revolution, juvenile justice itself is a Progressive Era invention. Its institutional legitimacy rests on the power and responsibility of the state to act as a parent (parens patriae) on behalf of those who cannot care for themselves. Since the establishment of the world’s first juvenile court in Chicago in 1899, this American idea of creating separate justice systems for juveniles has spread across the nation and much of the world. For more than a century, American states have used their juvenile justice systems to respond to youth crime and delinquency. Since the 1960s, the US Supreme Court has periodically considered whether juvenile courts must provide the same constitutional due process safeguards as adult criminal courts and whether juveniles prosecuted in the criminal justice system can receive the same sentences as adults, such as the death penalty or life without the possibility of parole.

Article

The decades from the 1890s into the 1920s produced reform movements in the United States that resulted in significant changes to the country’s social, political, cultural, and economic institutions. The impulse for reform emanated from a pervasive sense that the country’s democratic promise was failing. Political corruption seemed endemic at all levels of government. An unregulated capitalist industrial economy exploited workers and threatened to create a serious class divide, especially as the legal system protected the rights of business over labor. Mass urbanization was shifting the country from a rural, agricultural society to an urban, industrial one characterized by poverty, disease, crime, and cultural clash. Rapid technological advancements brought new, and often frightening, changes into daily life that left many people feeling that they had little control over their lives. Movements for socialism, woman suffrage, and rights for African Americans, immigrants, and workers belied the rhetoric of the United States as a just and equal democratic society for all its members. Responding to the challenges presented by these problems, and fearful that without substantial change the country might experience class upheaval, groups of Americans proposed undertaking significant reforms. Underlying all proposed reforms was a desire to bring more justice and equality into a society that seemed increasingly to lack these ideals. Yet there was no agreement among these groups about the exact threat that confronted the nation, the means to resolve problems, or how to implement reforms. Despite this lack of agreement, all so-called Progressive reformers were modernizers. They sought to make the country’s democratic promise a reality by confronting its flaws and seeking solutions. All Progressivisms were seeking a via media, a middle way between relying on older ideas of 19th-century liberal capitalism and the more radical proposals to reform society through either social democracy or socialism. Despite differences among Progressives, the types of Progressivisms put forth, and the successes and failures of Progressivism, this reform era raised into national discourse debates over the nature and meaning of democracy, how and for whom a democratic society should work, and what it meant to be a forward-looking society. It also led to the implementation of an activist state.

Article

Timothy Matovina

The Latino/Latina or Hispanic Catholic presence spans the colonial era, the period of U.S. expansion during the 19th century, and the waves of new immigrants in the 20th and 21st centuries. A long-standing element of Latino Catholic history, the struggle for justice both in church and society, became even more prominent during the 20th century. While Catholics in the thirteen British colonies were a minority in a Protestant land, in Hispanic settlements from Florida to California, Catholicism was the established religion under Spain and, in the Southwest, under Mexico after it won independence in 1821. Spanish subjects founded numerous missions intended to Christianize and Hispanicize native populations. They also established parishes, military chaplaincies, and private chapels to serve the religious needs of Hispanic settlers. From the standpoints of original settlement, societal influence, and institutional presence, the origins of Catholicism in what is now the United States were decidedly Hispanic. The first large group of Hispanic Catholics incorporated into U.S. territories was Mexicans in the Southwest, who, as a common adage puts it, did not cross the border but had the border cross them during U.S. territorial expansion. When military defeat led Mexico’s president to cede nearly half his nation’s territory to the United States in 1848, Mexicans underwent the disestablishment of their Catholic religion along with widespread loss of their lands, economic well-being, political clout, and cultural hegemony. Many continued their traditional expressions of faith, which enabled them to defend their sense of dignity, to collectively respond to the effects of conquest, and to express their own ethnic legitimation. Nascent 19th-century Latino immigration to the United States quickened over the course of the 20th century, expanding the diversification of national-origin groups among Latinos in the United States. Mexican immigration increased substantially after the outbreak of the Mexican Revolution in 1910 and has continued into the 21st century. Significant numbers of Puerto Ricans, Cubans, Dominicans, and Central Americans have also come, along with some South Americans. Each group of Latino newcomers has fostered ministries and church structures that served the needs of their compatriots. Latino Catholic activist efforts range from local initiatives such as establishing Spanish-language masses and prayer groups to broader endeavors such as the recent National Hispanic Pastoral Encuentros of the 1970s and 1980s, major events that enabled Hispanic leaders to articulate their ministerial needs and demands to Catholic bishops and the wider church. Latino Catholics have also been active in social causes such as the plight of farmworkers, immigration, and faith-based community organizing.

Article

Sara C. Fingal

Since the 1960s, Latinxs have played prominent roles in the environmental justice movement and in organizations that have defined their members as Hispanic or Latinx environmentalists. Organizers created their own groups in response to their alienation from predominantly white mainstream environmental movements that focused on wilderness preservation and government conservation policies. Latinx community activists, on the other hand, related social justice and grassroots democracy to struggles over public parks and beaches, clean air, clean water, pesticide exposure, and high environmental risks. In the late 1960s and 1970s, organizations like the United Farm Workers (UFW) consciously connected worker safety to environmentalist and consumer concerns about unregulated pesticides, but the majority of environmental groups ignored issues that affected Latinx communities. Eventually, mainstream environmentalists and federal government agencies responded to calls for diversity with increased attention to environmental justice for communities of color in the late 20th century. In recent years, the National Park Service and the US Forest Service have attempted to engage Latinxs through American Hispanic heritage projects and Spanish-language advertising. Previous calls for environmental justice and the youth of the US Latinx population have made many mainstream environmental organizations aware of the need to engage with people of color, although persistent stereotypes about Latinx disinterest in access to public lands and conservation still linger. Newer organizations have worked to engage community members, young people, and departments in the federal government. Latinxs have been and will continue to be critical actors in conversations about local and global environmental issues. Recognition of an existing environmental ethic among Latinx and Spanish-speaking people in the United States would expand the understanding of conservation and environmentalism in American history.

Article

Urban areas have been the main source of pollution for centuries. The United States is no exception to this more general rule. Pollution of air, water, and soil only multiplied as cities grew in size and complexity; people generated ever more domestic waste and industry continually generated new unwanted byproducts. Periods of pollution intensification—most notably those spurts that came with late 19th-century urban industrialization and the rapid technological innovation and consumer culture of the post-World War II era—spurred social movements and scientific research on the problem, mostly as it pertained to adverse impacts on human health. Technological innovations aimed to eliminate unwanted wastes and more stringent regulations followed. Those technological and political solutions largely failed to keep pace with the increasing volume and diversity of pollutants industrial capitalism introduced into the environment, however, and rarely stopped pollution at its root cause. Instead, they often merely moved pollutants from one “sink”—a repository of pollution—to another (from water to land, for instance) and/or from one place to another (to a city downstream, for instance, or from one urban neighborhood to another). This “end of pipe” approach remained overwhelmingly predominant even as most pollution mitigation policies became nationalized in the 1970s. Prior to that, municipalities and states were primarily responsible for addressing air, water, and land pollution. During this post-World War II period, policy—driven by ecological science—began to exhibit an understanding of urban pollution’s detrimental effects beyond human health. More broadly, evolving scientific understanding of human health and ecosystemic impacts of pollution, new technology, and changing social relations within growing metropolitan areas shifted the public perception of pollution’s harmful impacts. Scientific understanding of how urban and suburban residents risked ill health when exposed to polluted water, air, and soil grew, as did the social understanding of who was most vulnerable to these hazards. From the nation’s founding, the cumulative impact of both urban exposure to pollutants and attempts to curb that exposure has been unequal along lines of race and ethnicity, class, and gender. Despite those consistent inequalities, the 21st-century American city looks little like the 18th-century American city, whether in terms of population size, geographical footprint, demographics, economic activity, or the policies that governed them: all of these factors influenced the very definitions of ideas such as pollution and the urban.

Article

Simon Balto and Max Felker-Kantor

The relationship between policing and crime in American history has been tenuous at best. In fact, policing and crime are imperfectly correlated. Crime is understood as a socially constructed category that varies over time and space. Crime in the American city was produced by the actions of police officers on the street and the laws passed by policymakers that made particular behaviors, often ones associated with minoritized people, into something called “crime.” Police create a statistical narrative about crime through the behaviors and activities they choose to target as “crime.” As a result, policing the American city has functionally reinforced the nation’s dominant racial and gender hierarchies as much as (or more so) than it has served to ensure public safety or reduce crime. Policing and the production of crime in the American city has been broadly shaped by three interrelated historical processes: racism, xenophobia, and capitalism. As part of these processes, policing took many forms across space and time. From origins in the slave patrols in the South, settler colonial campaigns of elimination in the West, and efforts to put down striking workers in the urban North, the police evolved into the modern, professional forces familiar to many Americans in the early 21st century. The police, quite simply, operated to uphold a status quo based on unequal and hierarchical racial, ethnic, and economic orders. Tracing the history of policing and crime from the colonial era to the present demonstrates the ways that policing has evolved through a dialectic of crisis and reform. Moments of protest and unrest routinely exposed the ways policing was corrupt, violent, and brutal, and did little to reduce crime in American cities. In turn, calls for reform produced “new” forms of policing (what was often referred to as professionalization in the early and mid-20th century and community policing in the 21st). But these reforms did not address the fundamental role or power of police in society. Rather, these reforms often expanded it, producing new crises, new protests, and still more “reforms,” in a seemingly endless feedback loop. From the vantage point of the 21st century, this evolution demonstrates the inability of reform or professionalization to address the fundamental role of police in American society. In short, it is a history that demands a rethinking of the relationship between policing and crime, the social function of the police, and how to achieve public safety in American cities.

Article

Rioting in the United States since 1800 has adhered to three basic traditions: regulating communal morality, defending community from outside threats, and protesting government abuse of power. Typically, crowds have had the shared interests of class, group affiliation, geography, or a common enemy. Since American popular disorder has frequently served as communal policing, the state—especially municipal police—has had an important role in facilitating, constraining, or motivating unrest. Rioting in the United States retained strong legitimacy and popular resonance from 1800 to the 1960s. In the decades after the founding, Americans adapted English traditions of restrained mobbing to more diverse, urban conditions. During the 19th century, however, rioting became more violent and ambitious as Americans—especially white men—asserted their right to use violence to police heterogeneous public space. In the 1840s and 1850s, whites combined the lynch mob with the disorderly crowd to create a lethal and effective instrument of white settler sovereignty both in the western territories and in the states. From the 1860s to the 1930s, white communities across the country, particularly in the South, used racial killings and pogroms to seize political power and establish and enforce Jim Crow segregation. Between the 1910s and the 1970s, African Americans and Latinos, increasingly living in cities, rioted to defend their communities against civilian and police violence. The frequency of rioting declined after the urban rebellions of the 1960s, partly due to the militarization of local police. Yet the continued use of aggressive police tactics against racial minorities has contributed to a surge in rioting in US cities in the early 21st century.

Article

Daryl Joji Maeda

The Asian American Movement was a social movement for racial justice, most active during the late 1960s through the mid-1970s, which brought together people of various Asian ancestries in the United States who protested against racism and U.S. neo-imperialism, demanded changes in institutions such as colleges and universities, organized workers, and sought to provide social services such as housing, food, and healthcare to poor people. As one of its signal achievements, the Movement created the category “Asian American,” (coined by historian and activist Yuji Ichioka), which encompasses the multiple Asian ethnic groups who have migrated to the United States. Its founding principle of coalitional politics emphasizes solidarity among Asians of all ethnicities, multiracial solidarity among Asian Americans as well as with African, Latino, and Native Americans in the United States, and transnational solidarity with peoples around the globe impacted by U.S. militarism. The movement participated in solidarity work with other Third World peoples in the United States, including the Third World Liberation Front strikes at San Francisco State College and University of California, Berkeley. The Movement fought for housing rights for poor people in the urban cores of San Francisco, Los Angeles, New York City, Seattle, and Philadelphia; it created arts collectives, published newspapers and magazines, and protested vigorously against the Vietnam War. It also extended to Honolulu, where activists sought to preserve land rights in rural Hawai’i. It contributed to the larger radical movement for power and justice that critiqued capitalism and neo-imperialism, which flourished during the 1960s and 1970s.

Article

The reproductive experiences of women and girls in the 20th-century United States followed historical patterns shaped by the politics of race and class. Laws and policies governing reproduction generally regarded white women as legitimate reproducers and potentially fit mothers and defined women of color as unfit for reproduction and motherhood; regulations provided for rewards and punishments accordingly. In addition, public policy and public rhetoric defined “population control” as the solution to a variety of social and political problems in the United States, including poverty, immigration, the “quality” of the population, environmental degradation, and “overpopulation.” Throughout the century, nonetheless, women, communities of color, and impoverished persons challenged official efforts, at times reducing or even eliminating barriers to reproductive freedom and community survival. Between 1900 and 1930, decades marked by increasing urbanization, industrialization, and immigration, eugenic fears of “race suicide” (concerns that white women were not having enough babies) fueled a reproductive control regime that pressured middle-class white women to reproduce robustly. At the same time, the state enacted anti-immigrant laws, undermined the integrity of Native families, and protected various forms of racial segregation and white supremacy, all of which attacked the reproductive dignity of millions of women. Also in these decades, many African American women escaped the brutal and sexually predatory Jim Crow culture of the South, and middle-class white women gained greater sexual freedom and access to reproductive health care, including contraceptive services. During the Great Depression, the government devised the Aid to Dependent Children program to provide destitute “worthy” white mothers with government aid while often denying such supports to women of color forced to subordinate their motherhood to agricultural and domestic labor. Following World War II, as the Civil Rights movement gathered form, focus, and adherents, and as African American and other women of color claimed their rights to motherhood and social provision, white policymakers railed against “welfare queens” and defined motherhood as a class privilege, suitable only for those who could afford to give their children “advantages.” The state, invoking the “population bomb,” fought to reduce the birth rates of poor women and women of color through sterilization and mandatory contraception, among other strategies. Between 1960 and 1980, white feminists employed the consumerist language of “choice” as part of the campaign for legalized abortion, even as Native, black, Latina, immigrant, and poor women struggled to secure the right to give birth to and raise their children with dignity and safety. The last decades of the 20th century saw severe cuts in social programs designed to aid low-income mothers and their children, cuts to funding for public education and housing, court decisions that dramatically reduced poor women’s access to reproductive health care including abortion, and the emergence of a powerful, often violent, anti-abortion movement. In response, in 1994 a group of women of color activists articulated the theory of reproductive justice, splicing together “social justice” and “reproductive rights.” The resulting Reproductive Justice movement, which would become increasingly influential in the 21st century, defined reproductive health, rights, and justice as human rights due to all persons and articulated what each individual requires to achieve these rights: the right not to have children, the right to have children, and the right to the social, economic, and environmental conditions necessary to raise children in healthy, peaceful, and sustainable households and communities.

Article

Timothy S. Huebner

The Supreme Court of the United States stands at the head of the nation’s judicial system. Created in Article III of the Constitution of 1787 but obscured by the other branches of government during the first few decades of its history, the Court came into its own as a co-equal branch in the early 19th century. Its exercise of judicial review—the power that it claimed to determine the constitutionality of legislative acts—gave the Court a unique status as the final arbiter of the nation’s constitutional conflicts. From the slavery question during the antebellum era to abortion and gay rights in more recent times, the Court has decided cases brought to it by individual litigants, and in doing so has shaped American constitutional and legal development. Composed of unelected justices who serve “during good behavior,” the Court’s rise in stature has not gone uncontested. Throughout the nation’s history, Congress, the president, and organized interest groups have all attempted to influence the Court’s jurisdiction, composition, and decision making. The Court’s prominence reflects Americans’ historically paradoxical attitudes toward the judiciary: they have often been suspicious of the power of unelected judges at the same time that they have relied on independent judicial institutions to resolve their deepest disputes.

Article

Steve Rosswurm

The US Catholic Church was for most of its history—and, in many places, still is—a working-class church. The choice for worship by successive waves of immigrants, from the Irish to the Polish to the Mexican, the Church, once it had created an institutional presence, welcomed “these strangers in a strange land.” These immigrants play a major role in creating and sustaining parishes that served both as a soul-sustaining refuge and, in many cases, a way station to the outside world. James Cardinal Gibbons, having learned from the central role that Irish workers played in the Knights of Labor and protests against the excommunication of the radical New York priest, Edward McGlynn, persuaded the Vatican to take a relatively liberal stance toward the “social question” in the United States. Rerum Novarum, the 1891 papal encyclical, condemned socialism and competitive capitalism, but more significantly asserted the “natural” right of workers to form unions as well as to have a living wage. It was within this religious legitimation of unionism that Irish Catholics came to prominence in the American Federation of Labor, that Monsignor John A. Ryan created a US Catholic social justice intellectual tradition, and that US bishops adopted the 1919 Program for Social Reconstruction. The Catholic labor moment came when the Church, led by the National Catholic Welfare Conference’s Social Action Department, midwestern bishops, and labor priests, not only supported the Congress of Industrial Organizations (CIO), but consistently pushed the New Deal to implement the 1919 program. Philip Murray, the CIO’s Catholic president, led the expulsion of the Communist-led unions when the Communist Party, in the Wallace campaign, threatened both the country and everything the CIO had built. On the one hand, this Catholic labor moment dissolved in an overdetermined mixture of complacency, capitalist growth, and anti-Communism. On the other, a direct line can be traced from California’s labor priests to the Spanish Mission Band to Cesar Chavez and the formation of the United Farm Workers. It took time for the official Church to support the farm workers, but once that happened, it was all in: the support the Church, at all levels, gave them far exceeded anything it had done previously to implement Rerum Novarum.

Article

Domestic work was, until 1940, the largest category of women’s paid labor. Despite the number of women who performed domestic labor for pay, the wages and working conditions were often poor. Workers labored long hours for low pay and were largely left out of state labor regulations. The association of domestic work with women’s traditional household labor, defined as a “labor of love” rather than as real work, and its centrality to southern slavery, have contributed to its low status. As a result, domestic work has long been structured by class, racial, and gendered hierarchies. Nevertheless, domestic workers have time and again done their best to resist these conditions. Although traditional collective bargaining techniques did not always translate to the domestic labor market, workers found various collective and individual methods to insist on higher wages and demand occupational respect, ranging from quitting to “pan-toting” to forming unions.

Article

Legal aid organizations were first created by a variety of private groups during the Civil War to provide legal advice in civil cases to the poor. The growing need for legal aid was deeply connected to industrialization, urbanization, and immigration. A variety of groups created legal aid organizations in response to labor unrest, the increasing number of women in the workforce, the founding of women’s clubs, and the slow and incomplete professionalization of the legal bar. In fact, before women could practice law, or were accepted into the legal profession, a variety of middle-class women’s groups using lay lawyers provided legal aid to poor women. Yet, this rich story of women’s work was later suppressed by leaders of the bar attempting to claim credit for legal aid, assert a monopoly over the practice of law, and professionalize legal assistance. Across time, the largest number of claims brought to legal aid providers involved workers trying to collect wages, domestic relations cases, and landlord tenant issues. Until the 1960s, legal aid organizations were largely financed through private donations and philanthropic organizations. After the 1960s, the federal government provided funding to support legal aid, creating significant controversy among lawyers, legal aid providers, and activists as to what types of cases legal aid organizations could take, what services could be provided, and who was eligible. Unlike in many other countries or in criminal cases, in the United States there is no constitutional right to have free counsel in civil cases. This leaves many poor and working-class people without legal advice or access to justice. Organizations providing free civil legal services to the poor are ubiquitous across the United States. They are so much part of the modern legal landscape that it is surprising that little historical scholarship exists on such organizations. Yet the history of organized legal aid, which began during the Civil War, is a rich story that brings into view a unique range of historical actors including women’s organizations, lawyers, social workers, community organizations, the state and federal government, and the millions of poor clients who over the last century and a half have sought legal assistance. This history of the development of legal aid is also very much a story about gender, race, professionalization, the development of the welfare state, and ultimately its slow dismantlement. In other words, the history of legal aid provides a window into the larger history of the United States while producing its own series of historical tensions, ironies, and contradictions. Although this narrative demonstrates change over time and various ruptures with the past, there are also important continuities in the history of free legal aid. Deceptively simple questions have plagued legal aid for almost a century and have also driven much of the historical scholarship on legal aid. These include: who should provide legal aid services, who should receive free legal aid, what types of cases should legal aid organizations handle, who should fund legal aid, and who benefits from legal aid.

Article

“Working-Class Environmentalism in America” traces working Americans’ efforts to protect the environment from antebellum times to the present. Antebellum topics include African American slaves’ environmental ethos; aesthetic nature appreciation by Lowell, Massachusetts “mill girls” working in New England’s first textile factories; and Boston’s 1840s fight for safe drinking water. Late-19th-century topics include working-class support for creating urban parks, workers’ early efforts to confront urban pollution and the “smoke nuisance,” and the exploration of conservationist ideas and policies by New England small farmers and fishermen in the late 1800s. In the early 20th century, working-class youth, including immigrants and African Americans, participated in the youth camping movement and the Boy Scouts and Girl Scouts of America, while working-class adults and their families, enjoying new automobility and two-day weekends, discovered picnicking, car-camping, and sport hunting and fishing in newly created wilderness preserves. Workers also learned of toxic dangers to workplace safety and health from shocking stories of 1920s New Jersey “radium girls” and tetraethyl lead factory workers, and from 1930s Midwestern miners who went on strike over deadly silicosis. The 1930s United States rediscovered natural resource conservation when the Civilian Conservation Corps (CCC) employed millions of working-class youth. Lumber workers advocated federal regulation of timber harvesting. Postwar America saw the United Auto Workers (UAW), United Steelworkers (USWA), Oil Chemical and Atomic Workers (OCAW), American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and other labor unions lobbying for wilderness and wildlife preservation, workplace and community health, and fighting air and water pollution, while the United Farmworkers (UFW) fought reckless pesticide use, and dissidents within the United Mine Workers (UMW) sought to ban surface coal mining. Radical organizations explored minority community environmentalism and interracial cooperation on environmental reform. Following post-1970s nationwide conservative retrenchment, working-class activists and communities of color fought toxic wastes and explored environmental justice and environmental racism at places like Love Canal, New York and Warren County, North Carolina and formed the Blue-Green Alliance with environmentalists.