Mark S. Weiner
Encyclopedia
Mark S. Weiner is a professor
of law at Rutgers University
School of Law - Newark
. He teaches constitutional law
, professional responsibility and legal history.
Professor Weiner received his A.B. from Stanford University
, where he graduated with Honors and Distinction and was elected to Phi Beta Kappa. He holds a J.D. from Yale Law School
and a Ph.D. in American Studies from Yale University
, where he was awarded a Jacob K. Javits
Fellowship from the United States Department of Education
, a Samuel I. Golieb Fellowship in Legal History from New York University School of Law
, and a dissertation fellowship from the Whiting Foundation. In 2009 he was a Fulbright Scholar at the University of Akureyri
, Iceland.
He is the author of Black Trials: Citizenship From the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), which has been selected a 2005 Silver Gavel Award winner by the American Bar Association. Professor Weiner also received a year-long fellowship from the National Endowment for the Humanities
for Black Trials. His book Americans without Law: The Racial Boundaries of Citizenship (New York University Press, 2006) was awarded the President's Book Award from the Social Science History Association (see juridical racialism). Other publications include New Biographical Evidence on Somerset's Case, in Slavery & Abolition (2002).
Weiner is the son of psychologist Bernard Weiner
and the godson of the photographer Stuart Klipper
.
is a civic rhetoric or discourse through which the racial boundaries of civic life are defined based on the perceived capacity of minority groups for specific forms of legal behavior
.
The concept of juridical racialism is meant to explain the phenomena of race being used as the primary factor in determining equality under the law, rather than class, gender, or age. The notion of race as being the chief consideration in disputes can be traced from areas such as the Civil War
to the jurisprudence of judges in notable court cases.
Perhaps the first prominent usages of juridical racialism occurred immediately after the Civil War
in a time named by President Ulysses S Grant the "assimilationist era". During this time, the federal government
attempted to force Native Americans
to adopt Euro-American styles of living. Under the Dawes Act
passed during this era, the United States
was given the power to totally alter the property
regimes of scores of individual societies.
Juridical racialism manifested itself in the case of the Native American, Crow Dog (Ex Parte Crow Dog
). In 1881, shaman Crow Dog, who opposed the United States' involvement in Indian affairs, killed a fellow Native American, Spotted Tail, during a dispute. In accordance with current laws, Crow Dog was dealt with under Sioux
tribal law, however the Bureau of Indian Affairs
used the incident to test the federal government's jurisdiction in Native American lands. After Crow Dog was brought to trial, it was the opinion of the Supreme Court that he should be set free. However, the decision was not due to the sovereignty of the tribe but rather the ambiguous nature of the statute in question. According to Justice Thomas Stanley Matthews
, the language used to in the Act was awkward because it invoked the term "orderly government" which had to be read in the context of clear ethno-legal differences between Euro-Americans and Native Americans.
http://legalhistoryblog.blogspot.com/search/label/Iceland
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
of law at Rutgers University
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...
School of Law - Newark
Newark, New Jersey
Newark is the largest city in the American state of New Jersey, and the seat of Essex County. As of the 2010 United States Census, Newark had a population of 277,140, maintaining its status as the largest municipality in New Jersey. It is the 68th largest city in the U.S...
. He teaches constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, professional responsibility and legal history.
Professor Weiner received his A.B. from Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
, where he graduated with Honors and Distinction and was elected to Phi Beta Kappa. He holds a J.D. from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
and a Ph.D. in American Studies from Yale University
Yale University
Yale University is a private, Ivy League university located in New Haven, Connecticut, United States. Founded in 1701 in the Colony of Connecticut, the university is the third-oldest institution of higher education in the United States...
, where he was awarded a Jacob K. Javits
Jacob K. Javits
Jacob Koppel "Jack" Javits was a politician who served as United States Senator from New York from 1957 to 1981. A liberal Republican, he was originally allied with Governor Nelson Rockefeller, fellow U.S...
Fellowship from the United States Department of Education
United States Department of Education
The United States Department of Education, also referred to as ED or the ED for Education Department, is a Cabinet-level department of the United States government...
, a Samuel I. Golieb Fellowship in Legal History from New York University School of Law
New York University School of Law
The New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
, and a dissertation fellowship from the Whiting Foundation. In 2009 he was a Fulbright Scholar at the University of Akureyri
Akureyri
Akureyri is a town in northern Iceland. It is Iceland's second largest urban area and fourth largest municipality ....
, Iceland.
He is the author of Black Trials: Citizenship From the Beginnings of Slavery to the End of Caste (Alfred A. Knopf, 2004), which has been selected a 2005 Silver Gavel Award winner by the American Bar Association. Professor Weiner also received a year-long fellowship from the National Endowment for the Humanities
National Endowment for the Humanities
The National Endowment for the Humanities is an independent federal agency of the United States established by the National Foundation on the Arts and the Humanities Act of 1965 dedicated to supporting research, education, preservation, and public programs in the humanities. The NEH is located at...
for Black Trials. His book Americans without Law: The Racial Boundaries of Citizenship (New York University Press, 2006) was awarded the President's Book Award from the Social Science History Association (see juridical racialism). Other publications include New Biographical Evidence on Somerset's Case, in Slavery & Abolition (2002).
Weiner is the son of psychologist Bernard Weiner
Bernard Weiner
Bernard Weiner is a cognitive psychologist who is known for developing a form of attribution theory that explains the emotional and motivational entailments of academic success and failure. Bernard Weiner got interested in the field of attribution after first studying achievement motivation...
and the godson of the photographer Stuart Klipper
Stuart Klipper
'Photographer Stuart Klipper, was born in the Bronx borough of New York City in 1941. He lived in Stockholm, Sweden, but then moved to his current residence in Minneapolis, Minnesota in 1970....
.
Juridical racialism
"Juridical racialism" is a term coined by Weiner in his book Americans Without Law: The Racial Boundaries of Citizenship. Juridical racialismRacialism
Racialism is an emphasis on race or racial considerations. Currently, racialism entails a belief in the existence and significance of racial categories, but not necessarily that any absolute hierarchy between the races has been demonstrated by a rigorous and comprehensive scientific process...
is a civic rhetoric or discourse through which the racial boundaries of civic life are defined based on the perceived capacity of minority groups for specific forms of legal behavior
Legal behavior
In sociology, legal behavior refers to variations in the methods and degree of governmental social control of behavior.-Background:In 1976, theoretical sociologist Donald Black introduced a general sociological theory of law in his book The Behavior of Law. The theory exemplified Black's...
.
The concept of juridical racialism is meant to explain the phenomena of race being used as the primary factor in determining equality under the law, rather than class, gender, or age. The notion of race as being the chief consideration in disputes can be traced from areas such as the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
to the jurisprudence of judges in notable court cases.
Perhaps the first prominent usages of juridical racialism occurred immediately after the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
in a time named by President Ulysses S Grant the "assimilationist era". During this time, the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
attempted to force Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
to adopt Euro-American styles of living. Under the Dawes Act
Dawes Act
The Dawes Act, adopted by Congress in 1887, authorized the President of the United States to survey Indian tribal land and divide the land into allotments for individual Indians. The Act was named for its sponsor, Senator Henry L. Dawes of Massachusetts. The Dawes Act was amended in 1891 and again...
passed during this era, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was given the power to totally alter the property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
regimes of scores of individual societies.
Juridical racialism manifested itself in the case of the Native American, Crow Dog (Ex Parte Crow Dog
Ex parte Crow Dog
Ex parte Crow Dog, 109 U.S. 556 , was a case in which the Supreme Court of the United States held that a federal court did not have jurisdiction to try Crow Dog, a Native American who killed another Indian on the reservation when the offense had been tried by the tribal council...
). In 1881, shaman Crow Dog, who opposed the United States' involvement in Indian affairs, killed a fellow Native American, Spotted Tail, during a dispute. In accordance with current laws, Crow Dog was dealt with under Sioux
Sioux
The Sioux are Native American and First Nations people in North America. The term can refer to any ethnic group within the Great Sioux Nation or any of the nation's many language dialects...
tribal law, however the Bureau of Indian Affairs
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
used the incident to test the federal government's jurisdiction in Native American lands. After Crow Dog was brought to trial, it was the opinion of the Supreme Court that he should be set free. However, the decision was not due to the sovereignty of the tribe but rather the ambiguous nature of the statute in question. According to Justice Thomas Stanley Matthews
Thomas Stanley Matthews
Thomas Stanley Matthews , known as Stanley Matthews, was an Associate Justice of the United States Supreme Court, serving from May 1881 to his death in 1889. Matthews was the Court's 46th justice...
, the language used to in the Act was awkward because it invoked the term "orderly government" which had to be read in the context of clear ethno-legal differences between Euro-Americans and Native Americans.
Works
- Weiner, Mark. Americans Without Law: The Racial Boundaries of Citizenship. New York University Press, New York City, NY. (ISBN 0814793649)
- Black Trials: Citizenship from the Beginnings of Slavery to the End of Caste. Alfred A. Knopf, New York City, NY. ISBN 978-0-375-40981-3 (0-375-40981-5)
http://legalhistoryblog.blogspot.com/search/label/Iceland