Race, Racism & American Law

This book examines Texas regulations from the Texas Black Codes of 1866, some of the most deceptive regulations in Texas history, to contemporary Texas Child Care Licensing regulations, which perhaps symbolize some of the most audience-friendly contemporary regulations in Texas. The author focuses on the contemporary African-American audience, often categorized as distrustful of government. The book can help public policy students understand the complexities of intercultural communication and negotiation in public policy development and implementation.

Women were once excluded everywhere from the legal profession, but by the 1990s the Virginia Supreme Court had three women among its seven justices. This is just one example of how law in Virginia has been transformed over the past century, as it has across the South and throughout the nation.
In Blue Laws and Black Codes, Peter Wallenstein shows that laws were often changed not through legislative action or constitutional amendment but by citizens taking cases to state and federal courtrooms. Due largely to court rulings, for example, stores in Virginia are no longer required by "blue laws" to close on Sundays.
Particularly notable was the abolition of segregation laws, modified versions of southern states’ "black codes" dating back to the era of slavery and the first years after emancipation. Virginia’s long road to racial equality under the law included the efforts of black civil rights lawyers to end racial discrimination in the public schools, the 1960 Richmond sit-ins, a case against segregated courtrooms, and a court challenge to a law that could imprison or exile an interracial couple for their marriage.
While emphasizing a single state, Blue Laws and Black Codes is framed in regional and national contexts. Regarding blue laws, Virginia resembled most American states. Regarding racial policy, Virginia was distinctly southern. Wallenstein shows how people pushed for changes in the laws under which they live, love, work, vote, study, and shop—in Virginia, the South, and the nation.

Emancipation brought an end to many of the evils of slavery, but it did not do away with involuntary servitude in the South. Even during Reconstruction, state legislatures passed laws that bound laborers to the landowner with a nearly unbreakable tie—which still chains many a rural black to what a 1914 Supreme Court ruling called an "ever-turning wheel of servitude."
Daniel Novak shows how federal, state, and local regulations combined in an undisguised effort to keep southern agriculture supplied with black labor. A freedman who did not immediately enter into a labor contract was subject to arrest as a vagrant. Once a contract was agreed upon, it was a criminal offense for a laborer to fail to carry it out, no matter how unfair the terms might be.
If, as was almost inevitable, the freedman fell into debt to the landowner, he could be kept in service until repayment-and exorbitant interest rates and judicious bookkeeping could often postpone that day indefinitely. Novak traces the sporadic efforts of the federal government to do away with this kind of peonage. In studying the details of the legal basis for peonage in the South, he breaks new ground. The institution has aroused surprisingly little interest in the past; this compelling account should do much to establish that peonage is one of the most severe and widespread violations of civil rights in the nation.

Historical background and consequences of discriminatory laws, regulations, and ordinances issued in the former Confederate State after the Civil War (1865-66).

An online version is also available. See below.