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to adults who have not completed high school. See U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Findings from the 2000 National Household Survey on Drug Abuse (Rockville, MD: 2001). Adults who have not completed high school are disproportionately African American.

52 Devah Pager, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration (University of Chicago Press, 2007), 90-91, 146-47.

53 John Edgar Wideman, “Doing Time, Marking Race,” The Nation, Oct. 30, 1995.

54 See Julia Cass and Connie Curry, America’s Cradle to Prison Pipeline (New York: Children’s Defense Fund, 2007).

55 James Forman Jr., “Children, Cops and Citizenship: Why Conservatives Should Oppose Racial Profiling,” in Invisible Punishment, ed. Mauer and Lind, 159.

56 Wideman, “Doing Time, Marking Race.”

57 See discussion of stigma in chapter 4.

58 See, e.g., Charles Ogletree and Austin Sarat, eds., From Lynch Mobs to the Killing State: Race and the Death Penalty in America (New York: New York University Press, 2006); and Joy James, The New Abolitionists: (Neo) Slave Narratives and Contemporary Prison Writings (New York: State University of New York Press, 2005).

59 See discussion of polling data in chapter 3.

60 Glenn C. Loury, The Anatomy of Racial Inequality (Cambridge, MA: Harvard University Press, 2003), 82.

61 Ibid., 82-83.

62 Craig Reinarman, “The Crack Attack: America’s Latest Drug Scare, 1986- 1992” in Images of Issues: Typifying Contemporary Social Problems (New York: Aldine De Gruyter, 1995), 162.

63 Marc Mauer, Race to Incarcerate, rev. ed. (New York: The New Press, 2006), 150.

64 Ibid., 151

65 Ibid.

66 See Musto, American Disease, 4, 7, 43-44, 219-20; and Doris Marie Provine, Unequal Under Law, 37-90

67 Eric Schlosser, “Reefer Madness,” Atlantic Monthly, Aug. 1994, 49.

68 Mauer, Race to Incarcerate, 149.

69 The most compelling version of this argument has been made by Randall Kennedy in Race, Crime and the Law (New York: Vintage Books, 1997).

70 Tracy Meares, “Charting Race and Class Differences in Attitudes Toward Drug Legalization and Law Enforcement: Lessons for Federal Criminal Law,” 1 Buffalo Criminal Law Review 1 (1997): 137; Stephen Bennett and Alfred Tuchfarber, “The Social Structural Sources of Cleavage on Law and Order Policies,” American Journal of Political Science 19 (1975): 419-38; and Sandra Browning and Ligun Cao, “The Impact of Race on Criminal Justice Ideology,” Justice Quarterly 9 (Dec. 1992): 685-99.

71 Meares, “Charting Race and Class Differences,” 157.

72 Glenn Loury, “Listen to the Black Community,” Public Interest, Sept. 22, 1994, 35.

73 Meares, “Charting Race and Class Differences,” 160-61.

74 See William Julius Wilson, When Work Disappears: The World of the New Urban Poor (New York: Vintage Books, 1997), 22, citing Delbert Elliott study.

75 Glenn C. Loury, Race, Incarceration and American Values (Cambridge, MA: MIT Press, 2008), 81, commentary by Tommie Shelby.

76 See Troy Duster, “Pattern, Purpose, and Race in the Drug War: The Crisis of Credibility in Criminal Justice,” in Crack in America: Demon Drugs and Social Justice , ed. Craig Reinarman and Harry G. Levine (Berkeley: University of California Press, 1997).

77 Loïc Wacquant, “From Slavery to Mass Incarceration,” 53.

78 john a. powell, Executive Director of the Kirwan Institute for the Study of Race and Ethnicity, personal communication, Jan. 2007.

Chapter 6: The Fire This Time

1 Salim Muwakkil, “Jena and the Post-Civil Rights Fallacy,” In These Times, Oct. 16, 2007.

2 Democracy Now, “Rev. Al Sharpton: Jena Marks ‘Beginning of a 21st Century Rights Movement,’” Sept. 21, 2007, www.democracynow.org/shows/2007/9/21.

3 See Derrick Bell, “Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation,” Yale Law Journal 85 (1976): 470.

4 Lani Guinier, Lift Every Voice (New York: Simon & Shuster, 1998), 220-21.

5 Ibid., 222.

6 See Michael Klarman, “The Racial Origins of Modern Criminal Procedure,” Michigan Law Review 99 (2000):