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Originally published in 1961, this still timely book illustrates the role of the judiciary in the solution of a social and political problem. It is unequaled in its description of the plight of federal judges who are charged with carrying out the decisions of the Supreme Court against segregation but who are under constant pressure--social, political, and personal--to speak for the white South. Some have been ostracized by their communities as traitors; others have joined their state legislatures and local school boards in developing elaborate delay strategy to circumvent the Supreme Court's decisions. In his introduction to the first edition former Senator Paul H. Douglas wrote: ". . . a clear and comprehensive account of the legal struggles in the federal courts over segregation and desegregation in the public schools of the nation. It gets behind the newspaper headlines and gives a play-by-play account. . . . This book is indeed full proof of the delays and difficulties of the law and the pressures of local public opinion."
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
A Harvard Law School professor examines the impact that Brown v. Board of Education has had on his family, citing historical figures, while revealing how the reforms promised by the case were systematically undermined.
In 'From Jim Crow to Civil Rights', Michael J. Klarman examines the social and political impact of the Supreme Court's decisions involving race relations from Plessy, the Progressive Era and the inter-war period to World Wars I and II, Brown and the Civil Rights Movement.
This is the first book-length study of a federal district court to analyze the revolutionary changes in its mission, structure, policies, and procedures over the past four decades. As Steven Harmon Wilson chronicles the court's attempts to keep pace with an expanding, diversifying caseload, he situates those efforts within the social, cultural, and political expectations that have prompted the increase in judicial seats from four in 1955 to the current nineteen. Federal judges have progressed from being simply referees of legal disputes to managers of expanding courts, dockets, and staffs, says Wilson. The Southern District of Texas offers an especially instructive model by which to study this transformation. Not only does it contain a varied population of Hispanics, African Americans, and whites, but its jurisdiction includes an international border and some of the busiest seaports in the United States. Wilson identifies three areas of judicial management in which the shift has most clearly manifested itself. Through docket and case management judges have attempted to rationalize the flow of work through the litigation process. Lastly, and most controversially, judges have sought to bring "constitutionally flawed" institutions into compliance through "structural reform" rulings in areas such as housing, education, employment, and voting. Wilson draws on sources ranging from judicial biography and oral-history interviews to case files, published opinions, and administrative memoranda. Blending legal history with social science, this important new study ponders the changing meaning of federal judgeship as it shows how judicial management has both helped and hindered the resolution of legal conflicts and the protection of civil rights.
Race, Law and Society draws together some of the very best writing on race and racism from the law and society tradition, yet it is not intended to merely reprint the greatest hits of the past. Instead, from its introduction to its selection of articles, this anthology is designed as a 'how-to manual', a guide for scholars and students seeking templates for their own work in this important but also tricky area. Race, Law and Society pulls together leading exemplars of the sorts of social science scholarship on race, society and law that will be essential to racial progress as the world begins to travel the twenty-first century.
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
On May 17, 1954, in Brown v. Board of Education, the United States Supreme Court ruled that racial segregation in public schools was unconstitutional. When the court failed to specify a clear deadline for implementation of the ruling, southern segregationists seized the opportunity to launch a campaign of massive resistance against the federal government. What were the tactics, the ideology, the strategies, of segregationists? This collection of original essays reveals how the political center in the South collapsed during the 1950s as opposition to the Supreme Court decision intensified. It tracks the ingenious, legal, and often extralegal, means by which white southerners rebelled against the ruling: how white men fell back on masculine pride by ostensibly protecting their wives and daughters from the black menace, how ideals of motherhood were enlisted in the struggle for white purity, and how the words of the Bible were invoked to legitimize white supremacy. Together these essays demonstrate that segregationist ideology, far from a simple assertion of supremacist doctrine, was advanced in ways far more imaginative and nuanced than has previously been assumed.