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The book tells the story of a highly controversial civil rights case which involved the Alaska salmon industry. That industry is an intense summer operation in mostly remote wilderness. The participants were drawn from a wide range of sources: Natives who had harvested salmon for centuries, Italian, Croatian and Scandinavian fishermen and Asians who historically manned the canning lines. The unskilled cannery work was supplied by a predominantly Filipino controlled union. In the early 1970s young activist members of that union initiated a class action suit against Wards Cove Packing Company contending that minority employees were segregated into separate housing and messing and excluded from better paying jobs. The plaintiff s lost the case at trial to the surprise of many and multiple appeals followed. The Supreme Court in a 5-4 decision, over a bitter dissent, ruled in favor of Wards Cove holding that discrimination had not been proven by either the class of workers or by any single worker. The high courts decision was roundly criticized in the press and academia and Congress attempted to intervene. The executive branch became an advocate, first as a party, and later as a friend of the court but changed sides after an election. The case tested the boundary of separation of powers but ultimately the Supreme Court found a way to insulate its decisional process from Congressional interference. There has been a lingering misunderstanding of the case in the media. It has been recently re-enacted as a denial of justice and it has been described by some academics as the death knell of the civil rights movement. This book explains how the plaintiff s lost the main event at trial and how multiple appeals heard by 27 judges did not change the facts as found by the trial court as to what actually happened.
“[A] learned and thoughtful portrayal of the history of race relations in America...authoritative and highly readable...[An] impressive work.” —Randall Kennedy, The Nation “This comprehensive history...reminds us that the fight for justice requires our constant vigilance.” —Ibram X. Kendi “Remarkable for the breadth and depth of its historical and legal analysis...makes an invaluable contribution to our understanding of the US Supreme Court’s role in America’s difficult racial history.” —Tomiko Brown-Nagin, author of Civil Rights Queen: Constance Baker Motley and the Struggle for Equality From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, Orville Vernon Burton and Armand Derfner shine a powerful light on the Supreme Court’s race record—uplifting, distressing, and even disgraceful. Justice Deferred is the first book that comprehensively charts the Supreme Court’s race jurisprudence, detailing the development of legal and constitutional doctrine, the justices’ reasoning, and the impact of individual rulings. In addressing such issues as the changing interpretations of the Reconstruction amendments, Japanese internment in World War II, the exclusion of Mexican Americans from juries, and affirmative action, the authors bring doctrine to life by introducing the people and events at the heart of the story of race in the United States. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history reminds us, the justices still have the power to make good on the country’s promise of equal rights for all.
Sept. 10 - Oct. 13, 1991.
Includes history of bills and resolutions.
Discover the first law textbook to provide a comprehensive examination of the Supreme Court's institutional commitment to equality over a time span of more than 190 years. Filling the void of literature in this area, this long-awaited volume incorporates information from the disciplines of law, political science, and history to provide the student with a thorough analysis of race and law from the perspective of politically disadvantaged groups. Carefully selected cases stimulate classroom discussion and at the same time cultivate competence in reading actual Supreme Court rulings. Accessible and flexible, this textbook affords professors and instructors an opportunity to pick and choose from the essays and cases for each historical period. The authors instill in students a deeper appreciation of the multicultural component of ongoing struggles for equality within the American context. Written specifically for undergraduate, graduate, and law school courses that emphasize civil rights/race and the law, The Supreme Court, Race, and Civil Rights stands alone as an outstanding textbook.