Brown v. Board of Education


Book Description

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?




Cases on International Law


Book Description




The Dred Scott Case


Book Description

Winner of the Pulitzer Prize in 1979, The Dred Scott Case is a masterful examination of the most famous example of judicial failure--the case referred to as "the most frequently overturned decision in history."On March 6, 1857, Chief Justice Roger B. Taney delivered the Supreme Court's decision against Dred Scott, a slave who maintained he had been emancipated as a result of having lived with his master in the free state of Illinois and in federal territory where slavery was forbidden by the Missouri Compromise. The decision did much more than resolve the fate of an elderly black man and his family: Dred Scott v. Sanford was the first instance in which the Supreme Court invalidated a major piece of federal legislation. The decision declared that Congress had no power to prohibit slavery in the federal territories, thereby striking a severe blow at the the legitimacy of the emerging Republican party and intensifying the sectional conflict over slavery.This book represents a skillful review of the issues before America on the eve of the Civil War. The first third of the book deals directly with the with the case itself and the Court's decision, while the remainder puts the legal and judicial question of slavery into the broadest possible American context. Fehrenbacher discusses the legal bases of slavery, the debate over the Constitution, and the dispute over slavery and continental expansion. He also considers the immediate and long-range consequences of the decision.




Prudence Crandall's Legacy


Book Description

The “compelling and lively” story of a pioneering abolitionist schoolteacher and her far-reaching influence on civil rights and American law (Richard S. Newman, author of Freedom’s Prophet). When Prudence Crandall, a Canterbury, Connecticut schoolteacher, accepted a black woman as a student, she unleashed a storm of controversy that catapulted her to national notoriety, and drew the attention of the most significant pro- and anti-slavery activists of the early nineteenth century. The Connecticut state legislature passed its infamous Black Law in an attempt to close down her school. Crandall was arrested and jailed—but her legal legacy had a lasting impact. Crandall v. State was the first full-throated civil rights case in U.S. history. The arguments by attorneys in Crandall played a role in two of the most fateful Supreme Court decisions, Dred Scott v. Sandford, and the landmark case of Brown v. Board of Education. In this book, author and lawyer Donald E. Williams Jr. marshals a wealth of detail concerning the life and work of Prudence Crandall, her unique role in the fight for civil rights, and her influence on legal arguments for equality in America that, in the words of Brown v. Board attorney Jack Greenberg, “serves to remind us once more about how close in time America is to the darkest days of our history.” “The book offers substantive and well-rounded portraits of abolitionists, colonizationists, and opponents of black equality―portraits that really dig beneath the surface to explain the individuals’ motivations, weaknesses, politics, and life paths.” ―The New England Quarterly “Taking readers from Connecticut schoolrooms to the highest court in the land, [Williams] gives us heroes and villains, triumph and tragedy, equity and injustice on the rough road to full freedom.” —Richard S. Newman, author of Freedom’s Prophet




The Oxford Guide to United States Supreme Court Decisions


Book Description

In Democracy in America, De Tocqueville observed that there is hardly a political question in the United States which does not sooner or later turn into a judicial one. Two hundred years of American history have certainly borne out the truth of this remark. Whether a controversy is political,economic, or social, whether it focuses on child labor, slavery, prayer in public schools, war powers, busing, abortion, business monopolies, or capital punishment, eventually the battle is taken to court. And the ultimate venue for these vital struggles is the Supreme Court. Indeed, the SupremeCourt is a prism through which the entire life of our nation is magnified and illuminated, and through which we have defined ourselves as a people. Now, in The Oxford Companion to the Supreme Court of the United States, readers have a rich source of information about one of the central institutions of American life. Everything one would want to know about the Supreme Court is here, in more than a thousand alphabetically arranged entries.There are biographies of every justice who ever sat on the Supreme Court (with pictures of each) as well as entries on rejected nominees and prominent judges (such as Learned Hand), on presidents who had an important impact on--or conflict with--the Court (including Thomas Jefferson, AbrahamLincoln, and Franklin Delano Roosevelt), and on other influential figures (from Alexander Hamilton to Cass Gilbert, the architect of the Supreme Court Building). More than four hundred entries examine every major case that the court has decided, from Marbury v. Madison (which established the Court'spower to declare federal laws unconstitutional) and Scott v. Sandford (the Dred Scott Case) to Brown v. Board of Education and Roe v. Wade. In addition, there are extended essays on the major issues that have confronted the Court (from slavery to national security, capital punishment to religion,from affirmative action to the Vietnam War), entries on judicial matters and legal terms (ranging from judicial review and separation of powers to amicus brief and habeas corpus), articles on all Amendments to the Constitution, and an extensive, four-part history of the Court. And as in all OxfordCompanions, the contributors combine scholarship with engaging insight, giving us a sense of the personality and the inner workings of the Court. They examine everything from the wanderings of the Supreme Court (the first session was held on the second floor of the Royal Exchange Building in NewYork City, and the Court at times has met in a Congressional committee room, a tavern, a rented house, and finally, in 1935, its own building), to the Jackson-Black Feud and the clouded resignation of Abe Fortas, to the Supreme Court's press room and the paintings and sculptures adorning the SupremeCourt building. The decisions of the Supreme Court have touched--and will continue to influence--every corner of American society. A comprehensive, authoritative guide to the Supreme Court, this volume is an essential reference source for everyone interested in the workings of this vital institution and inthe multitude of issues it has confronted over the course of its history.




Linda Brown, You Are Not Alone


Book Description

When the Supreme Court decision to desegregate public schools was handed down in 1954, the course of American history was forever changed. Here are personal reflections, stories, and poems from ten of today's most accomplished writers for children, all young people themselves at the time of the Brown v. Board of Education decision. Included are Michael Cart, Jean Craighead George, Eloise Greenfield, Lois Lowry, Katherine Paterson, Ishmael Reed, Jerry Spinelli, Quincy Troupe, Joyce Carol Thomas, and Leona Nicholas Welch. With a compelling introduction by editor Joyce Carol Thomas and stunning pastel artwork by Curtis E. James, this collection celebrates the hard-earned promise of equality in education.




The Dred Scott Case


Book Description

The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.




The Brethren


Book Description

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices—maneuvering, arguing, politicking, compromising, and making decisions that affect every major area of American life.




Contempt and Pity


Book Description

For over a century, the idea that African Americans are psychologically damaged has played an important role in discussions of race. In this provocative work, Daryl Michael Scott argues that damage imagery has been the product of liberals and conservatives, of racists and antiracists. While racial conservatives, often playing on white contempt for blacks, have sought to use findings of black pathology to justify exclusionary policies, racial liberals have used damage imagery primarily to promote policies of inclusion and rehabilitation. In advancing his argument, Scott challenges some long-held beliefs about the history of damage imagery. He rediscovers the liberal impulses behind Stanley Elkins's Sambo hypothesis and Daniel Patrick Moynihan's Negro Family and exposes the damage imagery in the work of Ralph Ellison, the leading anti-pathologist. He also corrects the view that the Chicago School depicted blacks as pathological products of matriarchy. New Negro experts such as Charles Johnson and E. Franklin Frazier, he says, disdained sympathy-seeking and refrained from exploring individual pathology. Scott's reassessment of social science sheds new light on Brown v. Board of Education, revealing how experts reversed four decades of theory in order to represent segregation as inherently damaging to blacks. In this controversial work, Scott warns the Left of the dangers in their recent rediscovery of damage imagery in an age of conservative reform.




The Third Degree


Book Description

If you've ever seen an episode of Law and Order, you can probably recite your Miranda rights by heart. But you likely don't know that these rights had their roots in the case of a young Chinese man accused of murdering three diplomats in Washington DC in 1919. A frantic search for clues and dogged interrogations by gumshoes erupted in sensational news and editorial coverage and intensified international pressure on the police to crack the case. Part murder mystery, part courtroom drama, and part landmark legal case, The Third Degree is the true story of a young man's abuse by the Washington police and an arduous, seven-year journey through the legal system that drew in Warren G. Harding, William Howard Taft, Oliver Wendell Holmes, John W. Davis, and J. Edgar Hoover. The ordeal culminated in a sweeping Supreme Court ruling penned by Justice Louis Brandeis that set the stage for the Miranda warning many years later. Scott D. Seligman argues that the importance of the case hinges not on the defendant's guilt or innocence but on the imperative that a system that presumes one is innocent until proven guilty provides protections against coerced confessions. Today, when the treatment of suspects between arrest and trial remains controversial, when bias against immigrants and minorities in law enforcement continues to deny them their rights, and when protecting individuals from compulsory self-incrimination is still an uphill battle, this century-old legal spellbinder is a cautionary tale that reminds us how we got where we are today and makes us wonder how far we have yet to go.