Color Blind Justice


Book Description

Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourgée's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourgée's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourgée's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourgée and the principles to which he dedicated his life.




Color Blind Justice


Book Description

Civil War officer, Reconstruction "carpetbagger," best-selling novelist, and relentless champion of equal rights--Albion Tourgée battled his entire life for racial justice. Now, in this engaging biography, Mark Elliott offers an insightful portrait of a fearless lawyer, jurist, and writer, who fought for equality long after most Americans had abandoned the ideals of Reconstruction. Elliott provides a fascinating account of Tourgée's life, from his childhood in the Western Reserve region of Ohio (then a hotbed of abolitionism), to his years as a North Carolina judge during Reconstruction, to his memorable role as lead plaintiff's counsel in the landmark Supreme Court case Plessy v. Ferguson. Tourgée's brief coined the phrase that justice should be "color-blind," and his career was one long campaign to make good on that belief. A redoubtable lawyer and an accomplished jurist, Tourgée's writings represent a mountain of dissent against the prevailing tide of racial oppression. A poignant and inspiring study in courage and conviction, Color-Blind Justice offers us an unforgettable portrayal of Albion Tourgée and the principles to which he dedicated his life.




The Great Dissenter


Book Description

The story of an American hero who stood against all the forces of Gilded Age America to help enshrine our civil rights and economic freedoms. Dissent. No one wielded this power more aggressively than John Marshall Harlan, a young union veteran from Kentucky who served on the US Supreme Court from the end of the Civil War through the Gilded Age. In the long test of time, this lone dissenter was proven right in case after case. They say history is written by the victors, but that is not Harlan's legacy: his views--not those of his fellow justices--ulitmately ended segregation and helped give us our civil rights and our economic freedoms. Derided by many as a loner and loser, he ended up being acclaimed as the nation's most courageous jurist, a man who saw the truth and justice that eluded his contemporaries. "Our Constitution is color blind and neither knows nor tolerates classes among citizens," he wrote in his famous dissent in Plessy v. Ferguson, one of many cases in which he lambasted his colleagues for denying the rights of African Americans. When the court struck down antitrust laws, Harlan called out the majority for favoring its own economic class. He did the same when the justices robbed states of their power to regulate the hours of workers and shielded the rich from the income tax. When other justices said the court was powerless to prevent racial violence, he took matters into his own hands: he made sure the Chattanooga officials who enabled a shocking lynching on a bridge over the Tennessee River were brought to justice. In this monumental biography, prize-winning journalist and bestselling author Peter S. Canellos chronicles the often tortuous and inspiring process through which Supreme Courts can make and remake the law across generations. But he also shows how the courage and outlook of one man can make all the difference. Why did Harlan see things differently? Because his life was different, He grew up alongside Robert Harlan, whom many believed to be his half brother. Born enslaved, Robert Harlan bought his freedom and became a horseracing pioneer and a force in the Republican Party. It was Robert who helped put John on the Supreme Court. At a time when many justices journey from the classroom to the bench with few stops in real life, the career of John Marshall Harlan is an illustration of the importance of personal experience in the law. And Harlan's story is also a testament to the vital necessity of dissent--and of how a flame lit in one era can light the world in another. --




Spectacular Wickedness


Book Description

From 1897 to 1917 the red-light district of Storyville commercialized and even thrived on New Orleans's longstanding reputation for sin and sexual excess. This notorious neighborhood, located just outside of the French Quarter, hosted a diverse cast of characters who reflected the cultural milieu and complex social structure of turn-of-the-century New Orleans, a city infamous for both prostitution and interracial intimacy. In particular, Lulu White -- a mixed-race prostitute and madam -- created an image of herself and marketed it profitably to sell sex with light-skinned women to white men of means. In Spectacular Wickedness, Emily Epstein Landau examines the social history of this famed district within the cultural context of developing racial, sexual, and gender ideologies and practices. Storyville's founding was envisioned as a reform measure, an effort by the city's business elite to curb and contain prostitution -- namely, to segregate it. In 1890, the Louisiana legislature passed the Separate Car Act, which, when challenged by New Orleans's Creoles of color, led to the landmark Plessy v. Ferguson decision in 1896, constitutionally sanctioning the enactment of "separate but equal" laws. The concurrent partitioning of both prostitutes and blacks worked only to reinforce Storyville's libidinous license and turned sex across the color line into a more lucrative commodity. By looking at prostitution through the lens of patriarchy and demonstrating how gendered racial ideologies proved crucial to the remaking of southern society in the aftermath of the Civil War, Landau reveals how Storyville's salacious and eccentric subculture played a significant role in the way New Orleans constructed itself during the New South era.




For Discrimination


Book Description

The definitive reckoning with one of America’s most explosively contentious and divisive issues—from “one of our most important and perceptive writers on race and the law.... The mere fact that he wrote this book is all the justification necessary for reading it.”—The Washington Post What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy gives us a concise and deeply personal overview of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations.




Reimagining the Republic


Book Description

Albion W. Tourgée (1838–1905) was a major force for social, legal, and literary transformation in the second half of the nineteenth century. Best known for his Reconstruction novels A Fool’s Errand (1879) and Bricks without Straw (1880), and for his key role in the civil rights case Plessy v. Ferguson (1896), challenging Louisiana’s law segregating railroad cars, Tourgée published more than a dozen novels and a volume of short stories, as well as nonfiction works of history, law, and politics. This volume is the first collection focused on Tourgée’s literary work and intends to establish his reputation as one of the great writers of fiction about the Reconstruction era arguably the greatest for the wide historical and geographical sweep of his novels and his ability to work with multiple points of view. As a white novelist interested in the rights of African Americans, Tourgée was committed to developing not a single Black perspective but multiple Black perspectives, sometimes even in conflict. The challenge was to do justice to those perspectives in the larger context of the story he wanted to tell about a multiracial America. The seventeen essays in this volume are grouped around three large topics: race, citizenship, and nation. The volume also includes a Preface, Introduction, Afterword, Bibliography, and Chronology providing an overview of his career. This collection changes the way that we view Tourgée by highlighting his contributions as a writer and editor and as a supporter of African American writers. Exploring the full spectrum of his literary works and cultural engagements, Reimagining the Republic: Race, Citizenship, and Nation in the Literary Work of Albion Tourgée reveals a new Tourgée for our moment of renewed interest in the literature and politics of Reconstruction.




Undaunted Radical


Book Description

A leading proponent of racial equality in the United States during the second half of the nineteenth century, Albion W. Tourgée (1838--1905) served as the most articulate spokesman of the radical wing of the Republican party, and he continued to advocate for its egalitarian ideals long after Reconstruction ended. Undaunted Radical presents Tourgée's most significant letters, speeches, and essays from the commencement of Radical Reconstruction through the bleak days of the era of Jim Crow. An Ohioan by birth, Tourgée served in the Union army and afterwards moved to North Carolina, where he helped draft the 1868 state constitution. Within that and other documents he proposed free public education, the abolition of whipping posts, the end of property qualifications for jury duty and office holding, and the initiation of judicial reform and uniform taxation. Tourgée also served as a Republican-installed superior court judge, a position that brought him into increasing conflict with the Ku Klux Klan. In 1879, he published A Fool's Errand, a bestselling novel based on his Reconstruction experiences. Although now often overlooked, Tourgée in his lifetime offered a prominent voice of reason amid the segregation, disenfranchisement, lynching, racial propaganda, and mythologies about African Americans that haunted Reconstruction-era society and Gilded Age politics. These thirty-four documents elaborate the reformer's opinions on the Reconstruction Amendments, his generation's racial and economic theories, the cultural politics of North-South reconciliation, the ethics of corporate capitalism, the Social Gospel movement, and the philosophical underpinnings of American democratic citizenship. Mark Elliott and John David Smith, among the foremost authorities on Tourgée, have brought these writings, including the previously unpublished oral arguments Tourgée delivered before the U.S. Supreme Court as Homer Plessy's lead attorney in Plessy v. Ferguson (1896), together in one volume. The book also includes an introductory overview of Tourgée's life and an exhaustive bibliography of Tourgée's writings and related works, providing an essential collection for anyone studying Reconstruction and the early civil rights movement.




The Civil War Political Tradition


Book Description

Modeling his latest book on Richard Hofstadter’s 1948 classic The American Political Tradition and the Men Who Made It, the renowned historian Paul Escott has composed ten concise but deeply learned and incisive biographies of key Americans in the years leading up to the Civil War. Escott profiles Henry Clay, John C. Calhoun, Harriet Beecher Stowe, Frederick Douglass, Stephen A. Douglas, Jefferson Davis, Abraham Lincoln, Horace Greeley, Albion Tourgée, and Elizabeth Cady Stanton, illustrating how these men and women established, embodied, and advanced the opposing political and cultural trends that culminated in the great crisis of the nineteenth century. Covering figures from across a wide political spectrum, Escott reveals numerous streams and facets of nineteenth-century American political thought to illuminate the forces, from slavery to suffrage, underlying this greatest of conflicts. Written accessibly and with a magisterial command of the subject, The Civil War Political Tradition is both a perfect introduction to this history and a penetrating new meditation on its players.




Cannons and Codes


Book Description

This edited volume on war in law and literature addresses the many ways in which war affects human society and the many groups of people whose lives are affected by war. The essays, by preeminent scholars, discuss the ways in which literary works can shed light on legal thinking about war, and how a deep understanding of law can lead to interpretive insights on literary works. Some concern the lives of soldiers; others focus on civilians living in war zones, whoare caught up in the conflict; still others address themselves to the home front, far from the theatre of war. By collecting such diverse perspectives, with contributions from preeminent scholars of philosophy, literature, and law, this volume aims to show how literature has reflected the totalizingnature of war and the ways in which it distorts law across domains.




Is Racial Equality Unconstitutional?


Book Description

More than just a legal doctrine, color-blind constitutionalism has emerged as the defining metaphor of the post-Civil Rights era. Even for those challenging its constitutional authority, the language of color-blindness sets the terms of debate. Critics of color-blind constitutionalism are in this sense captured by the object of their critique. And yet, paradoxically, to enact a color-blind rule actually requires a heightened awareness of race. As such, color-blind constitutionalism represents a particular form of racial consciousness rather than an alternative to it. Challenging familiar understandings of race, rights, and American law, Is Racial Equality Unconstitutional? explores how current equal protection law renders the pursuit of racial equality constitutionally suspect. Identifying hierarchy rather than equality as an enduring constitutional norm, the book demonstrates how the pursuit of racial equality, historically, has been viewed as a violation of white rights. Arguing against conservative and liberal redemption narratives, both of which imagine racial equality as the perfection of American democracy, Is Racial Equality Unconstitutional? calls instead for a break from the current constitutional order, that it may be re-founded upon principles of racial democracy.