What Brown V Board Of Education Should Have Said

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What Brown V. Board of Education Should Have Said

Bruce A. Ackerman
What Brown V Board of Education Should Have Said Book PDF

Author : Bruce A. Ackerman
Publisher : NYU Press
Page : 269 pages
File Size : 53,9 Mb
Release : 2001-08
Category : Law
ISBN : 0814798896

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What Brown V. Board of Education Should Have Said by Bruce A. Ackerman Pdf

Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of quality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown and explaining the current debates over its legacy.

What Brown V. Board of Education Should Have Said

Bruce A. Ackerman
What Brown V Board of Education Should Have Said Book PDF

Author : Bruce A. Ackerman
Publisher : NYU Press
Page : 269 pages
File Size : 55,9 Mb
Release : 2001-08
Category : Law
ISBN : 9780814798898

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What Brown V. Board of Education Should Have Said by Bruce A. Ackerman Pdf

Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of quality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown and explaining the current debates over its legacy.

What Brown v. Board of Education Should Have Said

Jack Balkin
What Brown v Board of Education Should Have Said Book PDF

Author : Jack Balkin
Publisher : NYU Press
Page : 257 pages
File Size : 46,6 Mb
Release : 2001-08-01
Category : Law
ISBN : 0814798896

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What Brown v. Board of Education Should Have Said by Jack Balkin Pdf

Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

Brown v. Board of Education

James T. Patterson
Brown v Board of Education Book PDF

Author : James T. Patterson
Publisher : Oxford University Press
Page : 320 pages
File Size : 51,5 Mb
Release : 2001-03-01
Category : History
ISBN : 9780199880843

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Brown v. Board of Education by James T. Patterson Pdf

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?

All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education

Charles J. Ogletree
All Deliberate Speed Reflections on the First Half Century of Brown v Board of Education Book PDF

Author : Charles J. Ogletree
Publisher : W. W. Norton & Company
Page : 432 pages
File Size : 46,9 Mb
Release : 2005-11-17
Category : History
ISBN : 9780393608526

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All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education by Charles J. Ogletree Pdf

"An effective blend of memoir, history and legal analysis."—Christopher Benson, Washington Post Book World In what John Hope Franklin calls "an essential work" on race and affirmative action, Charles Ogletree, Jr., tells his personal story of growing up a "Brown baby" against a vivid pageant of historical characters that includes, among others, Thurgood Marshall, Martin Luther King, Jr., Earl Warren, Anita Hill, Alan Bakke, and Clarence Thomas. A measured blend of personal memoir, exacting legal analysis, and brilliant insight, Ogletree's eyewitness account of the legacy of Brown v. Board of Education offers a unique vantage point from which to view five decades of race relations in America.

Brown V. Board of Education at Fifty

Clarke Rountree
Brown V Board of Education at Fifty Book PDF

Author : Clarke Rountree
Publisher : Lexington Books
Page : 224 pages
File Size : 54,7 Mb
Release : 2004
Category : History
ISBN : 0739108549

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Brown V. Board of Education at Fifty by Clarke Rountree Pdf

Six American communication studies scholars contribute six chapters to the first analysis of the role that rhetoric played in establishing, defending, challenging, and overturning legalized educational segregation by race. Coverage includes a reconstruction of the rhetorical context of Plessy v. Ferguson; the Harlan dissent in Plessy; the NAACP's efforts over 40-plus years to reverse Plessy's support of educational segregation; an analysis of the Brown decision, with particular focus on the controversial use of social scientific evidence; the reaction to the Brown decision in the South; and a comparison of two major Supreme Court decisions implementing Brown. Annotation ̧2004 Book News, Inc., Portland, OR (booknews.com) -- Distributed by Syndetics Solutions, LLC.

Simple Justice

Richard Kluger
Simple Justice Book PDF

Author : Richard Kluger
Publisher : Vintage
Page : 880 pages
File Size : 51,6 Mb
Release : 2011-08-24
Category : Law
ISBN : 9780307546081

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Simple Justice by Richard Kluger Pdf

Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education.

What Brown v. Board of Education Should Have Said

Jack Balkin
What Brown v Board of Education Should Have Said Book PDF

Author : Jack Balkin
Publisher : NYU Press
Page : 257 pages
File Size : 51,8 Mb
Release : 2002-09-01
Category : Law
ISBN : 081479890X

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What Brown v. Board of Education Should Have Said by Jack Balkin Pdf

Legal experts rewrite the landmark court decision Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein.

What Roe V. Wade Should Have Said

Jack M. Balkin
What Roe V Wade Should Have Said Book PDF

Author : Jack M. Balkin
Publisher : NYU Press
Page : 338 pages
File Size : 54,6 Mb
Release : 2023-01-17
Category : Law
ISBN : 9781479824489

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What Roe V. Wade Should Have Said by Jack M. Balkin Pdf

A unique introduction to the constitutional arguments for and against the right to abortion In January 1973, the Supreme Court’s opinion in Roe v. Wade struck down most of the country's abortion laws and held for the first time that the Constitution guarantees women the right to safe and legal abortions. Nearly five decades later, in 2022, the Court’s 5-4 decision in Dobbs v. Jackson Women's Health Organization overturned Roe and eliminated the constitutional right, stunning the nation. Instead of finally resolving the constitutional issues, Dobbs managed to bring new attention to them while sparking a debate about the Supreme Court’s legitimacy. Originally published in 2005, What Roe v. Wade Should Have Said asked eleven distinguished constitutional scholars to rewrite the opinions in this landmark case in light of thirty years’ experience but making use only of sources available at the time of the original decision. Offering the best arguments for and against the constitutional right to abortion, the contributors have produced a series of powerful essays that get to the heart of this fascinating case. In addition, Jack Balkin gives a detailed historical introduction that chronicles the Roe litigation—and the constitutional and political clashes that followed it—and explains the Dobbs decision and its aftermath.

Silent Covenants

Derrick Bell
Silent Covenants Book PDF

Author : Derrick Bell
Publisher : Oxford University Press
Page : 240 pages
File Size : 45,9 Mb
Release : 2004-04-19
Category : History
ISBN : 9780198038559

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Silent Covenants by Derrick Bell Pdf

When the landmark Supreme Court case of Brown vs. Board of Education was handed down in 1954, many civil rights advocates believed that the decision, which declared public school segregation unconstitutional, would become the Holy Grail of racial justice. Fifty years later, despite its legal irrelevance and the racially separate and educationally ineffective state of public schooling for most black children, Brown is still viewed by many as the perfect precedent. Here, Derrick Bell shatters the shining image of this celebrated ruling. He notes that, despite the onerous burdens of segregation, many black schools functioned well and racial bigotry had not rendered blacks a damaged race. He maintains that, given what we now know about the pervasive nature of racism, the Court should have determined instead to rigorously enforce the "equal" component of the "separate but equal" standard. Racial policy, Bell maintains, is made through silent covenants--unspoken convergences of interest and involuntary sacrifices of rights--that ensure that policies conform to priorities set by policy-makers. Blacks and whites are the fortuitous winners or losers in these unspoken agreements. The experience with Brown, Bell urges, should teach us that meaningful progress in the quest for racial justice requires more than the assertion of harms. Strategies must recognize and utilize the interest-convergence factors that strongly influence racial policy decisions. In Silent Covenants, Bell condenses more than four decades of thought and action into a powerful and eye-opening book.

Linda Brown, You Are Not Alone

Joyce Carol Thomas
Linda Brown You Are Not Alone Book PDF

Author : Joyce Carol Thomas
Publisher : Jump At The Sun
Page : 144 pages
File Size : 50,6 Mb
Release : 2003-12-01
Category : Juvenile Nonfiction
ISBN : 0786808217

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Linda Brown, You Are Not Alone by Joyce Carol Thomas Pdf

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 Schoolhouse Gate

Justin Driver
The Schoolhouse Gate Book PDF

Author : Justin Driver
Publisher : Vintage
Page : 578 pages
File Size : 48,6 Mb
Release : 2019-08-06
Category : Law
ISBN : 9780525566960

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The Schoolhouse Gate by Justin Driver Pdf

A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

From Jim Crow to Civil Rights

Michael J. Klarman
From Jim Crow to Civil Rights Book PDF

Author : Michael J. Klarman
Publisher : Oxford University Press
Page : 672 pages
File Size : 40,8 Mb
Release : 2004-02-05
Category : Law
ISBN : 9780195351675

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From Jim Crow to Civil Rights by Michael J. Klarman Pdf

A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.

The Unfinished Agenda of Brown V. Board of Education

James Anderson,Dara N. Byrne
The Unfinished Agenda of Brown V Board of Education Book PDF

Author : James Anderson,Dara N. Byrne
Publisher : Diverse: Issues In Higher Education
Page : 268 pages
File Size : 43,7 Mb
Release : 2004-04-29
Category : History
ISBN : 0471649260

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The Unfinished Agenda of Brown V. Board of Education by James Anderson,Dara N. Byrne Pdf

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The Hollow Hope

Gerald N. Rosenberg
The Hollow Hope Book PDF

Author : Gerald N. Rosenberg
Publisher : University of Chicago Press
Page : 541 pages
File Size : 54,8 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226726687

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The Hollow Hope by Gerald N. Rosenberg Pdf

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.