A History of the Fifth Circuit, 1891-1981

A History of the Fifth Circuit, 1891-1981 PDF Author: Harvey C. Couch
Publisher:
ISBN:
Category :
Languages : en
Pages : 224

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A Campaign of Quiet Persuasion

A Campaign of Quiet Persuasion PDF Author: Jan Bates Wheeler
Publisher: LSU Press
ISBN: 0807152730
Category : History
Languages : en
Pages : 324

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In 1960, the College Entrance Examination Board became an unexpected participant in the movement to desegregate education in the South. Working with its partner, Educational Testing Services, the College Board quietly integrated its Scholastic Aptitude Test (SAT) centers throughout the Deep South. Traveling from state to state, taking one school district and even one school at a time, two College Board staff members, both native southerners, waged "a campaign of quiet persuasion" and succeeded, establishing a roster of desegregated test centers within segregated school districts while the historic battle for civil rights raged around them. In the context of the larger struggle for equal opportunities for southern black students, their work addressed a small but critical barrier to higher education. Shedding light on this remarkable story for the first time, Jan Bates Wheeler tells how the College Board staff members -- Ben Cameron and Ben Gibson -- succeeded. Their candid and thoughtfully written records of conversations and confrontations, untouched for nearly fifty years, reveal the persistence required to reach a goal many thought unachievable and even foolhardy. Indeed, their task placed them in the unusual position of advocating for school desegregation on a day-to-day basis as part of their jobs. This positioned Cameron and Gibson squarely in opposition to prevailing laws, customs, and attitudes -- an ill-advised stance for any nascent business venture, particularly one experiencing competition from a new, rival testing organization purported to accommodate openly those same laws, customs, and attitudes. Cameron and Gibson also accepted the personal danger involved in confrontations with racist school officials. The officials who cooperated with the pair assumed even greater risk, and in order to minimize that threat, Cameron and Gibson pledged not to publicize their efforts. Even years after their work had ended, the two men refused to write about their campaign for fear of compromising the people who had helped them. Their concerns, according to Wheeler, kept this remarkable story largely untold until now.

The Judicial Branch of Federal Government

The Judicial Branch of Federal Government PDF Author: Charles L. Zelden
Publisher: Bloomsbury Publishing USA
ISBN: 1851097074
Category : Political Science
Languages : en
Pages : 481

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This volume in ABC-CLIO's About Federal Government set looks at the history and daily operations of the federal judiciary, from district courts, to courts of appeal, to the Supreme Court. The Judicial Branch of Federal Government: People, Process, and Politics shows how the federal courts act as interpreters of the law, definers of rules, and shapers of policy, covering the judiciary throughout U.S. history and as it functions today. In one concise yet comprehensive resource, The Judicial Branch of Federal Government describes the constitutionally ascribed roles and structures of the courts. It looks at the men and women who serve on the federal bench (who they are and how they are appointed), as well as the fascinating relationship of the federal courts with the legislative and executive branches and with the 50 state court systems.

Debates on the Federal Judiciary: A Documentary History Volume III: 1939-2005

Debates on the Federal Judiciary: A Documentary History Volume III: 1939-2005 PDF Author:
Publisher:
ISBN: 9780160943867
Category :
Languages : en
Pages : 358

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Count Them One by One

Count Them One by One PDF Author: Gordon A. Martin
Publisher: Univ. Press of Mississippi
ISBN: 9781604737905
Category : Social Science
Languages : en
Pages : 272

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Forrest County, Mississippi, became a focal point of the civil rights movement when, in 1961, the United States Justice Department filed a lawsuit against its voting registrar Theron Lynd. While thirty percent of the county’s residents were black, only twelve black persons were on its voting rolls. United States v. Lynd was the first trial that resulted in the conviction of a southern registrar for contempt of court. The case served as a model for other challenges to voter discrimination in the South, and was an important influence in shaping the Voting Rights Act of 1965. Count Them One by One is a comprehensive account of the groundbreaking case written by one of the Justice Department’s trial attorneys. Gordon A. Martin, Jr., then a newly-minted lawyer, traveled to Hattiesburg from Washington to help shape the federal case against Lynd. He met with and prepared the government’s sixteen black witnesses who had been refused registration, found white witnesses, and was one of the lawyers during the trial. Decades later, Martin returned to Mississippi and interviewed the still-living witnesses, their children, and friends. Martin intertwines these current reflections with commentary about the case itself. The result is an impassioned, cogent fusion of reportage, oral history, and memoir about a trial that fundamentally reshaped liberty and the South.

The Nominee

The Nominee PDF Author: Leslie H. Southwick
Publisher: Univ. Press of Mississippi
ISBN: 1496801326
Category : Biography & Autobiography
Languages : en
Pages : 534

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President George W. Bush nominated Leslie H. Southwick in 2007 to the federal appeals court, Fifth Circuit, based in New Orleans. Initially, Southwick seemed a consensus nominee. Just days before his hearing, though, a progressive advocacy group distributed the results of research it had conducted on opinions of the state court on which he had served for twelve years. Two opinions Southwick had signed off on but not written became the center of the debate over the next five months. One dealt with a racial slur by a state worker, the other with a child custody battle between a father and a bisexual mother. Apparent bipartisan agreement for a quick confirmation turned into a long set of battles in the Judiciary Committee, on the floor of the Senate, and in the media. In early August, Senator Dianne Feinstein completely surprised her committee colleagues by supporting Southwick. Hers was the one Democratic vote needed to move the nomination to the full Senate. Then in late October, by a two-vote margin, he received the votes needed to end a filibuster. Confirmation followed. Southwick recounts the four years he spent at the Department of Justice, the twelve years on a state court, and his military service in Iraq while deployed with a Mississippi National Guard Brigade. During the nomination inferno Southwick maintained a diary of the many events, the conversations and emails, the joys and despairs, and quite often, the prayers and sense of peace his faith gave him--his memoir bears significant spiritual content. Throughout the struggle, Southwick learned that perspective and growth are important to all of us when making decisions, and he grew to accept his critics, regardless of outcome. In The Nominee there is no rancor, and instead the book expresses the understanding that the difficult road to success was the most helpful one for him, both as a man and as a judge.

Champion of Civil Rights

Champion of Civil Rights PDF Author: Joel William Friedman
Publisher: LSU Press
ISBN: 0807134821
Category : History
Languages : en
Pages : 416

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One of the least publicly recognized heroes of the civil rights movement in the United States, John Minor Wisdom served as a member of the U.S. Court of Appeals for the Fifth Circuit from 1957 until his death in 1999 and wrote many of the landmark decisions instrumental in desegregating the American South. In this revealing biography, law professor Joel William Friedman explores Judge Wisdom's substantial legal contributions and political work at a critical time in the history of the South. In 1957, President Eisenhower appointed Wisdom to the Fifth Circuit, which included some of the most deeply segregated southern states: Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the tumultuous two decades following its decision in Brown v. Board of Education, the Supreme Court issued only a few civil rights decisions, preferring instead to affirm Fifth Circuit Court opinions or let them stand without hearing an appeal. Judge Wisdom, therefore, authored many of the decisions that transformed the South and broke down barriers of all kinds for African Americans, including the desegregation of public schools. In preparing this first full-length biography of Judge Wisdom, Friedman had unrestricted access to Wisdom's voluminous repository of personal and professional papers. In addition, he draws on personal interviews with law clerks who served under Judge Wisdom, resulting in a unique, behind-the-scenes account of some of the nation's most important legal decisions: the admission of the first black student to the University of Mississippi, the initiation of contempt proceedings against Mississippi Governor Ross Barnett, and the destruction of obstacles that had previously kept black Americans from voting. Friedman also explores Wisdom's political life prior to joining the federal bench, including his pivotal role in resurrecting the Louisiana Republican Party and in securing the Republican presidential nomination for Eisenhower. A compelling account of how a child of privilege from one of America's most socially and racially stratified cities came to serve as the driving force behind the legal effort to end segregation, Champion of Civil Rights offers judicial biography at its best.

The Search for Justice

The Search for Justice PDF Author: Peter Charles
Publisher: University of Chicago Press
ISBN: 022661445X
Category : History
Languages : en
Pages : 209

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The civil rights era was a time of pervasive change in American political and social life. Among the decisive forces driving change were lawyers, who wielded the power of law to resolve competing concepts of order and equality and, in the end, to hold out the promise of a new and better nation. The Search for Justice is a look the role of the lawyers throughout the period, focusing on one of the central issues of the time: school segregation. The most notable participants to address this issue were the public interest lawyers of the NAACP’s Legal Defense Fund, whose counselors brought lawsuits and carried out appeals in state and federal courts over the course of twenty years. But also playing a part in the story were members of the bar who defended Jim Crow laws explicitly or implicitly and, in some cases, also served in state or federal government; lawyers who sat on state and federal benches and heard civil rights cases; and, finally, law professors who analyzed the reasoning of the courts in classrooms and public forums removed from the fray. With rich, copiously researched detail, Hoffer takes readers through the interactions of these groups, setting their activities not only in the context of the civil rights movement but also of their full political and legal legacies, including the growth of corporate private legal practice after World War II and the expansion of the role of law professors in public discourse, particularly with the New Deal. Seeing the civil rights era through the lens of law enables us to understand for the first time the many ways in which lawyers affected the course and outcome of the movement.

The Law's Conscience

The Law's Conscience PDF Author: Peter Charles Hoffer
Publisher: Univ of North Carolina Press
ISBN: 0807862061
Category : Law
Languages : en
Pages : 318

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Book Description
The Law's Conscience is a history of equity in Anglo-American juris-prudence from the inception of the chancellor's court in medieval England to the recent civil rights and affirmative action decisions of the United States Supreme Court. Peter Hoffer argues that equity embodies a way of looking at law, including constitutions, based on ideas of mutual fairness, public trusteeship, and equal protection. His central theme is the tension between the ideal of equity and the actual availability of equitable remedies. Hoffer examines this tension in the trusteeship constitutionalism of John Locke and Thomas Jefferson; the incorporation of equity in the first American constitutions; the antebellum controversy over slavery; the fortunes of the Freedmen's Bureau after the Civil War; the emergence of the doctrine of "Balance of Equity" in twentieth-century public-interest law; and the desegregation and reverse discrimination cases of the past thirty-five years. Brown v. Board of Education (1954) was the most important equity suit in American history, and Hoffer begins and ends his book with a new interpretation of its lessons.

The Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955-2000

The Rise of Judicial Management in the U.S. District Court, Southern District of Texas, 1955-2000 PDF Author: Steven Harmon Wilson
Publisher: University of Georgia Press
ISBN: 0820323632
Category : Law
Languages : en
Pages : 576

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Book Description
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.