What Brown V. Board of Education Should Have Said

What Brown V. Board of Education Should Have Said PDF Author: Bruce A. Ackerman
Publisher: NYU Press
ISBN: 0814798896
Category : Law
Languages : en
Pages : 269

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Book Description
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

What Brown V. Board of Education Should Have Said PDF Author: Bruce A. Ackerman
Publisher: NYU Press
ISBN: 0814798896
Category : Law
Languages : en
Pages : 269

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Book Description
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.

Brown v. Board of Education

Brown v. Board of Education PDF Author: James T. Patterson
Publisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 320

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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?

What Brown v. Board of Education Should Have Said

What Brown v. Board of Education Should Have Said PDF Author: Jack Balkin
Publisher: NYU Press
ISBN: 9780814798898
Category : Law
Languages : en
Pages : 257

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Book Description
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 Brown V. Board of Education Should Have Said

What Brown V. Board of Education Should Have Said PDF Author: Bruce A. Ackerman
Publisher: NYU Press
ISBN: 9780814798898
Category : Law
Languages : en
Pages : 269

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Book Description
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

What Brown v. Board of Education Should Have Said PDF Author: Jack Balkin
Publisher: NYU Press
ISBN: 9780814798904
Category : Law
Languages : en
Pages : 257

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Book Description
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.

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

All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education PDF Author: Charles J. Ogletree
Publisher: W. W. Norton & Company
ISBN: 0393608522
Category : History
Languages : en
Pages : 432

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Book Description
"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.

What Roe V. Wade Should Have Said

What Roe V. Wade Should Have Said PDF Author: Jack M. Balkin
Publisher: NYU Press
ISBN: 1479824488
Category : Law
Languages : en
Pages : 338

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Book Description
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.

Brown V. Board of Education at Fifty

Brown V. Board of Education at Fifty PDF Author: Clarke Rountree
Publisher: Lexington Books
ISBN: 9780739108543
Category : History
Languages : en
Pages : 224

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Book Description
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.

The Unfinished Agenda of Brown V. Board of Education

The Unfinished Agenda of Brown V. Board of Education PDF Author: James Anderson
Publisher: Diverse: Issues In Higher Education
ISBN: 9780471649267
Category : History
Languages : en
Pages : 268

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Book Description
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Brown V. Board of Education

Brown V. Board of Education PDF Author: Tim McNeese
Publisher: Infobase Publishing
ISBN: 1438103328
Category : African Americans
Languages : en
Pages : 145

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Book Description
Today, integration is as much a part of America's public school system as Friday night football and complaints about cafeteria food. But America has not always opened the doors of its schools to all races. School integration occurred through the tireless efforts of countless men and women - some white, many black - who took their ideals and dreams about America and what it represents and worked to make them not only the law of the land, but acceptable to the vast majority of citizens. Here is the story of the relentless legal campaign launched by the NAACP civil rights organization and a persistent black lawyer named Thurgood Marshall, and how it changed history forever. Brown v. Board of Education was one of the most important Supreme Court decisions of the 20th century.