From Jim Crow to Civil Rights

Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 0195310187
Format: PDF, Mobi
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While Brown vs. Board of Education had a significant impact by bringing race issues to public attention and mobilizing supporters of the ruling, it also energized the opposition. In this account of the history of constitutional law concerning race, legal scholar Michael Klarman details the ways in which Supreme Court decisions have had consequences for race relations in America.--From publisher description

Unfinished Business

Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 9780198041382
Format: PDF, ePub
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Michael J. Klarman, author of From Jim Crow to Civil Rights, which won the prestigious Bancroft Prize in American History, is one of the leading authorities on the history of civil rights law in the United States. In Unfinished Business, he illuminates the course of racial equality in America, revealing that we have made less progress than we like to think. Indeed, African Americans have had to fight for everything they have achieved. Klarman highlights a variety of social and political factors that have influenced the path of racial progress--wars, migrations, urbanization, shifting political coalitions--and he looks in particular at the contributions of law and of court decisions to American equality. The author argues that court decisions tend to reflect the racial mores of the times, which is why the Supreme Court has not been a heroic defender of the rights of racial minorities. And even when the Court has promoted progressive racial change, its decisions have often been unenforced, in part because severely oppressed groups rarely have the resources necessary to force the issue. Klarman also sheds light on the North/South dynamic and how it has influenced racial progress, arguing that as southerners have become more anxious about outside challenges to their system of white supremacy, they have acted in ways that eventually undermined that system. For example, as southern slave owners demanded greater guarantees for slavery from the federal government, they alienated northerners, who came to fear a slave power conspiracy that would interfere with their liberties. Unfinished Business offers an invaluable, succinct account of racial equality and civil rights throughout American history.

Unfinished Business

Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN:
Format: PDF, ePub, Mobi
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A succinct account of racial equality and civil rights throughout American history highlights the path of racial progress and looks in particular at the contributions of law and of court decisions to American equality.

From the Closet to the Altar

Author: Michael Klarman
Publisher: Oxford University Press
ISBN: 0199922101
Format: PDF, ePub
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"Bancroft Prize-winning historian and legal expert Michael Klarman here offers an illuminating and engaging account of modern litigation over same-sex marriage. After looking at the treatment of gays in the decades after World War II and the birth of themodern gay rights movement with the Stonewall Rebellion in 1969, Klarman describes the key legal cases involving gay marriage and the dramatic political backlashes they ignited. He examines the Hawaii Supreme Court's ruling in 1993, which sparked a vast political backlash--with more than 35 states and Congress enacting defense-of-marriage acts--and the Massachusetts decision in Goodridge in 2003, which inspired more than 25 states to adopt constitutional bans on same-sex marriage. Klarman traces this same pattern--court victory followed by dramatic backlash--through cases in Vermont, California, and Iowa, taking the story right up to the present. He also describes some of the collateral political damage caused by court decisions in favor of gay marriage--Iowa judges losing their jobs, Senator Majority Leader Tom Daschle losing his seat, and the possibly dispositive impact of gay marriage on the 2004 presidential election. But Klarman also notes several ways in which litigation has accelerated the coming of same-sex marriage: forcing people to discuss the issue, raising the hopes and expectations of gay activists, and making other reforms like civil unions seem more moderate by comparison. In the end, Klarman discusses how gay marriage is likely to evolvein the future, predicts how the U.S. Supreme Court might ultimately resolve the issue, and assesses the costs and benefits of activists' pursuing social reforms such as gay marriage through the courts"--

Brown v Board of Education and the Civil Rights Movement

Author: Michael J. Klarman
Publisher: Oxford University Press
ISBN: 9780198042006
Format: PDF
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A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going behind the scenes to examine the justices' deliberations and reconstruct why they found the case so difficult to decide. He recaps his famous backlash thesis, arguing that Brown was more important for mobilizing southern white opposition to change than for encouraging civil rights protest, and that it was only the resulting violence that transformed northern opinion and led to the landmark legislation of the 1960s. Klarman also sheds light on broader questions such as how judges decide cases; how much they are influenced by legal, political, and personal considerations; the relationship between Supreme Court decisions and social change; and finally, how much Court decisions simply reflect societal values and how much they shape those values. Brown v. Board of Education was one of the most important decisions in the history of the U.S. Supreme Court. Klarman's brilliant analysis of this landmark case illuminates the course of American race relations as it highlights the relationship between law and social reform. Acclaim for From Jim Crow to Civil Rights: "A major achievement. It bestows upon its fortunate readers prodigious research, nuanced judgment, and intellectual independence." --Randall Kennedy, The New Republic "Magisterial." --The New York Review of Books "A sweeping, erudite, and powerfully argued book...unfailingly interesting." --Wilson Quarterly

From the Grassroots to the Supreme Court

Author: Peter F. Lau
Publisher: Duke University Press
ISBN: 0822386100
Format: PDF
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Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives. The contributors illuminate the breadth of developments that led to Brown, from the parallel struggles for social justice among African Americans in the South and Mexican, Asian, and Native Americans in the West during the late nineteenth century to the political and legal strategies implemented by the National Association for the Advancement of Colored People (naacp) in the twentieth century. Describing the decision’s impact on local communities, essayists explore the conflict among African Americans over the implementation of Brown in Atlanta’s public schools as well as understandings of the ruling and its relevance among Puerto Rican migrants in New York City. Assessing the legacy of Brown today, contributors analyze its influence on contemporary law, African American thought, and educational opportunities for minority children. Contributors Tomiko Brown-Nagin Davison M. Douglas Raymond Gavins Laurie B. Green Christina Greene Blair L. M. Kelley Michael J. Klarman Peter F. Lau Madeleine E. Lopez Waldo E. Martin Jr. Vicki L. Ruiz Christopher Schmidt Larissa M. Smith Patricia Sullivan Kara Miles Turner Mark V. Tushnet

The New Encyclopedia of Southern Culture

Author: James W. Ely Jr.
Publisher: UNC Press Books
ISBN: 1469616742
Format: PDF, Docs
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Volume 10 of The New Encyclopedia of Southern Culture combines two of the sections from the original edition, adding extensive updates and 53 entirely new articles. In the law section of this volume, 16 longer essays address broad concepts ranging from law schools to family law, from labor relations to school prayer. The 43 topical entries focus on specific legal cases and individuals, including historical legal professionals, parties from landmark cases, and even the fictional character Atticus Finch, highlighting the roles these individuals have played in shaping the identity of the region. The politics section includes 34 essays on matters such as Reconstruction, social class and politics, and immigration policy. New essays reflect the changing nature of southern politics, away from the one-party system long known as the "solid South" to the lively two-party politics now in play in the region. Seventy shorter topical entries cover individual politicians, political thinkers, and activists who have made significant contributions to the shaping of southern politics.

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Format: PDF, Kindle
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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

The New Encyclopedia of Southern Culture

Author: Charles Reagan Wilson
Publisher: UNC Press Books
ISBN: 1469616556
Format: PDF, Kindle
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Providing a chronological and interpretive spine to the twenty-four volumes of The New Encyclopedia of Southern Culture, this volume broadly surveys history in the American South from the Paleoindian period (approximately 8000 B.C.E.) to the present. In 118 essays, contributors cover the turbulent past of the region that has witnessed frequent racial conflict, a bloody Civil War fought and lost on its soil, massive in- and out-migration, major economic transformations, and a civil rights movement that brought fundamental change to the social order. Charles Reagan Wilson's overview essay examines the evolution of southern history and the way our understanding of southern culture has unfolded over time and in response to a variety of events and social forces--not just as the opposite of the North but also in the larger context of the Atlantic World. Longer thematic essays cover major eras and events, such as early settlement, slave culture, Reconstruction, the New Deal, and the rise of the New South. Brief topical entries cover individuals--including figures from the Civil War, the civil rights movement, and twentieth-century politics--and organizations such as the Southern Christian Leadership Conference, Daughters of the Confederacy, and Citizens' Councils, among others. Together, these essays offer a sweeping reference to the rich history of the region.