Making Civil Rights Law

Making Civil Rights Law PDF Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195359224
Category : Law
Languages : en
Pages : 412

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Book Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Making Civil Rights Law

Making Civil Rights Law PDF Author: Mark V. Tushnet
Publisher: Oxford University Press
ISBN: 0195359224
Category : Law
Languages : en
Pages : 412

Get Book Here

Book Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Making Constitutional Law

Making Constitutional Law PDF Author: Mark V. Tushnet
Publisher: Oxford University Press, USA
ISBN: 0195093143
Category : Civil rights
Languages : en
Pages : 257

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Book Description
Following on Making Civil Rights Law, which covered Thurgood Marshall's career from 1936-1961, this book focuses on Marshall's career on the Supreme Court from 1961-1991, where he was first Afro-American Justice. The first book on Justice Thurgood Marshall's years on the Supreme Court based on a comprehensive review of the Supreme Court papers of Justices Marshall and William J. Brennan, this work describes Marshall's special approach to constitutional law in areas ranging from civil rights and the death penalty to abortion and poverty. It also describes the Supreme Court's operations during Marshall's tenure, the relations among the justices, and the particular roles played by Chief Justice Warren Burger, Justice Brennan, and Justice Antonin Scalia. The book locates the Supreme Court's actions from 1967 to 1991 in a broader historical and political context, explaining how Marshall's liberalism became increasingly isolated on a Court influenced by nation's drift in a more conservative direction.

The Making of a Civil Rights Lawyer

The Making of a Civil Rights Lawyer PDF Author: Michael Meltsner
Publisher: University of Virginia Press
ISBN: 9780813926957
Category : Biography & Autobiography
Languages : en
Pages : 336

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Book Description
As a white Yale Law School graduate, Meltsner began his career with the Legal Defense Fund of the NAACP, working initially under Thurgood Marshall and later under Jack Greenberg. From his vantage point at LDF, Meltsner witnessed and participated in litigation support of the civil rights movement in the South. As the movement shifted north and the fight for desegregation gave way to black-power slogans, Meltsner remained involved with the LDF and later went on to teach public interest practice at Columbia Law School. He watched the move from the high expectations after the Brown v. Board of Education decision to the lows of subsequent resegregation. He recalls his involvement in other civil rights efforts, from the campaigns to abolish capital punishment to Muhammad Ali's legal battle to regain his right to box. Meltsner closes with a chapter that examines the strategic possibilities of the No Child Left Behind mandate. Meltsner brings a personal perspective to this assessment of the hopes, potential, and shifting terrain of public service law. A worthy read. --Vernon Ford Copyright 2006 Booklist.

Civil Rights and the Making of the Modern American State

Civil Rights and the Making of the Modern American State PDF Author: Megan Ming Francis
Publisher: Cambridge University Press
ISBN: 1107037107
Category : History
Languages : en
Pages : 217

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Book Description
This book extends what we know about the development of civil rights and the role of the NAACP in American politics. Through a sweeping archival analysis of the NAACP's battle against lynching and mob violence from 1909 to 1923, this book examines how the NAACP raised public awareness, won over American presidents, secured the support of Congress, and won a landmark criminal procedure case in front of the Supreme Court.

Race, Labor, and Civil Rights

Race, Labor, and Civil Rights PDF Author: Robert Samuel Smith
Publisher: LSU Press
ISBN: 0807134813
Category : Business & Economics
Languages : en
Pages : 247

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Book Description
In 1966, thirteen black employees of the Duke Power Company's Dan River Plant in Draper, North Carolina, filed a lawsuit against the company challenging its requirement of a high school diploma or a passing grade on an intelligence test for internal transfer or promotion. In the groundbreaking decision Griggs v. Duke Power (1971), the United States Supreme Court ruled in favor of the plaintiffs, finding such employment practices violated Title 7 of the Civil Rights Act of 1964 when they disparately affected minorities. In doing so, the court delivered a significant anti-employment discrimination verdict. Legal scholars rank Griggs v. Duke Power on par with Brown v. Board of Education (1954) in terms of its impact on eradicating race discrimination from American institutions. In Race, Labor, and Civil Rights, Robert Samuel Smith offers the first full-length historical examination of this important case and its connection to civil rights activism during the second half of the 1960s. Smith explores all aspects of Griggs, highlighting the sustained energy of the grassroots civil rights community and the critical importance of courtroom activism. Smith shows that after years of nonviolent, direct action protests, African Americans remained vigilant in the 1960s, heading back to the courts to reinvigorate the civil rights acts in an effort to remove the lingering institutional bias left from decades of overt racism. He asserts that alongside the more boisterous expressions of black radicalism of the late sixties, foot soldiers and local leaders of the civil rights community -- many of whom were working-class black southerners -- mustered ongoing legal efforts to mold Title 7 into meaningful law. Smith also highlights the persistent judicial activism of the NAACP-Legal Defense and Education Fund and the ascension of the second generation of civil rights attorneys. By exploring the virtually untold story of Griggs v. Duke Power, Smith's enlightening study connects the case and the campaign for equal employment opportunity to the broader civil rights movement and reveals the civil rights community's continued spirit of legal activism well into the 1970s.

Making Civil Rights Law

Making Civil Rights Law PDF Author: Mark V. Tushnet
Publisher: Oxford University Press, USA
ISBN: 0195084128
Category : Civil rights
Languages : en
Pages : 414

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Book Description
Making Civil Rights Law is an insightful and provocative narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, which preceded the intense political battles for civil rights. Drawing on personal interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society.

How Rights Went Wrong

How Rights Went Wrong PDF Author: Jamal Greene
Publisher: Mariner Books
ISBN: 1328518116
Category : Business & Economics
Languages : en
Pages : 341

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Book Description
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.

Unjust Deeds

Unjust Deeds PDF Author: Jeffrey D. Gonda
Publisher: UNC Press Books
ISBN: 1469625466
Category : Social Science
Languages : en
Pages : 312

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Book Description
In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African Americans and other minority groups through the use of legal instruments called racial restrictive covenants--one of the most pervasive tools of residential segregation in the aftermath of World War II. Over the next three years, local activists and lawyers at the NAACP fought through the nation's courts to end the enforcement of these discriminatory contracts. Unjust Deeds explores the origins and complex legacies of their dramatic campaign, culminating in a landmark Supreme Court victory in Shelley v. Kraemer (1948). Restoring this story to its proper place in the history of the black freedom struggle, Jeffrey D. Gonda's groundbreaking study provides a critical vantage point to the simultaneously personal, local, and national dimensions of legal activism in the twentieth century and offers a new understanding of the evolving legal fight against Jim Crow in neighborhoods and courtrooms across America.

Courage to Dissent

Courage to Dissent PDF Author: Tomiko Brown-Nagin
Publisher: Oxford University Press
ISBN: 0199932018
Category : History
Languages : en
Pages : 603

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Book Description
Offers a sweeping history of the civil rights movement in Atlanta from the end of World War II to 1980, arguing the motivations of the movement were much more complicated than simply a desire for integration.

Civil Rights Law and Practice

Civil Rights Law and Practice PDF Author: Harold S. Lewis
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 746

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Book Description
Tracks the materials surveyed in a number of widely used civil rights casebooks. Includes the principal Reconstruction Acts, related criminal provisions, Title VI of the 1964 Civil Rights Act, Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1982, Title VIII of the 1968 Fair Housing Act, Title IX of the Education Amendments of 1972, Individuals With Disabilities Education Act, Voting Rights Acts, and the Americans With Disabilities Act of 1990. Cites several recent cases, including Buckhannon, Alexander v. Sandoval, Wilson v. Layne; Hafer v. Melo, United States v. Lanier, Kolstad v. American Dental Ass'n, and Suter v. Artist.