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Full-Text Articles in Law

Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott Jan 2008

Public Rights, Social Equality, And The Conceptual Roots Of The Plessy Challenge, Rebecca J. Scott

Articles

This Article argues that the test case that gave rise to the 1896 decision in Plessy v. Ferguson is best understood as part of a wellestablished, cosmopolitan tradition of anticaste activism in Louisiana rather than as a quixotic effort that contradicted nineteenth-century ideas of the boundaries of citizens' rights. By drawing a dividing line between civil and political rights, on the one hand, and social rights, on the other, the Supreme Court construed challenges to segregation as claims to a "social equality" that was beyond the scope of judicially cognizable rights. The Louisiana constitutional convention of 1867-68, however, had defined …


Melting Hearts Of Stone: Clarence Darrow And The Sweet Trials, Douglas O. Linder Jan 2008

Melting Hearts Of Stone: Clarence Darrow And The Sweet Trials, Douglas O. Linder

Faculty Works

Detroit seemed to Dr. Ossian Sweet a good place to launch a medical practice in 1921. Ossian Sweet understood racial violence all too well. Growing up in Orlando, Ossian had witnessed a large crowd of whites running a black boy down a dusty road. Seeing racial hatred in its ugliest forms instilled in Sweet a deep race consciousness and determination not to let bigotry prevent him from achieving his own personal goals. He decided to move into his new home at 2905 Garland, whatever the risks to him and his family. Clarence Darrow associated with many causes over his long …