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Articles 1 - 7 of 7

Full-Text Articles in Legal History

Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks Oct 2013

Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks

Taunya Lovell Banks

Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor ...


The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron Aug 2013

The Supreme Judicial Court In Its Fourth Century: Meeting The Challenge Of The "New Constitutional Revolution", Charles H. Baron

Charles H. Baron

In the mid-19th century, when the United States was confronted with daunting changes wrought by its expanding frontiers and the advent of the industrial revolution, its state supreme courts developed the principles of law which facilitated the nation's growth into the great continental power it became. First in influence among these state supreme courts was the Supreme Judicial Court of Massachusetts-whose chief justice, Lemuel Shaw, came widely to be known as "America's greatest magistrate." It is this tradition that the court brings with it as it develops its place in the "new constitutional revolution" presently sweeping our state ...


Marching Across The Putative Black/White Race Line: A Convergence Of Narratology, History, And Theory, Carol L. Zeiner May 2013

Marching Across The Putative Black/White Race Line: A Convergence Of Narratology, History, And Theory, Carol L. Zeiner

Boston College Journal of Law & Social Justice

This Article introduces a category of women who, until now, have been omitted from the scholarly literature on the civil rights movement: northern white women who lived in the South and became active in the civil rights movement, while intending to continue to live in the South on a permanent basis following their activism. Prior to their activism, these women may have been viewed with suspicion because they were “newcomers” and “outsiders.” Their activism earned them the pejorative label “civil rights supporter.” This Article presents the stories of two such women. It examines their stories from the perspective of the ...


Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer Feb 2013

Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer

Joe Custer

This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.


Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller Feb 2013

Social Justice And The Warren Court: A Preliminary Examination, Arthur S. Miller

Pepperdine Law Review

Whether courts should attempt to advance social justice is a much debated topic in American jurisprudence. The conventional wisdom about the judicial process is to the contrary. In this article, Professor Arthur S. Miller suggests that the Supreme Court's innovative civil rights and civil liberties decisions during Chief Justice Earl Warren's tenure had the ultimate effect of helping to preserve the status quo of the social order. Its decisions, coming at a time of economic abundance, were a means of siphoning off discontent from disadvantaged groups at minimum social cost to the established order. The "activist" decisions under ...


Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald Jan 2013

Quotas, Politics, And Judicial Statesmanship: The Civil Rights Act Of 1991 And Powell's Bakke, Mark H. Grunewald

Mark H. Grunewald

No abstract provided.


Blacks In The Nevada Legal Profession, Rachel J. Anderson Jan 2013

Blacks In The Nevada Legal Profession, Rachel J. Anderson

Scholarly Works

This article discusses the history of African-Americans in the Nevada legal profession. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.