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Full-Text Articles in Legal History

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer Jan 2019

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …


The Sweet Trials: An Account, Douglas O. Linder Jan 2007

The Sweet Trials: An Account, Douglas O. Linder

Faculty Works

The automobile and manufacturing boom that began in Detroit about 1915 made the city a magnet for blacks fleeing the economic stagnation of the South. In the decade from 1915 to 1925, Detroit's black population grew more than tenfold, from 7,000 to 82,000. A severe housing shortage developed, as the city's compact black district could not accommodate all the new arrivals. Blacks brave enough to purchase or rent homes in previously all-white neighborhoods faced intimidation and violence. The spring and summer of 1925 saw several ugly housing-related incidents. It was in this violent summer of 1925 that a black doctor …


Before Brown: Charles H. Houston And The Gaines Case, Douglas O. Linder Jan 2000

Before Brown: Charles H. Houston And The Gaines Case, Douglas O. Linder

Faculty Works

In 1895 in Plessy v. Ferguson the Supreme Court announced the legal principle, separate but equal, that would guide American race relations for over half a century. For Charles Houston, the training of black lawyers was a key to mounting an attack on segregation. While at Harvard, Houston wrote that there must be Negro lawyers in every community and that the great majority of these lawyers must come from Negro schools. It was, he concluded, in the best interests of the United States - to provide the best teachers possible at law schools where Negroes might be trained. After graduating …