in the matter of color race and the american legal process the colonial period

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In The Matter Of Color

Author : A. Leon Higginbotham
ISBN : 0195027450
Genre : Travel
File Size : 55. 7 MB
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Focusing on the actions and attitudes of the courts, legislatures, and public servants in six colonies, Judge Higginbotham shows ways in which the law has contributed to injustices suffered by Black Americans

Shades Of Freedom

Author : A. Leon Higginbotham Jr.
ISBN : 0198028679
Genre : Social Science
File Size : 24. 50 MB
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Few individuals have had as great an impact on the law--both its practice and its history--as A. Leon Higginbotham, Jr. A winner of the Presidential Medal of Freedom, the nation's highest civilian honor, he has distinguished himself over the decades both as a professor at Yale, the University of Pennsylvania, and Harvard, and as a judge on the United States Court of Appeals. But Judge Higginbotham is perhaps best known as an authority on racism in America: not the least important achievement of his long career has been In the Matter of Color, the first volume in a monumental history of race and the American legal process. Published in 1978, this brilliant book has been hailed as the definitive account of racism, slavery, and the law in colonial America. Now, after twenty years, comes the long-awaited sequel. In Shades of Freedom, Higginbotham provides a magisterial account of the interaction between the law and racial oppression in America from colonial times to the present, demonstrating how the one agent that should have guaranteed equal treatment before the law--the judicial system--instead played a dominant role in enforcing the inferior position of blacks. The issue of racial inferiority is central to this volume, as Higginbotham documents how early white perceptions of black inferiority slowly became codified into law. Perhaps the most powerful and insightful writing centers on a pair of famous Supreme Court cases, which Higginbotham uses to portray race relations at two vital moments in our history. The Dred Scott decision of 1857 declared that a slave who had escaped to free territory must be returned to his slave owner. Chief Justice Roger Taney, in his notorious opinion for the majority, stated that blacks were "so inferior that they had no right which the white man was bound to respect." For Higginbotham, Taney's decision reflects the extreme state that race relations had reached just before the Civil War. And after the War and Reconstruction, Higginbotham reveals, the Courts showed a pervasive reluctance (if not hostility) toward the goal of full and equal justice for African Americans, and this was particularly true of the Supreme Court. And in the Plessy v. Ferguson decision, which Higginbotham terms "one of the most catastrophic racial decisions ever rendered," the Court held that full equality--in schooling or housing, for instance--was unnecessary as long as there were "separate but equal" facilities. Higginbotham also documents the eloquent voices that opposed the openly racist workings of the judicial system, from Reconstruction Congressman John R. Lynch to Supreme Court Justice John Marshall Harlan to W. E. B. Du Bois, and he shows that, ironically, it was the conservative Supreme Court of the 1930s that began the attack on school segregation, and overturned the convictions of African Americans in the famous Scottsboro case. But today racial bias still dominates the nation, Higginbotham concludes, as he shows how in six recent court cases the public perception of black inferiority continues to persist. In Shades of Freedom, a noted scholar and celebrated jurist offers a work of magnificent scope, insight, and passion. Ranging from the earliest colonial times to the present, it is a superb work of history--and a mirror to the American soul.

In The Matter Of Color

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ISBN : OCLC:9446667
Genre : African Americans
File Size : 39. 12 MB
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In The Matter Of Color

Author :
ISBN : OCLC:9446667
Genre : African Americans
File Size : 33. 58 MB
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The Supreme Court Race And Civil Rights

Author : Abraham L. Davis
ISBN : 0803972202
Genre : Law
File Size : 45. 47 MB
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Providing a well-rounded presentation of the constitution and evolution of civil rights in the United States, this book will be useful for students and academics with an interest in civil rights, race and the law. Abraham L Davis and Barbara Luck Graham's purpose is: to give an overview of the Supreme Court and its rulings with regard to issues of equality and civil rights; to bring law, political science and history into the discussion of civil rights and the Supreme Court; to incorporate the politically disadvantaged and the human component into the discussion; to stimulate discussion among students; and to provide a text that cultivates competence in reading actual Supreme Court cases.

Negro Thought In America 1880 1915

Author : August Meier
ISBN : 0472061186
Genre : History
File Size : 63. 53 MB
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Traces the evolution of Negroes' views of their race and its place in society from the end of Reconstruction to the outbreak of World War I

The Michigan Affirmative Action Cases

Author : Barbara Ann Perry
ISBN : UOM:39015064966834
Genre : Business & Economics
File Size : 82. 68 MB
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In its controversial Bakke decision of 1978, the Supreme Court upheld racial and ethnic diversity in university admissions--but it was not to be the last word on the matter. When Jennifer Gratz and Barbara Grutter challenged the University of Michigan's admission policies because they were passed over in favor of ostensibly less-qualified minority applicants, the Court was once again compelled to address affirmative action. Barbara Perry takes readers behind the scenes to tell the riveting story of how the two rejected applicants allied with conservative interest groups in an attempt to overturn affirmative action programs in higher education--and how in a 5-4 decision Justice Sandra Day O'Connor provided the decisive vote reaffirming Bakke. While the plaintiffs argued that their rights to equal protection under the Fourteenth Amendment and Title VI of the Civil Rights Act had been violated, the Court in 2003 disagreed and upheld the constitutionality of affirmative action, citing the goal of diversity as a legitimate state interest but also making it clear that there were limits to that interest and the policies to implement it. Drawing on interviews with key figures in the litigation, Perry follows the twists and turns of the district and appellate cases, then reveals the inside story of how Justice O'Connor joined her liberal colleagues to uphold the use of race in university admissions and thereby establish an important new precedent. Perry provides a play-by-play account of the dramatic oral arguments before the Court, explains how the Court's decisions emerged, and reveals how Justice O'Connor's personal, professional, and judicial background brought her to that pivotal moment inlegal history. As Perry shows, the Supreme Court's decisions frustrated both conservatives and civil rights advocates, who continue to battle each other when anti-affirmative action initiatives appear on state ballots. Her compelling study helps us understand why affirmative action remains one of our most hotly contested issues.

Slavery And The Founders

Author : Paul Finkelman
ISBN : 9780765641472
Genre : History
File Size : 72. 4 MB
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The new edition of this classic work addresses how the first generation of leaders of the United States dealt with the profoundly important question of human bondage. This third edition incorporates a new chapter on the regulation of the African slave trade and the latest research on Thomas Jefferson.

The Dred Scott Case

Author : Don Edward Fehrenbacher
ISBN : STANFORD:36105002530280
Genre : History
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Examines the legal bases of slavery and the long-term effects of the case on the American political, legal and judicial systems

Simple Justice

Author : Richard Kluger
ISBN : 9780307546081
Genre : Law
File Size : 35. 38 MB
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Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education. From the Trade Paperback edition.

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