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Rethinking the Judicial Settlement of Reconstruction
American constitutional lawyers and legal historians routinely assert that the Supreme Court's state action doctrine halted Reconstruction in its tracks. But it didn't. Rethinking the Judicial Settlement of Reconstruction demolishes the conventional wisdom - and puts a constructive alternative in its place. Pamela Brandwein unveils a lost jurisprudence of rights that provided expansive possibilities for protecting blacks' physical safety and electoral participation, even as it left public accommodation rights undefended. She shows that the Supreme Court supported a Republican coalition and left open ample room for executive and legislative action. Blacks were abandoned, but by the president and Congress, not the Court. Brandwein unites close legal reading of judicial opinions (some hitherto unknown), sustained historical work, the study of political institutions, and the sociology of knowledge. This book explodes tired old debates and will provoke new ones.
People of the Upper Cumberland
Unified by geography and themes of tradition and progress, the essays in this anthology present a complex view of the Upper Cumberland area of Tennessee and Kentucky—a remote and, in some ways, mysterious region—and its people. The distinguished contributors cover everything from early folk medicine practices (Opless Walker), to the changing roles of women in the Upper Cumberland (Ann Toplovich), to rarely discussed African American lifeways in the area (Wali R. Kharif). The result is an astonishingly fresh contribution to studies of the Upper Cumberland area. Randall D. Williams’s essay on the relatively unknown history of American Indians in the region opens the collection, followed ...
The Lawyer's Conscience
In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.” American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.
Turn Away Thy Son
A historical account of the efforts of nine African-American students to integrate Central High School draws on interviews to offer insight into the behind-the-scenes experiences of the students and members of their community.
The Southern Manifesto
On March 13, 1956, ninety-nine members of the United States Congress promulgated the Declaration of Constitutional Principles, popularly known as the Southern Manifesto. Reprinted here, the Southern Manifesto formally stated opposition to the landmark United State Supreme Court decision Brown v. Board of Education, and the emergent civil rights movement. This statement allowed the white South to prevent Brown's immediate full-scale implementation and, for nearly two decades, set the slothful timetable and glacial pace of public school desegregation. The Southern Manifesto also provided the Southern Congressional Delegation with the means to stymie federal voting rights legislation, so that t...
Fighting for the Forty-Ninth Star
Discusses the role of C. W. "Bill" Snedden, owner and publisher of the "Fairbanks Daily News-Miner," and his protege Ted Stevens, a young attorney, in mounting a campaign to win statehood for Alaska in the 1950s, and tells of the opposition they faced from segregationists who feared Alaska would open the door to Hawaii, and the addition of four new senators would lead to the passage of civil rights legislation.
At the Altar of Lynching
Offers a new interpretation of the lynching of Sam Hose through the lens of the religious culture in the evangelical American South.
Law and Society in the South
Law and Society in the South reconstructs eight pivotal legal disputes heard in North Carolina courts between the 1830s and the 1970s and examines some of the most controversial issues of southern history, including white supremacy and race relations, the teaching of evolution in public schools, and Prohibition. Finally, the book explores the various ways in which law and society interacted in the South during the civil rights era. The voices of racial minorities-some urging integration, others opposing it-grew more audible within the legal system during this time. Law and Society in the South divulges the true nature of the courts: as the unpredictable venues of intense battles between southerners as they endured dramatic changes in their governing values.
The Contentious History of the International Bill of Human Rights
This book shows how a series of contradictions worked their way into the International Bill of Human Rights.
Societal Stress and Law
Societal Stress and Law draws attention to the social side effects of law by developing the sociological concept of society-level stress, a corollary of the concept of individual-level stress in the biological sciences. To encourage interest in societal stress, the book looks at (1) instances of law adopted by American states that the U.S. Supreme Court held unconstitutional and (2) actions by American states with regard to a proposal to amend the federal Constitution. The Court rulings and the proposed constitutional amendment were capable of producing societal stress because they were seen by a sizeable segment of the U.S. public as being incompatible with significant American traditions. ...
