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The Framers' Coup
Flaws in the Articles of Confederation -- Economic turmoil in the states and the road to Philadelphia -- The Constitutional Convention -- Slavery and the Constitutional Constitution -- Critics of the Constitution: the Antifederalists -- The ratifying contest -- The Bill of Rights -- Conclusion
From the Closet to the Altar
In many states, advocates have taken to the courts and argued that bans on gay marriage are denials of civil rights. They have followed the path of earlier civil rights advocates, who also chose the court rather than the political arena as a forum to decide issues. But as Klarman shows, this tactic comes with clear costs. Using the courts to leapfrog public opinion can actually set a cause back because court decisions generate backlashes. Usually, judges are neither elected nor beholden to public opinion, and they are easily pegged as unaccountable elites by opponents. Klarman, who has examined virtually every state-level judicial decision and all of the legislative attempts to overturn same-sex marriage, contends that the movement has in many respects not only hurt its own cause by generating populist backlash, but has created a countervailing social movement that works against progressive causes on a host of other issues.
Brown v. Board of Education and the Civil Rights Movement
A splendid account of the Supreme Court's rulings on race in the first half of the twentieth century, From Jim Crow To Civil Rights earned rave reviews and won the Bancroft Prize for History in 2005. Now, in this marvelously abridged, paperback edition, Michael J. Klarman has compressed his acclaimed study into tight focus around one major case--Brown v. Board of Education--making the path-breaking arguments of his original work accessible to a broader audience of general readers and students. In this revised and condensed edition, Klarman illuminates the impact of the momentous Brown v. Board of Education ruling. He offers a richer, more complex understanding of this pivotal decision, going...
From Jim Crow to Civil Rights
A monumental investigation of the Supreme Court's rulings on race, From Jim Crow To Civil Rights spells out in compelling detail the political and social context within which the Supreme Court Justices operate and the consequences of their decisions for American race relations. In a highly provocative interpretation of the decision's connection to the civil rights movement, Klarman argues that Brown was more important for mobilizing southern white opposition to racial change than for encouraging direct-action protest. Brown unquestioningly had a significant impact--it brought race issues to public attention and it mobilized supporters of the ruling. It also, however, energized the opposition. In this authoritative account of constitutional law concerning race, Michael Klarman details, in the richest and most thorough discussion to date, how and whether Supreme Court decisions do, in fact, matter.
The Hollow Hope
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? Ame...
Unfinished Business
Michael J. Klarman, author of From Jim Crow to Civil Rights, which won the prestigious Bancroft Prize in American History, is one of the leading authorities on the history of civil rights law in the United States. In Unfinished Business, he illuminates the course of racial equality in America, revealing that we have made less progress than we like to think. Indeed, African Americans have had to fight for everything they have achieved.Klarman highlights a variety of social and political factors that have influenced the path of racial progress--wars, migrations, urbanization, shifting political coalitions--and he looks in particular at the contributions of law and of court decisions to America...
The Political Heart of Criminal Procedure
The past several decades have seen a renaissance in criminal procedure as a cutting-edge discipline and as one inseparably linked to substantive criminal law. This renaissance can be traced in no small part to the work of a single scholar: William Stuntz. This volume brings together twelve leading American criminal justice scholars whose own writings have been profoundly influenced by Stuntz and his work. Their contributions consist of essays on subjects ranging from the political economy of substantive criminal law to the law of police investigations to the role of religion in legal scholarship - all themes addressed by Stuntz in his own work. Some contributions directly analyze or respond to Stuntz's work, while others address topics or themes Stuntz wrote about from the contributor's own distinctive perspective.
From the Grassroots to the Supreme Court
Perhaps more than any other Supreme Court ruling, Brown v. Board of Education, the 1954 decision declaring the segregation of public schools unconstitutional, highlighted both the possibilities and the limitations of American democracy. This collection of sixteen original essays by historians and legal scholars takes the occasion of the fiftieth anniversary of Brown to reconsider the history and legacy of that landmark decision. From the Grassroots to the Supreme Court juxtaposes oral histories and legal analysis to provide a nuanced look at how men and women understood Brown and sought to make the decision meaningful in their own lives. The contributors illuminate the breadth of development...
The debate on black civil rights in America
This book examines the historiography of the African American freedom struggle from the 1890s to the present. It considers how, and why, the study of African American history developed from being a marginalized subject in American universities and colleges at the start of the twentieth century to become one of the most extensively researched fields in American history today. There is analysis of the changing scholarly interpretations of African American leaders from Booker T. Washington through to Barack Obama. The impact and significance of the leading civil rights organizations are assessed, as well as the white segregationists who opposed them and the civil rights policies of presidential administrations from Woodrow Wilson to Donald Trump. The civil rights struggle is also discussed in the context of wider, political, social and economic changes in the United States and developments in popular culture.
A Storm Over this Court
On the way to offering a new analysis of the basis of the Supreme Court's iconic decision in Brown v. Board of Education, Jeffrey Hockett critiques an array of theories that have arisen to explain it and Supreme Court decision making generally. Drawing upon justices' books, articles, correspondence, memoranda, and draft opinions, A Storm over This Court demonstrates that the puzzle of Brown's basis cannot be explained by any one theory. Borrowing insights from numerous approaches to analyzing Supreme Court decision making, this study reveals the inaccuracy of the popular perception that most of the justices merely acted upon a shared, liberal preference for an egalitarian society when they h...
