Reconstruction And Black Suffrage

Author: Robert Michael Goldman
Publisher:
ISBN: 9780700610693
Size: 55.77 MB
Format: PDF, ePub, Docs
View: 2336
Download
On Easter Sunday in 1873, more than one hundred black men were gunned down in Grant Parish, Louisiana, for daring to assert their right to vote. Several months earlier, in Lexington, Kentucky, another black man was denied the right to vote for simply failing to pay a poll tax. Both events typified the intense opposition to the federal guarantee of black voting rights. Both events led to landmark Supreme Court decisions. And, as Robert Goldman shows, both events have much to tell us about an America that was still deeply divided over the status of blacks during the Reconstruction era. Goldman deftly highlights the cases of United States v. Reese and United States v. Cruikshank within the context of an ongoing power struggle between state and federal authorities and the realities of being black in postwar America. Focusing especially on the so-called Reconstruction Amendments and Enforcement Acts, he argues that the decisions in Reese and Cruikshank signaled an enormous gap between guaranteed and enforced rights. The Court's decisions denied the very existence of any such guarantee and, further, conferred upon the states the right to determine who may vote and under what circumstances. In both decisions, lower court convictions were overturned through suprisingly narrrow rulings, despite the larger constitutional issues involved. In Reese the Court justified its decision by voicing only two sections of the Enforcement Acts, while in Cruikshank it merely voided the original indictments as being "insufficient in law" by failing to allege that the Grant Parish murders had been explicitly motivated by racial concerns. Such legalistic reasoning marked the grim beginning of a nearly century-long struggle to reclaim what the Fifteenth Amendment had supposedly guaranteed. As Goldman shows, the Court's decisions undermined the fledgling efforts of the newly formed justice department and made it increasingly difficult to control the racial violence, intimidation, poll taxes, and other less visible means used by white southern Democrats to "redeem" their political power. The result was a disenfranchised black society in a hostile and still segregated South. Only with the emergence of a nationwide civil rights movement and the Voting Rights Act of 1965 did things begin to change. Readable and insightful, Goldman's study offers students, scholars, and concerned citizens a strong reminder of what happens when courts refuse to enforce constitutional and legislated law—and what might happen again if we aren't vigilant in protecting the rights of all Americans.

One Man Out

Author: Robert Michael Goldman
Publisher: Univ Pr of Kansas
ISBN:
Size: 19.50 MB
Format: PDF, Docs
View: 4157
Download
This new look at all-star center fielder Curt Flood's efforts to shake the foundations of major league baseball reminds readers that Flood holds a unique and important place in both baseball and American law as the player who challenged baseball's reserve clause and championed the cause of free agency. Simultaneous.

Bush V Gore

Author: Charles L. Zelden
Publisher: Landmark Law Cases & American
ISBN: 9780700617494
Size: 22.51 MB
Format: PDF
View: 5175
Download
Provides the most concise, accurate, and up-to-date analysis of the events and controversies surrounding the Supreme Court's 5-4 decision that stopped the Florida recount and gave George W. Bush a razor-thin electoral-vote victory over Al Gore to make him our 43rd president.

Justice Oliver Wendell Holmes

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 0199880212
Size: 66.59 MB
Format: PDF, Docs
View: 3646
Download
By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.

Slave Law In The American South

Author: Mark V. Tushnet
Publisher: Univ Pr of Kansas
ISBN:
Size: 39.43 MB
Format: PDF, ePub
View: 1000
Download
Slavery in the American South could not have existed without the authority of law defining slaves as the property of their masters. But the fact that slaves were also human beings placed limits on this harsh reality. When the rigor of the law and the complex bonds of sentiment linking master and slave came into conflict, masters looked to the courts. In one such case, "State v. Mann, North Carolina Supreme Court justice Thomas Ruffin ruled that masters could not be prosecuted for assaulting their slaves. In articulating the legal basis for his decision, Justice Ruffin also revealed his own view of the "logic of slavery," in which he sanctioned the owner's rights even as he expressed his own horror at the mistreatment of the slave. Mark Tushnet, one of the foremost living authorities on antebellum slave law, now shows how studying such a simple case can illuminate an entire society. For those who detested slavery, the case represented all that was intolerable about that institution; for those who defended it, it raised vexing and persistent issues that could not be wished away. As further testament to the importance of "State V. Mann, Harriett Beecher Stowe even made it central to her second antislavery novel, "Dred. Tushnet discusses the opinion's place in the novel--in which she quoted liberally from Ruffin's decision--and evaluates other historians' interpretations of both the opinion and Stowe's provocative novel. Tushnet provides a finely detailed analysis of Ruffin's opinion, portraying the judge as a man compelled by law to uphold the slaveowner's right while moved as a Christian by the slave's maltreatment and ever hopeful that communal morality and a deep-seated sense of honorwould moderate the excesses of slave owners. As Tushnet shows, however, slave law was a means for maintaining the ideological hegemony of the Southern master class. "Slave Law in the American South paints a broad picture of a

Rethinking The Judicial Settlement Of Reconstruction

Author: Pamela Brandwein
Publisher: Cambridge University Press
ISBN: 1139496964
Size: 61.12 MB
Format: PDF, ePub, Docs
View: 2637
Download
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.

Plessy V Ferguson

Author: Williamjames Hoffer
Publisher: Landmark Law Cases & American
ISBN: 9780700618477
Size: 62.42 MB
Format: PDF, ePub, Mobi
View: 2812
Download
A concise readable summary and guide to Plessy v. Ferguson (1896), one of the Supreme Court's most famous and controversial decisions--one that offered legal cover for the practice of segregation for nearly six decades.

Encyclopedia Of The Reconstruction Era A L

Author: Richard Zuczek
Publisher: Greenwood Publishing Group
ISBN: 9780313330742
Size: 71.63 MB
Format: PDF, Mobi
View: 7002
Download
Offers more than 260 alphabetically arranged articles on the period of Reconstruction in American history, covering persons, concepts, institutions, laws, elections, organizations, and each Southern state.

Firearms Law And The Second Amendment

Author: Nicholas J. Johnson
Publisher: Wolters Kluwer Law & Business
ISBN: 1454818859
Size: 42.62 MB
Format: PDF
View: 5840
Download
Firearms Law and the Second Amendment: Regulation, Rights and Policy is the first traditional law school casebook to cover the subject, and the only casebook that provides a comprehensive treatment since the Supreme Court affirmed the constitutional right to private firearms in 2008 and extended that right to constrain state action in 2010. From the development of the constitutional right to keep and bear arms through laws governing possession and use of private firearms, this casebook covers all aspects of firearms law, policy and regulations. It is ideally suited to law school courses on firearms law, the Second Amendment, criminal law, jurisprudence and legal history. Key features: The first traditional law school casebook to cover firearms law . Comprehensive coverage of all aspects of firearms law, from its colonial origins to present-day debates. Ideally suited for a dedicated law school course in firearms law and the Second Amendment. Flexible organization makes this book, as well as individual chapters, well-suited for use in courses on constitutional law, criminal law, jurisprudence and legal history. Supplemental materials on the website - including select student papers - will be a continuing research source tracking the most current developments in firearms law, regulation, and policy.