Catalogue


Making civil rights law [electronic resource] : Thurgood Marshall and the Supreme Court, 1936-1961 /
Mark V. Tushnet.
imprint
New York : Oxford University Press, 1994.
description
xii, 399 p.
ISBN
0195084128 (Cloth)
format(s)
Book
Holdings
More Details
imprint
New York : Oxford University Press, 1994.
isbn
0195084128 (Cloth)
restrictions
Licensed for access by U. of T. users.
general note
Title from e-book title screen (viewed October 15, 2007).
catalogue key
7372161
 
Includes bibliographical references (p. 317-380) and index.
A Look Inside
About the Author
Author Affiliation
Mark V. Tushnet is Professor of Law and Associate Dean for Research and Scholarship at the Georgetown University Law Center
Full Text Reviews
Appeared in Publishers Weekly on 1994-01-03:
Though this book covers some of the same ground as more popular histories like Richard Kluger's Simple Justice , Tushnet offers a more detailed and nuanced look at the workings of NAACP Legal Defense Fund lawyers and the internal arguments at the Supreme Court. A professor at Georgetown University Law Center, Tushnet draws on a wealth of materials--including newly available documents and interviews with Marshall himself--to provide a substantial, if dry, account for students and scholars. He explains how Marshall and his team at the NAACP moved from voting rights cases to education cases, and how sociological material crucial to Brown v . Board of Education was employed in restrictive covenant cases. He also provides a thorough account of the ideas and arguments of the individual justices who heard Brown , including the decision to reach the much criticized formulation of desegregation at ``all deliberate speed.'' Marshall, observes Tushnet with judicious admiration, ``constructed the job of civil rights lawyer'' beginning in 1938, but by the late 1950s, he notes, the growth of a larger movement complete with demonstrations and boycotts made litigation less crucial to the civil rights movement. (Feb.) (c) Copyright PWxyz, LLC. All rights reserved
Appeared in Choice on 1994-06:
Tushnet (Georgetown Univ.) chronicles the events of a critical period (1936-61) in the struggle for racial equality in America by focusing on the key role played by Thurgood Marshall as the leading attorney for the NAACP Legal Defense Fund. Threaded through the narrative are two themes: the strategy and tactics involved in initiating and organizing litigation; and analysis of the judicial function and manner in which the Supreme Court arrives at a final decision. After carefully recounting the legal environment leading to Brown v. Board of Education (1954-55), he concentrates on Brown itself including Marshall's strategy, oral arguments, the exchange of views among the justices, the decision, and its aftermath--resistance escalating from passive to massive, then to defiance, and finally compliance. In that momentous time of social upheaval in which a culture of official racial discrimination was reversed, many actors played a role, but Marshall's leadership was paramount. In the author's view Marshall inspired confidence, motivated his legal staff, and never wavered in his insistence on change through law. Although critical of the Framers' compromise with slavery in the Constitution, Marshall's response to a reporter's question in 1987 was: "You'll never find a better Constitution than this one, I know." Superb documentation, including interviews, letters, and manuscript collections. Advanced undergraduate through faculty. R. J. Steamer; emeritus, University of Massachusetts at Boston
Reviews
Review Quotes
"A monumental and fascinating piece of research written in language that you too can understand."--Nina Totenberg, Legal Affairs Correspondent, National Public Radio and ABC News Nightline
"A monumental and fascinating piece of research written in language that you too can understand."--Nina Totenberg, Legal Affairs Correspondent, National Public Radio and ABC News Nightline "Dramatic and moving....Replete with new information and insights about Marshall and his times....The Marshall that rises from the pages of this book was a brilliant lawyer, a shrewd strategist and a prodigious psychologist."--Chicago Tribune "Superb documentation, including interviews, letters, and manuscript collections."--Choice "An absorbing account of the legal struggles, led by Thurgood Marshall, to achieve civil rights for African Americans....An important and well-told account of the often-neglected legal struggle for civil rights."--Kirkus Reviews "This is a sobering, serious, historically significant work that should be read by every law student, lawyer and judge in America. Journalists, educators and other persons who shape public policy, will gain insights of inestimable value. Moreover, as South Africa and other nations struggle to insert human rights and and civil rights values into their domestic laws, the lessons to be learned from Thurgood Marshall, as chronicled in this remarkable book, assume even greater importance."--Nathaniel R. Jones, Circuit Judge, United States Court of Appeals for the Sixth Circuit "This is the definitive account of the legal crusade that triggered a social revolution. Thurgood Marshall's skills as an advocate are detailed with care and insight. Had he never held public office, he would have been one of the most important lawyers in American history, and Mark Tushnet's book demonstrates why."--Dennis J. Hutchinson, Editor, The Supreme Court Review, The University of Chicago "Mark Tushnet's wonderful book makes possible a full accounting of the enormous debt we owe to Thurgood Marshall. By telling the compelling story of Marshall the civil rights lawyer, Tushnet's book reminds us that Thurgood Marshall would have been a giant if he had never served a day on the Court. For students of the Court, Tushnet provides an invaluable insight into the NAACP legal strategy that led to a constitutional revolution."--Burt Neuborne, New York University School of Law "A superb book. Based on careful excavation of the archival record, Tushnet focuses on Marshall's career as the guiding presence of the NAACP Legal Defense Fund. Tushnet evokes the often harrowing circumstances under which Marshall worked and makes clear the true heroism of his achievement as a lawyer who truly was, at the same time, a primary maker of our civil rights law. Along the way, Tushnet also offers a first-rate history of the Supreme Court's confrontation with the legal problems posed by the discriminatory regime that Marshall devoted his life to attacking."--Sanford Levinson, University of Texas School of Law at Austin "Extraordinarily valuable for its account of the deliberations of the Supreme Court in the vital cases brought to it by Thurgood Marshall. All readers will gain important insights into the workings of the Court and how it was influenced by the strategic decisions made by Marshall and his colleagues at the NAACP Legal Defense Fund."--Charles Stephen Ralston, Senior Staff Attorney, NAACP Legal Defense and Educational Fund, Inc. "Detailed and nuanced."--Publisher's Weekly
"A monumental and fascinating piece of research written in language that you too can understand."--Nina Totenberg, Legal Affairs Correspondent , National Public Radio and ABC News Nightline "Dramatic and moving....Replete with new information and insights about Marshall and his times....The Marshall that rises from the pages of this book was a brilliant lawyer, a shrewd strategist and a prodigious psychologist."-- Chicago Tribune "Superb documentation, including interviews, letters, and manuscript collections."-- Choice "An absorbing account of the legal struggles, led by Thurgood Marshall, to achieve civil rights for African Americans....An important and well-told account of the often-neglected legal struggle for civil rights."-- Kirkus Reviews "This is a sobering, serious, historically significant work that should be read by every law student, lawyer and judge in America. Journalists, educators and other persons who shape public policy, will gain insights of inestimable value. Moreover, as South Africa and other nations struggle to insert human rights and and civil rights values into their domestic laws, the lessons to be learned from Thurgood Marshall, as chronicled in this remarkable book, assume even greater importance."--Nathaniel R. Jones, Circuit Judge, United States Court of Appeals for the Sixth Circuit "This is the definitive account of the legal crusade that triggered a social revolution. Thurgood Marshall's skills as an advocate are detailed with care and insight. Had he never held public office, he would have been one of the most important lawyers in American history, and Mark Tushnet's book demonstrates why."--Dennis J. Hutchinson, Editor, The Supreme Court Review , The University of Chicago "Mark Tushnet's wonderful book makes possible a full accounting of the enormous debt we owe to Thurgood Marshall. By telling the compelling story of Marshall the civil rights lawyer, Tushnet's book reminds us that Thurgood Marshall would have been a giant if he had never served a day on the Court. For students of the Court, Tushnet provides an invaluable insight into the NAACP legal strategy that led to a constitutional revolution."--Burt Neuborne, New York University School of Law "A superb book. Based on careful excavation of the archival record, Tushnet focuses on Marshall's career as the guiding presence of the NAACP Legal Defense Fund. Tushnet evokes the often harrowing circumstances under which Marshall worked and makes clear the true heroism of his achievement as a lawyer who truly was, at the same time, a primary maker of our civil rights law. Along the way, Tushnet also offers a first-rate history of the Supreme Court's confrontation with the legal problems posed by the discriminatory regime that Marshall devoted his life to attacking."--Sanford Levinson, University of Texas School of Law at Austin "Extraordinarily valuable for its account of the deliberations of the Supreme Court in the vital cases brought to it by Thurgood Marshall. All readers will gain important insights into the workings of the Court and how it was influenced by the strategic decisions made by Marshall and his colleagues at the NAACP Legal Defense Fund."--Charles Stephen Ralston, Senior Staff Attorney, NAACP Legal Defense and Educational Fund, Inc. "Detailed and nuanced."-- Publisher's Weekly
"A monumental and fascinating piece of research written in language that you too can understand."--Nina Totenberg,Legal Affairs Correspondent,National Public RadioandABC News Nightline "Dramatic and moving....Replete with new information and insights about Marshall and his times....The Marshall that rises from the pages of this book was a brilliant lawyer, a shrewd strategist and a prodigious psychologist."--Chicago Tribune "Superb documentation, including interviews, letters, and manuscript collections."--Choice "An absorbing account of the legal struggles, led by Thurgood Marshall, to achieve civil rights for African Americans....An important and well-told account of the often-neglected legal struggle for civil rights."--Kirkus Reviews "This is a sobering, serious, historically significant work that should be read by every law student, lawyer and judge in America. Journalists, educators and other persons who shape public policy, will gain insights of inestimable value. Moreover, as South Africa and other nations struggle to insert human rights and and civil rights values into their domestic laws, the lessons to be learned from Thurgood Marshall, as chronicled in this remarkable book, assume even greater importance."--Nathaniel R. Jones,Circuit Judge, United States Court of Appeals for the Sixth Circuit "This is the definitive account of the legal crusade that triggered a social revolution. Thurgood Marshall's skills as an advocate are detailed with care and insight. Had he never held public office, he would have been one of the most important lawyers in American history, and Mark Tushnet's book demonstrates why."--Dennis J. Hutchinson, Editor,The Supreme Court Review, The University of Chicago "Mark Tushnet's wonderful book makes possible a full accounting of the enormous debt we owe to Thurgood Marshall. By telling the compelling story of Marshall the civil rights lawyer, Tushnet's book reminds us that Thurgood Marshall would have been a giant if he had never served a day on the Court. For students of the Court, Tushnet provides an invaluable insight into the NAACP legal strategy that led to a constitutional revolution."--Burt Neuborne,New York University School of Law "A superb book. Based on careful excavation of the archival record, Tushnet focuses on Marshall's career as the guiding presence of the NAACP Legal Defense Fund. Tushnet evokes the often harrowing circumstances under which Marshall worked and makes clear the true heroism of his achievement as a lawyer who truly was, at the same time, a primary maker of our civil rights law. Along the way, Tushnet also offers a first-rate history of the Supreme Court's confrontation with the legal problems posed by the discriminatory regime that Marshall devoted his life to attacking."--Sanford Levinson,University of Texas School of Law at Austin "Extraordinarily valuable for its account of the deliberations of the Supreme Court in the vital cases brought to it by Thurgood Marshall. All readers will gain important insights into the workings of the Court and how it was influenced by the strategic decisions made by Marshall and his colleagues at the NAACP Legal Defense Fund."--Charles Stephen Ralston,Senior Staff Attorney, NAACP Legal Defense and Educational Fund, Inc. "Detailed and nuanced."--Publisher's Weekly
"A monumental and fascinating piece of research written in language thatyou too can understand."--Nina Totenberg, Legal Affairs Correspondent, NationalPublic Radio and ABC Nightline
"An absorbing account of the legal struggles, led by Thurgood Marshall, to achieve civil rights for African Americans....An important and well-told account of the often-neglected legal struggle for civil rights."--Kirkus Reviews
"An absorbing account of the legal struggles, led by Thurgood Marshall, toachieve civil rights for African Americans....An important and well-told accountof the often-neglected legal struggle for civil rights."--Kirkus Reviews
"A superb book. Based on careful excavation of the archival record, Tushnet focuses on Marshall's career as the guiding presence of the NAACP Legal Defense Fund. Tushnet evokes the often harrowing circumstances under which Marshall worked and makes clear the true heroism of his achievement asa lawyer who truly was, at the same time, a primary maker of our civil rights law. Along the way, Tushnet also offers a first-rate history of the Supreme Court's confrontation with the legal problems posed by the discriminatory regime that Marshall devoted his life to attacking."--Sanford Levinson,University of Texas School of Law at Austin
"A superb book. Based on careful excavation of the archival record,Tushnet focuses on Marshall's career as the guiding presence of the NAACP LegalDefense Fund. Tushnet evokes the often harrowing circumstances under whichMarshall worked and makes clear the true heroism of his achievement as a lawyerwho truly was, at the same time, a primary maker of our civil rights law. Alongthe way, Tushnet also offers a first-rate history of the Supreme Court'sconfrontation with the legal problems posed by the discriminatory regime thatMarshall devoted his life to attacking."--Sanford Levinson, University of TexasSchool of Law at Austin
"Detailed and nuanced."--Publisher's Weekly
"Dramatic and moving....Replete with new information and insights about Marshall and his times....The Marshall that rises from the pages of this book was a brilliant lawyer, a shrewd strategist and a prodigious psychologist."--Chicago Tribune
"Dramatic and moving....Replete with new information and insights aboutMarshall and his times....The Marshall that rises from the pages of this bookwas a brilliant lawyer, a shrewd strategist and a prodigiouspsychologist."--Chicago Tribune
"Extraordinarily valuable for its account of the deliberations of the Supreme Court in the vital cases brought to it by Thurgood Marshall. All readers will gain important insights into the workings of the Court and how it was influenced by the strategic decisions made by Marshall and hiscolleagues at the NAACP Legal Defense Fund."--Charles Stephen Ralston, Senior Staff Attorney, NAACP Legal Defense and Educational Fund, Inc.
"Mark Tushnet's wonderful book makes possible a full accounting of the enormous debt we owe to Thurgood Marshall. By telling the compelling story of Marshall the civil rights lawyer, Tushnet's book reminds us that Thurgood Marshall would have been a giant if he had never served a day on theCourt. For students of the Court, Tushnet provides an invaluable insight into the NAACP legal strategy that led to a constitutional revolution."--Burt Neuborne, New York University School of Law
"Mark Tushnet's wonderful book makes possible a full accounting of theenormous debt we owe to Thurgood Marshall. By telling the compelling story ofMarshall the civil rights lawyer, Tushnet's book reminds us that ThurgoodMarshall would have been a giant if he had never served a day on the Court. Forstudents of the Court, Tushnet provides an invaluable insight into the NAACPlegal strategy that led to a constitutional revolution."--Burt Neuborne, NewYork University School of Law
"Superb documentation, including interviews, letters, and manuscript collections."--Choice
"Superb documentation, including interviews, letters, and manuscriptcollections."--Choice
"This is a sobering, serious, historically significant work that should beread by every law student, lawyer and judge in America. Journalists, educatorsand other persons who shape public policy, will gain insights of inestimablevalue. Moreover, as South Africa and other nations struggle to insert humanrights and and civil rights values into their domestic laws, the lessons to belearned from Thurgood Marshall, as chronicled in this remarkable book, assumeeven greater importance."--Nathaniel R. Jones, Circuit Judge, United StatesCourt of Appeals for the Sixth Circuit
"This is a sobering, serious, historically significant work that should be read by every law student, lawyer and judge in America. Journalists, educators and other persons who shape public policy, will gain insights of inestimable value. Moreover, as South Africa and other nations struggle toinsert human rights and civil rights values into their domestic laws, the lessons to be learned from Thurgood Marshall, as chronicled in this remarkable book, assume even greater importance."--Nathaniel R. Jones, Circuit Judge, United States Court of Appeals for the Sixth Circuit
"This is the definitive account of the legal crusade that triggered a social revolution. Thurgood Marshall's skills as an advocate are detailed with care and insight. Had he never held public office, he would have been one of the most important lawyers in American history, and Mark Tushnet'sbook demonstrates why."--Dennis J. Hutchinson, Editor, The Supreme Court Review, The University of Chicago
"This is the definitive account of the legal crusade that triggered asocial revolution. Thurgood Marshall's skills as an advocate are detailed withcare and insight. Had he never held public office, he would have been one of themost important lawyers in American history, and Mark Tushnet's book demonstrateswhy."--Dennis J. Hutchinson, Editor, The Supreme Court Review, The University ofChicago
This item was reviewed in:
Kirkus Reviews, December 1993
Publishers Weekly, January 1994
Choice, June 1994
To find out how to look for other reviews, please see our guides to finding book reviews in the Sciences or Social Sciences and Humanities.
Summaries
Long Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
Main Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther Kingcould march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation ofpublic graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new informationabout the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued amongthemselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy ofThurgood Marshall and the NAACP.
Table of Contents
Prologue: "You'll Never Find a Better Constitution"p. 3
Setting the Stage: Baltimore and the NAACPp. 6
"No Star Performance": The Office in the 1940sp. 20
"You Did All You Could ...": Routine Work in the 1940sp. 42
"A Negro on Trial for His Life": Criminal Law and Race Discriminationp. 56
The "Increasing Power" of Private Discriminationp. 67
"A Carefully Planned Program": Attacking Restrictive Covenantsp. 81
"Interference with the Effective Choice of the Voters": Challenging the White Primaryp. 99
"Passing Through a Transition": Education Cases, 1939-1945p. 116
To "Determine the Future Course of Litigation": Making the Record on Segregated Universitiesp. 126
"Replete with Road Markings": The Supreme Court Deals with Segregated Universitiesp. 137
"A Direct Challenge of the Segregation Statutes": Making the Record in Brownp. 150
"Behind This Are Certain Facts of Life": The Law in Brownp. 168
"Boldness Is Essential But Wisdom Indispensable": Inside the Supreme Courtp. 187
"Quietly Ignoring Facts": Examining Historyp. 196
"When They Produce Reasons for Delay": Devising the Remedyp. 217
To "Open the Doors of All Schools": Passive Resistance to Brown, 1955-1961p. 232
"Civil Rights ... Civil Wrongs": Massive Resistance to Brown, 1955-1961p. 247
The "Battle Between the Sovereigns": Violent Resistance to Brown, 1955-1961p. 257
"An Act to Make It Difficult ... to Assert the Constitutional Rights of Negroes": The Attack on the Lawyers, 1955-1961p. 272
"A Mortal Blow from Which They Will Never Recover": The Attack on the NAACP, 1955-1961p. 283
"I'd Kind of Outlived My Usefulness": The Changing Context of Civil Rights Litigationp. 301
Epilogue: "Power, not Reason"p. 314
Notesp. 317
Bibliographyp. 371
Table of Casesp. 381
Indexp. 385
Table of Contents provided by Syndetics. All Rights Reserved.

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