Adaptive Affective Cognition in Literature and Its Impact on Legal Reason and Social Practice

Poetics Today ◽  
2019 ◽  
Vol 40 (3) ◽  
pp. 499-518
Author(s):  
Marshall Alcorn ◽  
Michael O’Neill

The concept of adaptive affective cognition is developed to explain the affective impact of Richard Wright’s novel Native Son on the judicial reasoning of the Brown v. Board of Education Supreme Court case of 1954. Although research in neuroscience clearly argues that affect contributes decisively to reason, few essays examine the processes, particularity, and significance of this contribution to literary experience. The authors use historical evidence to argue that the affective impact of Native Son reorganized cognitive practices authorized by segregation. Adaptive affective cognition explains the paradox of how Native Son, while triggering racist fears with the image of the violent, angry black man, also paradoxically reduced those fears.

Author(s):  
Lucas A. Powe

This chapter discusses the legal battles involving the University of Texas School of Law and its affirmative action program. In the wake of its success in 1944 in the all-white primary case, Smith v. Allwright, the Texas NAACP called for the integration of Texas's flagship university in Austin. Some months later Thurgood Marshall wrote a letter to Austin's only African American lawyer asking for information about how to apply to the UT School of Law. The chapter examines the Supreme Court case of Heman Marion Sweatt that produced a major stepping-stone toward Brown v. Board of Education, along with another case involving UT's undergraduate admissions that reaffirmed a state's right to implement affirmative action policies. In particular, it analyzes McLaurin v. Regents and Swann v. Charlotte-Mecklenburg Board of Education, along with the Texas legislature's response to Hopwood v. Texas in the form of the “10% rule.”


2019 ◽  
Vol 100 (5) ◽  
pp. 14-18
Author(s):  
Jeremy Anderson ◽  
Erica Frankenberg

Sixty-five years after the landmark U.S. Supreme Court case Brown v. Board of Education, the federal and judicial role in school desegregation has declined. In a more difficult political and legal environment, it has fallen on school districts to develop and implement voluntary integration plans through diversity-minded student assignment policies. In this article, Jeremy Anderson and Erika Frankenberg discuss how many and what types of voluntary integration policies currently exist in the U.S. and assess how effective they are at reducing racial and socioeconomic segregation.


2008 ◽  
Vol 26 (2) ◽  
pp. 415-427 ◽  
Author(s):  
Reuel E. Schiller

More than any other case from the postwar period,Brown v. Board of Educationhas captured the attention of historians and the public alike. The case itself, and the NAACP's campaign that led to it, have been the subject of books and articles beyond counting. In many history textbooks it is the only court case mentioned between the end of World War II and the early 1960s. It is one of a handful of cases that is recognized by the public at large and is surely the only Supreme Court case that has its own National Historic Site.


Author(s):  
William P. Hustwit

Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington.


2009 ◽  
Vol 13 (3) ◽  
pp. 252-261
Author(s):  
Ben Harris

In 1945 Frederick Thorne, editor of the Journal of Clinical Psychology, proposed to limit the acceptance of Jewish applicants to clinical psychology graduate schools. A public scandal erupted over this proposed limit, which was modeled on Jewish quotas in medical education. Criticized by the mass media and most psychologists, Thorne's proposal was repudiated by the Eastern Psychological Association and the Society for the Psychological Study of Social Issues. Using private correspondence, oral histories, and published articles, this mostly forgotten episode in the history of clinical psychology is recreated. It is argued that the 1945 campaign against Jewish quotas prepared activists for the 1950s campaign against racial segregation and the Brown v. Board of Education Supreme Court case. Because the participants in 1945 came from all specialties in psychology, it is suggested that this story is of significance to the field as a whole, rather than just to historians of social issues.


Author(s):  
Martin Camper

Chapter 3 explores the interpretive stasis of definition, where there is a question concerning the intended or appropriate scope of the basic sense of a term in a text. The chapter shows how rhetors, by persuasively articulating a definition and resorting to various lines of argument, can shift the meaning of passages and reframe controversies hinging on a text’s interpretation by adjusting the scope of a single term. But only linchpin terms (similar to Burke’s and Weaver’s ultimate terms) have this governing quality. The chapter’s central example consists of oral arguments from the 2010 Supreme Court case McDonald v. City of Chicago that ultimately determined US citizens have a fundamental right to bear arms. The case partly rested on whether the Fourteenth Amendment’s phrase privileges or immunities, generally protected from state infringement, includes this right within its scope. The centrality of definitional disputes to legal interpretation is also considered.


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