scholarly journals Juridical Subordination

2017 ◽  
Author(s):  
Roy L. Brooks
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Jim Crow ◽  
Civil Rights Era ◽  
The Supreme Court ◽  
Antidiscrimination Law ◽  
Competing Interest ◽  
Black Equality ◽  
Racial Progress ◽  
Race Problem

This chapter focuses on the socio-legal race problem; namely juridical subordination. The Supreme Court engages in this form of racial subordination when its rulings freeze or impede racial progress for the sake of pursuing a nonracist, competing interest. Juridical subordination most often occurs today in the name of racial progress; in other words, when the Court’s vindication of a black equality norm (such as racial omission or racial integration) in reality inhibits black advancement. Since the end of Jim Crow, the black equality interest has been defined in ways that compete not only with the civil-rights-era norms but with other legitimate norms. Focusing on cases involving antidiscrimination law and racial preference (or affirmative action) law, this chapter illustrates how the Court can avoid juridical subordination in its civil rights cases.

The Spirit of Brown

2017 ◽  
Author(s):  
Roy L. Brooks
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Legal Status ◽  
National Narrative ◽  
Racial Oppression ◽  
The Supreme Court ◽  
Racial History ◽  
Black Equality ◽  
Racial Progress ◽  
Race Problem

This chapter lays the foundation for an understanding of the socio-legal race problem and possible solutions. It begins with the Supreme Court’s inglorious racial history in which the Court, from Dred Scott up to Brown v. Board of Education, engaged in a pattern and practice of sabotaging black equality granted by Congress. Racial oppression, including the torture and murder of blacks without trial, was part of a national narrative largely written by the Supreme Court. Brown was a conscious attempt by the Court to reverse its inglorious racial past. Brown had a profound effect on racial progress, changing the legal status of blacks which in turn greatly improved their socioeconomic and socio-cultural position in our society. But the Court, in the years following this landmark decision, did not remain faithful to the spirit of Brown. It began to impede black progress through its civil rights rulings by suppressing the black equality interest litigated in those cases. This is juridical subordination, which can be resolved if the Supreme Court remains faithful to the spirit of Brown. This is good social policy.

The Age of Segregation, 1900–1950

2020 ◽  
pp. 117-152
Author(s):  
Donald G. Nieman
Keyword(s):  
World War Ii ◽  
Civil Rights ◽  
Supreme Court ◽  
Federal Government ◽  
Communist Party ◽  
Jim Crow ◽  
World War ◽  
Civil Rights Organizations ◽  
The Supreme Court ◽  
The New Deal

This chapter argues that segregation generated organized opposition from African Americans and a small group of whites that challenged the system. Segregation was rigid, capricious, and designed to demonstrate white power. While it kept most blacks in menial positions, a small black middle class emerged that produced leaders who attacked Jim Crow. The organization leading the charge was the NAACP, which developed publicity, lobbying, and litigation campaigns. The effort gained steam in the 1930s, as a cadre of black lawyers challenged segregated education, the CIO and the Communist party championed civil rights, and the New Deal gave blacks a voice in federal policy. It further accelerated during World War II as the federal government challenged workplace discrimination, membership in civil rights organizations swelled, black veterans demanded their rights, and the Supreme Court became more aggressive on civil rights.

Julius Chambers

2016 ◽  
Author(s):  
Richard A. Rosen ◽  
Joseph Mosnier
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Jim Crow ◽  
High Water ◽  
Law School ◽  
Law Firm ◽  
The Supreme Court ◽  
1960S And 1970S ◽  
The 1960S ◽  
Legal Defense

Born in the hamlet of Mount Gilead, North Carolina, Julius Chambers (1936–2013) escaped the fetters of the Jim Crow South to emerge in the 1960s and 1970s as the nation’s leading African American civil rights attorney. After blazing a unique path through the world of higher education, including becoming the first black student ever to be editor-in-chief of the law review at a historically white southern law school, Chambers was selected as the initial intern for NAACP Legal Defense and Education Fund’s civil rights internship program. Following passage of the Civil Rights Act of 1964, Chambers worked closely with LDF in forwarding the strategic litigation campaign for civil rights, with Chambers arguing and ultimately winning landmark school and employment desegregation cases at the U.S. Supreme Court. Aided by a small group of white and black attorneys and support staff which he gathered together in a truly integrated law firm, and undaunted by the dynamiting of his home and the arson that destroyed the offices of his law practice, Chambers pushed federal civil rights law to its high-water mark. This book connects the details of Chambers’s life to the wider struggle to secure racial equality through the development of modern civil rights law. Tracing his path from a dilapidated black elementary school to counsel’s lectern at the Supreme Court and beyond, the authors reveal Chambers’s singular influence on the evolution of federal civil rights law after 1964.

Federal Policy and the Racial Integration of Southern Industry, 1961–1980

1999 ◽  
Vol 11 (2) ◽  
pp. 147-178 ◽  
Author(s):  
Timothy J. Minchin
Keyword(s):  
Civil Rights ◽  
Federal Government ◽  
Civil Rights Movement ◽  
Jim Crow ◽  
Voting Rights ◽  
Racial Violence ◽  
Racial Integration ◽  
Single Issue ◽  
Civil Rights Era ◽  
Federal Intervention

In the last two decades, one of the central debates of civil rights historiography has concerned the role that the federal government played in securing the gains of the civil rights era. Historians have often been critical of the federal government's inaction, pointing out that it was only pressure from the civil rights movement itself that prompted federal action against Jim Crow. Other scholars have studied the civil rights record of the federal government by analyzing a single issue during several administrations. In this vein, there have been studies of the federal government's involvement in areas as diverse as black voting rights and racial violence against civil rights workers. These studies have both recognized the importance of federal intervention and have also been critical of the federal government's belated and half-hearted endorsement of civil rights.

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