DOCSLIB.ORG

Reconsidering Brandeis As People's Lawyer

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Reconsidering Brandeis As People's Lawyer Article Elusive Advocate: Reconsidering Brandeis as People's Lawyer Clyde Spillenger t CONTENTS INTRODUCTION: BRANDEIS AND THE LAwYERING IDEAL .......... 1447 I. BRANDEIS AND REFORM POLITICS: THE POWER OF NONAFFILIATION ........................ 1451 A. Brandeis and Mugwump Political Culture .............. 1452 B. Fusing the Self and the Whole: Brandeis, "Interest," and Progressive Political Culture .................... 1463 II. BRANDEIS AND LAWYERING: THE DILEMMA OF REPRESENTATION ............... ...... 1470 A. Images of Brandeis as Lawyer ................ ...... 1471 1. The People's Attorney ................... ...... 1471 2. The Mediator ......................... ...... 1473 3. The Independent Lawyer ................. ...... 1474 B. The Uses of Unpaid Lawyering ............... ...... 1477 1. "I Want to Be Free".................... ...... 1478 t Acting Professor of Law, University of California, Los Angeles. Internet address: [email protected]. Portions of this Article were ventilated at the Conference on Jews and the Law in the United States, held in November 1991 at the University of Wisconsin; at the Yale Legal History Forum in February 1992; at the 1993 Annual Meeting of the Law and Society Association in Chicago; and at the February 1995 meeting of the UCLA Law School Thespians. Of the many who have helped me with this Article, I want especially to thank Rick Abel, Susan Carle, David Brion Davis, Catherine L. Fisk, Robert Goldstein, Laura G6mez, Hendrik Hartog, Gillian Lester, Jerry L6pez, Karen Mathews, Carrie Menkel-Meadow, Emily Powell, Tanina Rostain, Bill Thomson, and Steve Yeazell. I am grateful for financial support provided by the UCLA School of Law Dean's Fund, the UCLA Academic Senate, and the Keck Foundation, sponsor of the Faculty Workshop on Legal Ethics at UCLA School of Law in the Fall of 1993. 1445 1446 The Yale Law Journal [Vol. 105: 1445 2. The New England Policy-Holders' Protective Committee ......................... 1480 3. The Sliding-Scale Gas Affair .................... 1482 C. "Representation" and "Standing" in the Public Sphere .... 1487 D. The 1916 Confirmation Hearings: The Lawyer as Judge .... 1498 1. The Lennox Case: Representing the Situation ........ 1502 2. The ICC Rate Matter: Representing the Public ....... 1511 3. The United Shoe Machinery Matter: Dividing Public and Private .................... 1517 IMI. LAWYERING VISIONS AND THE MEANING OF BRANDEIS ....... 1522 A. Independence, Loyalty, and Dialogue ................. 1522 B. The Meaning of Brandeis ......................... 1529 CONCLUSION ........................................ 1534 1996] Elusive Advocate 1447 If I know your sect I anticipate your argument. I hear a preacher announce for his text and topic the expediency of one of the institutions of his church. Do I not know beforehand that not possibly can he say a new and spontaneous word? Do I not know that with all this ostentation of examining the grounds of the institution he will do no such thing? Do I not know that he is pledged to himself not to look but at one side, the permitted side, not as a man, but as a parish minister? He is a retained attorney, and these airs of the bench are the emptiest affectation. -Emerson, Self-Reliance' I would rather have clients than be somebody's lawyer. 2 -Louis D. Brandeis INTRODUCTION: BRANDEIS AND THE LAWYERING IDEAL No one holds a surer place in American legal iconography than Louis D. Brandeis. And, unlike most celebrated jurists, Brandeis is almost as revered for his exploits as a lawyer as for his judicial works. Brandeis's biographers regularly call attention to the public spirit and daring he displayed as "the people's attorney.",3 Scholarly critics of mainstream legal professionalism likewise point approvingly to Brandeis's approach to the practice of law, sometimes citing it as an alternative to the crabbed and uninspiring ethic that is said to dominate American legal practice.4 Since academic writing on lawyering has a characteristic concern with praxis, emphasizing norms of lawyer behavior (unlike, say, scholarship on constitutional law, whose content is mostly propositional), these paeans to Brandeis have the instructional tone 1. RALPH WALDO EMERSON, Self-Reliance, in THE PORTABLE EMERSON 138, 144 (Carl Bode & Malcolm Cowley eds., 2d ed. 1981) [hereinafter EMERSON, Self-Reliance]. 2. Quoted in Ernest Poole, Brandeis: A Remarkable Record of Unselfish Work Done in the Public Interest, Foreword to LOUIS D. BRANDEIS, BUSINESS-A PROFESSION at ix, 1-li (1914) [hereinafter Poole, Foreword]. 3. See ALPHEUS THOMAS MASON, BRANDEIS: A FREE MAN'S LIFE 77-95 (1946) [hereinafter MASON, FREE MAN'S LIFE]; ALPHEUS THOMAS MASON, BRANDEIS: LAWYER AND JUDGE IN THE MODERN STATE 14-39 (1933); PHILIPPA STRUM, Louis D. BRANDEIS: JUSTICE FOR THE PEOPLE 30-41 (1984) [hereinafter STRUM, JUSTICE FOR THE PEOPLE]; PHILIPPA STRUM, BRANDEIS: BEYOND PROGRESSIVISM 49-64 (1993) [hereinafter STRUM, BEYOND PROGRESSIVISM]; MELVIN I. UROFSKY, A MIND OF ONE PIECE: BRANDEIS AND AMERICAN REFORM 17-42 (1971) [hereinafter UROFSKY, A MIND OF ONE PIECE]. 4. Anotable example is DAVID LUBAN, LAWYERS AND JUSTICE: AN ETHICAL STUDY at xxiii, 169-74, 237-38 (1988) [hereinafter LUBAN, LAWYERS AND JUSTICE]. I discuss the treatment of Brandeis by lawyering scholars in greater detail in Part II, especially in the text accompanying notes 83-107. 1448 The Yale Law Journal [Vol. 105: 1445 of "edifying" literature. They invariably leave the reader with the message that, if she is a lawyer, she would do well to emulate Brandeis. The reasons for Brandeis's heroic stature, the building blocks of his reputation as "the people's lawyer," are familiar. As an attorney who was both fabulously successful and deeply committed to the public interest, he is a consoling reminder that one can "do good while doing well."6 He made a policy of refusing compensation for legal work that he thought raised "public" issues, a practice that speaks to our own sanctification of pro bono services. He is supposed to have scrutinized potential clients with a careful eye, refusing to handle cases in whose justness he did not believe and sternly commanding clients to refrain from taking manifestly antisocial positions in their legal disputes. During the Senate hearings on his nomination to the U.S. Supreme Court in 1916,' he faced fierce accusations that he had violated legal-ethical norms in his law practice, which is generally taken to mean that his ethical standards were superior, or at least visionary. He was the original "counsel for the situation," an appealing phrase whose provenance I will explore in some detail. His 1905 address "The Opportunity in the Law"-urging lawyers to stand "between the wealthy and the people, prepared to curb the excesses of either" 8-is cited or excerpted in virtually every introductory casebook on professional responsibility. 9 And, most significantly, a good deal of detail adorns the account of Brandeis's heroics. In general, we have little information about the dilemmas lawyers face in their day-to-day encounters with clients and others, and the way in which they navigate those dilemmas.'0 But, largely because the 1916 hearings aired many episodes in Brandeis's lawyering career, we may learn about his lawyering methods from fact rather than myth. 5. 1 use the term "edifying" in its sense of offering guidance for spiritual and moral improvement. See Richard A. Posner, Judicial Biography, 70 N.Y.U. L. REV. 502, 503 (1995). 6. See CHARLES W. WOLFRAM, MODERN LEGAL ETHICS § 16.8, at 946 (1986) [hereinafter WOLFRAM, MODERN LEGAL ETHICS]. 7. See Nomination of Louis D. Brandeis: Hearings on the Nomination of Louis D. Brandeis to be an Associate Justice of the Supreme Court of the United States Before the Subcomm. of the Senate Comm. on the Judiciary., 64th Cong., IstSess. (1916). These hearings may also be found in 1-3 ROY M. MERSKY & J. MYRON JACOBSTEIN, THE SUPREME COuRT OF THE UNITED STATES: HEARINGS AND REPORTS ON SUCCESSFUL AND UNSUCCESSFUL NOMINATIONS OF SUPREME COURT JUSTICES BY THE SENATE JUDICIARY COMMITTEE, 1916-1975 (1977). Subsequent citations to the nomination hearings will be to the Mersky and Jacobstein compilation. 8. Louis D. Brandeis, The Opportunity in the Law, 39 AM. L. REv. 555, 559 (1905), reprinted in BRANDEIS, BUSINESS-A PROFESSION, supra note 2, at 329, 337 [hereinafter Brandeis, Opportunity in the Law]. 9. See infra note 85. 10. But see William L.E Felstiner & Austin Sarat, Enactments of Power: Negotiating Reality and Responsibility in Lawyer-Client Interactions,77 CORNELL L. REv. 1447 (1992); Austin Sarat & William L.F. Felstiner, Lawyers and Legal Consciousness: Law Talk in the Divorce Lawyer's Office, 98 YALE L.J. 1663 (1989); Robert L. Nelson, Ideology, Practice,and ProfessionalAutonomy: Social Values and Client Relationships in the Large Law Firm, 37 STAN. L. Rv. 503 (1985); Lucie E. White, Subordination, RhetoricalSurvival Skills, andSunday Shoes: Notes on the Hearingof Mrs. G., 38 BUFF. L. REv. 1 (1990) [hereinafter White, Sunday Shoes]. One might, in addition, draw upon personal memoirs and other sources to develop historical portraits of particular lawyer-client interactions. But, because of his fame and stature, episodes in Brandeis's law practice seem almost uniquely destined for parable. 1996] Elusive Advocate 1449 In this Article, I take a different view of Brandeis as lawyer. Most writers treating the subject have celebrated Brandeis's fierce independence from the constraining hand of powerful clients and his humanity in encouraging
Load more

Recommended publications
  • Garland's Million: the Radical Experiment To
    October 14, 2019 To: ABF Legal History Seminar From: John Fabian Witt Re: October 23 seminar Thanks so much for looking at my drafts and coming to my session! I’m thrilled to have been invited to Chicago. I am attaching chapters 5 and 8 from my book-in-progress, tentatively titled Garland’s Million: The Radical Experiment to Save American Democracy. The book is the story of an organization known informally as the Garland Fund or formally as the American Fund for Public Service: a philanthropic foundation established in 1922 to give money to liberal and left causes. The Fund figures prominently in the history of civil rights lawyering because of its role setting in motion the early stages of the NAACP’s litigation campaign that led a quarter-century later to Brown v. Board of Education. I hope you will be able to get some sense of the project from the crucial chapters I’ve attached here. These chapters come from Part 2 of the book. Part 1 focuses on Roger Baldwin, the founder of the ACLU and the principal energy behind the Fund. Part 2 (including the chapters here) focuses on James Weldon Johnson, who ran the NAACP during the 1920s and was a board member of the Fund. Parts 3 and 4 turn respectively to Elizabeth Gurley Flynn (a labor radical on the board) and Felix Frankfurter, who in the 1920s served as a key outside consultant and counsel to the Fund. To set the stage, readers have learned in Part 1 about Baldwin as a disillusioned reformer, who advocated progressive programs like the initiative and referendum only to see direct democracy produce a wave of white supremacist initiatives.
    [Show full text]
  • Gold Democrats and the Decline of Classical Liberalism, 1896–1900
    SUBSCRIBE NOW AND RECEIVE CRISIS AND LEVIATHAN* FREE! “The Independent Review does not accept “The Independent Review is pronouncements of government officials nor the excellent.” conventional wisdom at face value.” —GARY BECKER, Noble Laureate —JOHN R. MACARTHUR, Publisher, Harper’s in Economic Sciences Subscribe to The Independent Review and receive a free book of your choice* such as the 25th Anniversary Edition of Crisis and Leviathan: Critical Episodes in the Growth of American Government, by Founding Editor Robert Higgs. This quarterly journal, guided by co-editors Christopher J. Coyne, and Michael C. Munger, and Robert M. Whaples offers leading-edge insights on today’s most critical issues in economics, healthcare, education, law, history, political science, philosophy, and sociology. Thought-provoking and educational, The Independent Review is blazing the way toward informed debate! Student? Educator? Journalist? Business or civic leader? Engaged citizen? This journal is for YOU! *Order today for more FREE book options Perfect for students or anyone on the go! The Independent Review is available on mobile devices or tablets: iOS devices, Amazon Kindle Fire, or Android through Magzter. INDEPENDENT INSTITUTE, 100 SWAN WAY, OAKLAND, CA 94621 • 800-927-8733 • [email protected] PROMO CODE IRA1703 Gold Democrats and the Decline of Classical Liberalism, 1896–1900 —————— ✦ —————— DAVID T. BEITO AND LINDA ROYSTER BEITO n 1896 a new political party was born, the National Democratic Party (NDP). The founders of the NDP included some of the leading exponents of classical I liberalism during the late nineteenth century. Few of those men, however, fore- saw the ultimate fate of their new party and of the philosophy of limited government that it championed.
    [Show full text]
  • Moorfield Storey Papers [Finding Aid]. Library of Congress
    Moorfield Storey Papers A Finding Aid to the Collection in the Library of Congress Manuscript Division, Library of Congress Washington, D.C. 2008 Revised 2010 April Contact information: http://hdl.loc.gov/loc.mss/mss.contact Additional search options available at: http://hdl.loc.gov/loc.mss/eadmss.ms008091 LC Online Catalog record: http://lccn.loc.gov/mm78041632 Prepared by Esther Coles and Joseph Sullivan Revised by Patrick Kerwin Collection Summary Title: Moorfield Storey Papers Span Dates: 1876-1929 ID No.: MSS41632 Creator: Storey, Moorfield, 1845-1929 Extent: 2,500 items ; 22 containers ; 10.8 linear feet Language: Collection material in English Location: Manuscript Division, Library of Congress, Washington, D.C. Summary: Author, civil rights leader, and lawyer. Correspondence, articles, lecture notes, petitions, press releases, clippings, photographs, scrapbooks, and other papers relating chiefly to Storey's years as president of the National Association for the Advancement of Colored People and his interest in the Anti-Imperialist League. Selected Search Terms The following terms have been used to index the description of this collection in the Library's online catalog. They are grouped by name of person or organization, by subject or location, and by occupation and listed alphabetically therein. People Adams, Charles Francis, 1835-1915--Correspondence. Borah, William Edgar, 1865-1940--Correspondence. Emerson, Ralph Waldo, 1803-1882. Ralph Waldo Emerson journal. Hughes, Charles Evans, 1862-1948--Correspondence. Johnson, James Weldon, 1871-1938--Correspondence. King, Judson, 1872-1958--Correspondence. McAdoo, W. G. (William Gibbs), 1863-1941--Correspondence. Ovington, Mary White, 1865-1951--Correspondence. Spingarn, Joel Elias, 1875-1939--Correspondence. Storey, Moorfield, 1845-1929.
    [Show full text]
  • From Buchanan to Button: Legal Ethics and the NAACP (Part II) Susan D
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Chicago Law School: Chicago Unbound The University of Chicago Law School Roundtable Volume 8 | Issue 2 Article 3 1-1-2001 From Buchanan to Button: Legal Ethics and the NAACP (Part II) Susan D. Carle Follow this and additional works at: http://chicagounbound.uchicago.edu/roundtable Recommended Citation Carle, Susan D. (2001) "From Buchanan to Button: Legal Ethics and the NAACP (Part II)," The University of Chicago Law School Roundtable: Vol. 8: Iss. 2, Article 3. Available at: http://chicagounbound.uchicago.edu/roundtable/vol8/iss2/3 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in The nivU ersity of Chicago Law School Roundtable by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. FROM BUCHANAN TO BUTToN: LEGAL ETHICS AND THE NAACP (PART D) SUSAN D. CARLEt INTRODUCTION This paper continues an inquiry I have undertaken into the relationship be- tween the NAACP's public impact litigation strategies and traditional legal ethics norms. In an earlier paper,1 I investigated the legal ethics mindset of the mem- bers of the NAACP's first national legal committee, who oversaw the organiza- tion's legal work in the period between 1910 and 1920. These lawyers were elite New York City practitioners active in bar associations that were enforcing tradi- tional legal ethics rules against errant practitioners. I showed that these lawyers championed "test case" 2 litigation strategies that were at odds with traditional legal ethics rules prohibiting client solicitation, advertising, and barratry or "stir- ring up" litigation.
    [Show full text]
  • Du Bois, the NAACP, and the Pan-African Congress of 1919 Author(S): Clarence G
    Du Bois, the NAACP, and the Pan-African Congress of 1919 Author(s): Clarence G. Contee Source: The Journal of Negro History , Jan., 1972, Vol. 57, No. 1 (Jan., 1972), pp. 13-28 Published by: The University of Chicago Press on behalf of the Association for the Study of African American Life and History Stable URL: https://www.jstor.org/stable/2717070 JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Association for the Study of African American Life and History and The University of Chicago Press are collaborating with JSTOR to digitize, preserve and extend access to The Journal of Negro History This content downloaded from 130.58.64.51 on Thu, 11 Feb 2021 17:10:40 UTC All use subject to https://about.jstor.org/terms DU BOIS, THE NAACP, AND THE PAN-AFRICAN CONGRESS OF 1919 by Clarence G. Contee Clarence G. Contee is Associate Professor of History at Howard University. One of the great contributions of W. E. Burghardt Du Bois (1868-1963) to the growth of organized Pan-Africanism was the "revival" of the move- ment, which seemed moribund, as his Pan-African Congress convened in Paris in February, 1919.
    [Show full text]
  • Re-Envisioning Models for Pro Bono Lawyering: Some Historical Reflections Susan D
    Journal of Gender, Social Policy & the Law Volume 9 | Issue 1 Article 13 2001 Re-Envisioning Models for Pro Bono Lawyering: Some Historical Reflections Susan D. Carle Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Legal Profession Commons Recommended Citation Carle, Susan D. "Re-Envisioning Models for Pro Bono Lawyering: Some Historical Reflections." American University Journal of Gender Social Policy and Law 9, no. 1 (2001): 81-96. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Carle: Re-Envisioning Models for Pro Bono Lawyering: Some Historical Ref CARLE.FINAL 3/7/01 8:51 PM RE-ENVISIONING MODELS FOR PRO BONO LAWYERING: SOME HISTORICAL REFLECTIONS SUSAN D. CARLE* Pro bono publico: literally, for the public good. ABA Model Rule of Professional Conduct 6.1(a) defines this term as the provision of legal representation without a fee to persons of limited means.1 In my remarks I want to explore an implicit dichotomy underlying this definition of pro bono work--namely, the way it sets up a rigid binary opposition between public and private, and also between altruism and self-help. I’m going to take a somewhat provocative position and argue that this understanding of pro bono law is based in outmoded, early twentieth century ideas that do not serve us well today.
    [Show full text]
  • Copps, Jane, Ed. Ethnic and Minority Studies Review.Volume 1
    DOCUMENT RESUME ED 073 200 UD 013 257 AUTHCR Lederer, Norman, Ed.; Copps,Jane, Ed. TITLE Ethnic and Minority Studies Review.Volume 1, Number 1. -INSTITUTION Wisconsin Univ., Stevens Point. Ethnicand Minority Studies Center. PUB DATE 72 NOTE 68p. JOURNAL CIT Ethnic and Minority Studies Review; v1n1 Fall-Win 1972-1973 EDRS PRICE MF-$0.65 HC-$3.29 DESCRIPTORS American History; American Indians;Curriculum Development; *Ethnic Studies; Immigrants;Industry; *Literature Reviews; Mexican Americans;*Minority Groups; Negro History; Racial Discrimination;Racism; Slavery; *Social Sciences; *UnitedStates History ABSTRACT This document'is the first issue ofthe University of Wisconsin System "Ethnic and MinorityStudies Review," which represents an effort to bring to the attentionof the people of Wisconsin and elsewherean awareness of the work that is being done in the area of ethnic and minorityand women's studies, especially within Wisconsin, along with reviewsof books dealing with these subjects to aid faculty and laypersonsin their- efforts to keep abreast of the multitude of publicationsin these studies. Contents include the following articles:"The Angry Chicano," A.R. Sunseri; "Immigrant studies at Oshkosh," A.W.Andersen; "A multidisciplinary approach to ethnic and minority studies,"D. Martin; "Recent works in native American studies:a review essay," G. Sieber; "Racial policies in American industry:a review essay," J.D. Norris; and "Eighteenth century slavery in the British colonies:a review essay," W.M. Wiecek. Twenty books are reviewed,dealing with such topicsas the life of Henry Wilson, the oratory of twentieth century Negroleaders, the Maryland Germans, the diary ofWilliam Johnson, letters from Negro soldiers, 1898 -1902,.scientificattittides of racial inferiority, 1859-1900, racismin California, the abolitionist tradition, the demography of Boston,1830-1860, the Germans of Nebraska, and other topics.(Author/JM) &minolitY studiesreview U S DEPARTMENT OF HEALTH.
    [Show full text]
  • New Territorialism and Old Territorialism Jenny S
    Cornell Law Review Volume 99 Issue 6 September 2014 - Symposium on Article 4 Extraterritoriality New Territorialism and Old Territorialism Jenny S. Martinez Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Jenny S. Martinez, New Territorialism and Old Territorialism, 99 Cornell L. Rev. 1387 (2014) Available at: http://scholarship.law.cornell.edu/clr/vol99/iss6/4 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. \\jciprod01\productn\C\CRN\99-6\CRN604.txt unknown Seq: 1 22-SEP-14 10:34 ESSAY NEW TERRITORIALISM AND OLD TERRITORIALISM Jenny S. Martinez† INTRODUCTION .................................................1387 R I. TERRITORIALISM, NOW AND THEN ........................1390 R A. The “New Territorialism” ...........................1390 R 1. Boumediene....................................1390 R 2. Kiobel ..........................................1392 R B. The “Old Territorialism” ...........................1395 R 1. The Insular Cases ...............................1395 R 2. Moorfield Storey: Anti-Imperialist, Civil Rights Activist, and Corporate Lawyer ....................1400 R 3. The United Fruit Company .....................1403 R II. CORPORATIONS AND ACCOUNTABILITY ....................1408 R INTRODUCTION
    [Show full text]
  • The Crisis, Vol. 1, No. 6. (April, 1911)
    THE CRISIS A RECORD THE DARKER RACES Volume One APRIL, 1911 Number Six Edited by W. E. BURGHARDT DU BOIS, with the co-operation of Oswald Garrison Villard, J. Max Barber, Charles Edward Russell, Kelly Miller, W. S. Braithwaite and M. D. Maclean. Photo by Scurlock. Washington. D. C. PUBLISHED MONTHLY BY THE National Association for the Advancement oi Colored People AT TWENTY VESEY STREET NEW YORK CITY ONE DOLLAR A YEAR TEN CENTS A COPY THE NATIONAL ASSOCIATION for the ADVANCEMENT of COLORED PEOPLE OBJECT.—The National Association COMMITTEE.—Our work is car­ for the Advancement of Colored People ried on under the auspices of the follow­ is an organization composed of men and ing General Committee, in addition to the women of all races and classes who be­ officers named: lieve that the present widespread increase of prejudice against colored races and "Miss Gertrude Barnum, New York. •Rev. W. H Brooks, New York. particularly the denial of rights and Prof. John Dewey, New York. Miss Maud R. Ingersoll, New York. opportunities to ten million Americans of Mrs. Florence Kelley, New York. Negro descent is not only unjust and a *Mr. Paul Kennaday, New York. •Mrs. F. R. Keyser. New York. menace to our free institutions, but also Dr. Chas. Lenz, New York. Mr. Jacob W. Mack, New York. is a direct hindrance to World Peace "Mrs. M D. MacLean, New York. and the realization of Human Brother­ Rev. Horace G. Miller, New York. Mrs. Max Morgenthau, Jr., New York. hood. Mr. James F. Morton, Jr., New York. Mr.
    [Show full text]
  • Briefing Document
    Scholar Exchange: The Civil Rights Movement Briefing Document Scholar Exchange: The Civil Rights Movement Briefing Document INTRODUCTION When reading, learning, and teaching the Civil Rights Movement there are a few big ways that it is written about that hold back our real leaning and understanding of this moment in history and its past and connections to today: 1. Myth of Perpetual Racial Progress Has racial progress occurred in America over time? YES, however it is not a perpetual march of progress that is guaranteed. People have fought, struggled, and died. It is not just a linear arch. Steps forward and huge reverses. We are teaching good citizens. How do you create change going forward if something to know? Life does not just get better. We must all make the change. Thus, the struggle for equality takes place over centuries and requires continual work in the face of violent opposition. Change is contingent on action—in words, in laws, in resistance, and in hearts and minds. 2. What is the Master Narrative? You cannot teach the civil rights movement without teaching about Dr. Martin Luther King Jr. Our goal is to learn about the man, not just the hero. The real Dr. King held beliefs that evolved over time and how he was a part of a much larger movement. Learn more here. It is not just about the 1950s with Martin, Rosa, and Johnson and all wrapped up by 1965 and 1968. Center a few individuals and the National Government. We need to deconstruct that to understand how all this change at the national level happened.
    [Show full text]
  • LOC the NAACP a Century in the Fight for Freedom Teacher Guide
    teacher’s guide primary source set The NAACP: A Century in the Fight For Freedom The National Association for the Advancement of Colored People, or NAACP, is America’s oldest and largest civil rights organization. Founded in 1909, it was at the center of nearly every battle for the rights and dignity of African Americans in the twentieth century. Today, the NAACP honors its heritage of activism and continues to work for civil rights. Silent protest parade http://hdl.loc.gov/loc.pnp/cph.3a34294 Historical Background 1895 Booker T. Washington delivers a speech at the opening of the Cotton States and International Exhibition in Atlanta, Georgia. This speech calls for a moderate approach to race relations, with an emphasis on gradual economic and social advancement for African Americans. After the speech, the scholar W.E.B. DuBois sends a note to congratulate Washington on the speech. 1909 A group of white activists, including the descendants of abolitionists, issues a call for a conference to protest discrimination and violence against African Americans. Some 60 people, seven of whom are African American, sign the call, which was released on the centennial of Lincoln’s birth. The call leads to the first meeting of the National Negro Conference, held on May 31 and June 1, in New York City. 1910 The National Negro Conference adopts the name National Association for the Advancement of Colored People (NAACP). The organization names as president Moorfield Storey, a white constitutional lawyer and former president of the American Bar Association. W.E.B DuBois is selected as the director of publications and research.
    [Show full text]
  • The Crisis, Vol. 1, No.14. (November, 1910)
    THE CRISIS RECORD OF THE DARKER RACES Volume One NOVEMBER, 1910 Number One Edited by W. E. BURGHARDT DU BOIS, with the co-operation of Oswald Garrison Villard, J. Max Barber, Charles Edward Russell, Kelly Miller, W. S. Braithwaite and M. D. Maclean. CONTENTS Along the Color Line 3 Opinion .... 7 Editorial .... 10 The N. A. A. CP. 12 Athens and Browns­ ville .... 13 By MOORFIELD STOREY The Burden . 14 What to Read 15 PUBLISHED MONTHLY BY THE National Association for the Advancement of Colored People AT TWENTY VESEY STREET NEW YORK CITY ONE DOLLAR A YEAR TEN CENTS A COPY THE CRISIS AUFERTISER ONE OF THE SUREST WAYS TO SUCCEED IN LIFE IS TO TAKE A COURSE AT The Touissant Conservatory of Art and Music 253 West 134th Street NEW YORK CITY The most up-to-date and thoroughly equipped conservatory in the city. Conducted under the supervision of MME. E. TOUISSANT WELCOME The Foremost Female Artist of the Race Courses in Art Drawing, Pen and Ink Sketching, Crayon, Pastel, Water Color, Oil Painting, Designing, Cartooning, Fashion Designing, Sign Painting, Portrait Painting and Photo Enlarging in Crayon, Water Color, Pastel and Oil. Artistic Painting of Parasols, Fans, Book Marks, Pin Cushions, Lamp Shades, Curtains, Screens, Piano and Mantel Covers, Sofa Pillows, etc. Piano, Violin, Mandolin, Voice Culture and all Brass and Reed Instruments. TERMS REASONABLE Along the Color Line POLITICAL. in the convention, while Iowa, with 300,000 Re­ publicans, can cast only 26. Is it right that HE. "grandfather" clause of the Arkansas Georgia, with only 30,000 Republican voters, Constitution reads as follows: should have exactly the same number of delegates "SECTION 4a.
    [Show full text]