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Yale Graduates and Progressive Ideals at the University of Mississippi Law School, 1946-1970

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Yale Graduates and Progressive Ideals at the University of Mississippi Law School, 1946-1970 The University of Southern Mississippi The Aquila Digital Community Dissertations Spring 5-1-2015 Rebel Yale: Yale Graduates and Progressive Ideals at the University of Mississippi Law School, 1946-1970 Jennifer Paul Anderson University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/dissertations Part of the Educational Leadership Commons, Higher Education Commons, and the Other History Commons Recommended Citation Anderson, Jennifer Paul, "Rebel Yale: Yale Graduates and Progressive Ideals at the University of Mississippi Law School, 1946-1970" (2015). Dissertations. 92. https://aquila.usm.edu/dissertations/92 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi REBEL YALE: YALE GRADUATES AND PROGRESSIVE IDEALS AT THE UNIVERSITY OF MISSISSIPPI LAW SCHOOL, 1946-1970 by Jennifer Paul Anderson Abstract of a Dissertation Submitted to the Graduate School of The University of Southern Mississippi in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy May 2015 ABSTRACT REBEL YALE: YALE GRADUATES AND PROGRESSIVE IDEALS AT THE UNIVERSITY OF MISSISSIPPI LAW SCHOOL, 1946-1970 by Jennifer Paul Anderson May 2015 The University of Mississippi School of Law (Ole Miss Law) was the fourth public law school founded in the United States. The school was established to prevent men from leaving the state for legal education due to fears that they were being indoctrinated by eastern schools where ideologies were not consistent with those of Mississippi. One hundred years after her founding, Ole Miss Law entered into a period of turbulence as race and politics clashed on campus. From the time of the Brown decision through the Civil Rights Era, the deans and law professors at the law school were subjected to multiple waves of attack by members of the legislature, the Board of Trustees, the White Citizens’ Council, and private citizens. All had earned advanced law degrees at Yale University School of Law while studying under the Sterling Fellowship. However, the prestige associated with the Ivy League law school would eventually become viewed by Mississippians to be synonymous with liberalism, and progressive ideals regarding race and states’ rights were not compatible with traditional ideals held by the majority opinion of Mississippians. Using the concepts of space and place, this study explores the events that unfolded at Ole Miss Law School during this era of progressivism. This work locates the spaces and their associated ideologies as situated in and among the political and educational places of Mississippi and demonstrates that as ii race and politics in the state were inseparable, that space, place, and race co-evolved on the campus of Ole Miss Law. iii COPYRIGHT BY JENNIFER PAUL ANDERSON 2015 The University of Southern Mississippi REBEL YALE: YALE GRADUATES AND PROGRESSIVE IDEALS AT THE UNIVERSITY OF MISSISSIPPI LAW SCHOOL, 1946-1970 by Jennifer Paul Anderson A Dissertation Submitted to the Graduate School of The University of Southern Mississippi in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Approved: Dr. Thomas V. O’Brien__________ _ Committee Chair Dr. Lilian Hill________________ ___ Dr. Lin Harper__ ___ Dr. Aubrey Lucas__________ __________ Dr. Karen Coats ________________ ___ Dean of the Graduate School May 2015 DEDICATION This dissertation is dedicated to my father, Charles Paul Anderson, who taught me to live life with intent and to create a space in my heart for everyone. iv ACKNOWLEDGMENTS I would like to express my deepest appreciation to my mentors whose contributions to me and to this dissertation made it possible. First, I wish to thank my dissertation chair, Thomas O’Brien. It was he who taught me the beauty of history as a study. For that, I will never be the same person. There are not words enough to express my gratitude to him for his guidance, time, and dedication to me and to this work. More importantly, over the course of this study, he allowed me the freedom to make mistakes, and from them, to learn. To Lin Harper, you have been the greatest supporter, mentor, and friend. I cannot count the times when I questioned myself and thought of your wisdom, encouragement, and advice. Your words got me through this dissertation. I will be forever grateful. To Lilian Hill, thank you for your time and thoughtful input into my work. You brought a perspective to this dissertation that was unique and invaluable, and I am confident that my work is greater because of you. Finally, to Aubrey Lucas, for a little girl from southern Mississippi, it is a great honor to have the President Emeritus of my hometown university to serve on my dissertation committee. It is also unnerving. Thank you for your kindness throughout my doctoral work, for your guidance, and for having the confidence in me to pursue my life- long dream. v TABLE OF CONTENTS ABSTRACT………………………………………………………………………………ii DEDICATION……………………………………………………………………………iv ACKNOWLEDGMENTS………………………………………………………………...v CHAPTER I. INTRODUCTION………………………………………………………...1 Civil Rights in Ole Miss Law Statement of the Problem Justification A Review of the Literature Conceptual Framework Research Methodology Data Collection Definition of Terms Preview of Chapters II. REBEL POLITICS IN THE DEEP SOUTH………………………….…53 Single Party Politics in the Deep South The Federal Government, Education, and Civil Rights Deep South Politics Begin to Shift Black Monday, Massive Resistance, and Federal Leadership Mississippi’s Political Leaders Mississippi Democratic Freedom Party III. REBEL HISTORY, REBEL PRIDE…………………………………….89 The Birth of the Rebels American Legal Education Ole Miss Builds Political Training Ground Reconstruction in Ole Miss Law From Legal Program to Law School Higher Education in Mississippi is Invaded by Politics IV. A GENTLEMAN AND A DANGEROUS MAN……………………...111 New Leadership and Prosperity at Ole Miss Race Takes Place A Soldier Becomes a Scholar Becomes a Soldier vi Ole Miss Under Fire A Second Surge in the Attack of Professor Murphy V. THE FINAL BATTLE CRIES OF WILLIAM PATRICK MURPHY AND ROBERT J. FARLEY…………………………………………………..155 Down But Not Ousted Farley Draws Controversy Retreat Integration and Investigation A Dean Departs VI. A SAFE CHOICE TO RESTORE ORDER……………………………197 A New Dean is Named The Ole Miss Law School Un-Integrates and Flourishes Ole Miss Law, Under the Microscope of the AALS A Course for Change A New War Brews Ole Miss Captivates the Nation A Rebel Gives Notice and Racial Conditions Stir An Eagle Becomes a Rebel Conditions Worsen at Ole Miss and in the State VII. THE CHANGING OF THE GUARD………………………………….251 Inquisition A New Dean is Named—Again The Calvary Returns to Ole Miss Law Legal Battles Come to an End Ole Miss Law on Watch Unrest on Campus Once Again AAUP Censures Ole Miss The Progressive Era of Ole Miss Law Comes to an End VIII. OLE MISS IN THE AM AND OLE MISS IN THE PM………………303 And She Will Never Be the Same Political Considerations and Ole Miss Law Catharsis Constructing a New Identity at Ole Miss Law Looking through a Scope NOTES………………………………………………………………………………….348 BIBLIOGRAPHY………………………………………………………………………399 vii 1 CHAPTER I INTRODUCTION The path of James Meredith to gaining admission to the University of Mississippi (Ole Miss), which began in 1961, is perhaps the most well-known, well-documented event in the state of Mississippi’s higher education history. However, Meredith’s struggles are but a part of a larger story of the black struggle to gain access to previously all-white colleges and universities in the state. Before Meredith came the unsuccessful attempts of Charles Dubra, Medgar Evers, and Clennon King to gain admission to Ole Miss. Elsewhere, Clyde Kennard failed in his attempt to be admitted to Mississippi Southern College (now The University of Southern Mississippi),1 and thirty-eight years after the US Supreme Court ruled to end the segregation of public schools in the first Brown v. Board of Education (1954) 2 case, the high court handed down a decision that the State of Mississippi had not taken sufficient action to ensure an end to the de jure segregation of its public institutions of higher education. 3 The struggle between proponents of integration and segregation in Mississippi’s universities did not begin and end with James Meredith. Nor did the state’s institutional struggles over race and racial identity occur in isolation from the rest of the state, as politics, resistance, progressivism, and the media all have a role in these struggles. Likewise, the struggles in Mississippi’s institutions were a part of a larger national struggle to create a new racial identity 4 and of institutions to create new places and spaces of educational equality and opportunity for all races. 2 Civil Rights in Ole Miss Law Before Meredith’s admission to Ole Miss, the law school had been in upheaval because Professor William Patrick Murphy engaged in behaviors that were considered by the Board of Trustees to run counter to the state’s conservative ideals. 5 After the Brown decision, Murphy insisted— both in print and in the constitutional law class he taught at Ole Miss—that because the Brown decision was the law, universities would have to comply and integrate. In addition, Murphy was a member of the American Civil Liberties Union (ACLU), a membership that many Mississippi citizens believed was an indication that he was too radical to serve in an institution of Mississippi. Shortly after Murphy left the law school, the school’s dean, Robert J. Farley, came under pressure of the Board of Trustees due to his support of Murphy and because he too spoke publicly that the Brown decision would have to be followed.6 After Farley left the university, the deanship was offered to Joshua Morse III, an attorney from Poplarville.
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