DOCSLIB.ORG

67/08/31 Brief for the N.A.A.C.P Legal Defense and Educational Fund, Inc., As Amicus Curiae

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
67/08/31 Brief for the N.A.A.C.P Legal Defense and Educational Fund, Inc., As Amicus Curiae Cleveland State University EngagedScholarship@CSU United States Supreme Court Court Documents 8-31-1967 67/08/31 Brief for the N.A.A.C.P Legal Defense and Educational Fund, Inc., as Amicus Curiae Jack Greenberg James M. Nabrit III Michael Meltsner Melvyn Zarr Anthony G. Amsterdam See next page for additional authors Follow this and additional works at: https://engagedscholarship.csuohio.edu/ terryvohio_supremecourtdocs Part of the Constitutional Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation Greenberg, Jack; Nabrit, James M. III; Meltsner, Michael; Zarr, Melvyn; Amsterdam, Anthony G.; and McDaniels, William E. Jr., "67/08/31 Brief for the N.A.A.C.P Legal Defense and Educational Fund, Inc., as Amicus Curiae" (1967). United States Supreme Court. 5. https://engagedscholarship.csuohio.edu/terryvohio_supremecourtdocs/5 This Article is brought to you for free and open access by the Court Documents at EngagedScholarship@CSU. It has been accepted for inclusion in United States Supreme Court by an authorized administrator of EngagedScholarship@CSU. For more information, please contact [email protected]. Authors Jack Greenberg, James M. Nabrit III, Michael Meltsner, Melvyn Zarr, Anthony G. Amsterdam, and William E. McDaniels Jr. This article is available at EngagedScholarship@CSU: https://engagedscholarship.csuohio.edu/ terryvohio_supremecourtdocs/5 .. INTHE COURT OF THE UNITED TERM, 1967 Nos. 63, 74, and 67 Appellant, -v.- NEW -v.- NEW Appellee, W. TERRY, Petitioner, -v.- Respondent. BRIEF FOR THE N.A.A.C.P. LEGAL AND EDUCATIONAL FUND, INC., JACK GREENBERG M. NABRIT, III MICHAEL MELTSNER MELVYN ZARR Columbus Circle New York, N.Y. WILLIAM E. MCDANIELS, JR. AMSTERDAM Chestnut 3400 Chestnut Street Philadelphia, Philadelphia, Pa. 19104 Counsel Attorneys for the N.A.A. C.P. Legal Defense and August 31, 1967 Educational Fund, Inc. 565 INDEX PAGE Interest of the Amicus Curiae -------------------------------------------- 1 .ARGUMENT I. The Issues ------------------------------------------------------------------ 9 II. The Genius of Probable Cause ---------------------------- 21 III. The Deceptive Allure of "Reasonable Suspi- cion" ------------------------------------------------------------------------------ 31 IV. Stop-and-Frisk, Law Enforcement and the Peo- ple -------------------------------------------------------------------------------- 58 Conclusionncl us ion ___ ------------- ____ --------------------------------------- __ ------ --- __ ------ 69 TABLE OF AUTHORITIES Cases: Aguilarv. Texas, 378 U. S. 108 (1964) ----------------------------26, 30 Beck v. Ohio, 379 U. S. 89 (1964) ____________ 13, 14, 15, 26, 27, 31 Berger v. New York, -- U. S. --, 87 S. Ct. 1873 ( 1967) 14, 21, 30, 31, 57' 58 Blefare United States, 362 F. 2d 870 (9th Cir. 1966) 31 Boyd v. United States, 116 U. S. 616 (1886) --·---·--------·---· 35 Brinegar v. United States, 338 U. S. 160 (1949) 15, 20, 31,56 566 11 PAGE Camara v. Municipal Court, --U.S.--, 87 S. Ct. 1727 ( 1967) 31 Carroll v. United States, 267 U. S. 132 (1925) 30 Chambers v. Florida, 309 U. S. 227 (1940) -------------------- 58 Chapman v. United States, 365 U. S. 610 (1961) __________ 26, 30 Commonwealth v. Hicks, 209 Pa. Super. 1, 223 A. 2d 873 ( 1966) 41 Commonwealth v. Lehan, 347 Mass. 197, 196 N. E. 2d 840 ( 1964) 49 Cooper v. California, 376 U. S. 58 (1967) 30 Cox v. Louisiana, 379 U. S. 536 (1965) 24 De Salvatore v. State, 2 Storey (Del.) 550, 163 A. 2d 244 ( 1960) 16 Dokes v. Arkansas, 0. T. 1967, No. 109 2 Giordenello v. United States, 357 U. S. 480 (1958) -------- 30 Goss v. State, 390 P. 2d 220 (Alaska, 1964) 41 Griswold v. Connecticut, 381 U. S. 479 (1965) ---------------- 14 Hague v. C. I.O.,307 U. S. 496 ( 1939) ---·------------------------ 24 Henry v. United States, 361 U. S. 98 (1959) ...... 15, 20, 26, 30 Johnson v. United States, 333 U. S. 10 (1948) ________________ 7, 26 Jones v. United States, 357 U. S. 493 (1958) 30 Kavanaugh v. Stenhouse, 93 R. I. 252, 174 A. 2d 560 (1961), appeal dismissed, 368 U. S. 516 (1962) ---------- 16 Lankford v. Gelston, 364 F. 2d 197 (4th Cir. 1966) _______ .4, 69 Lawrence v. Hedger, 3 Taunt. 14, 128 Eng. Rep. 6 (c. p. 1810) 19 Louisiana v. United States, 380 U. S. 145 (1965) ------------ 25 567 ill PAGE Mapp v. Ohio, 367 U. S. 643 (1961) .................................. 26 Marcus v. Search Warrant, 367 U. S. 717 (1961) ....4, 21, 23 Marron v. United States, 275 U. S. 192 (1927) ............ 21 McDonald v. United States, 335 U. S. 451 (1948) ............ 23 Miranda v. Arizona, 384 U. S. 436 (1966) ...................... 24, 58 J.Vlonroe v. Pape, 365 U.S. 167 (1961) ................................ 26 Niemotko v. Maryland, 340 U. S. 268 (1951) 25 Olmstead v. United States, 277 U. S. 483 (1928) ............ 14 People v. Anonymous, 48 Misc. 2d 713, 265 N. Y. S. 2d 705 ( Cty. Ct. 1965) ............................................................ 53 People v. Beverly, 200 Cal App. 2d 119, 19 Cal. Rptr. 67 (D. C. A. 1962) ............................................................ 41 People v. Cassesse, 47 Misc. 2d 1031, 263 N. Y. S. 2d 734 (Sup. Ct. 1965) .................................................. 18, 50, 55 People v. Hoffman, 24 App. Div. 2d 497, 261 N. Y. S. 2d 651 ( 1965) .................................................................... 17, 49, 54 People v. Mickelson, 59 Cal. 2d 448, 380 P. 2d 658 ( 1963) 50 People v. Peters, 18 N. Y. 2d 238, 219 N. E. 2d 595 ( 1966) .............................................................. 33, 40, 51, 54, 55 People v. Pugach, 15 N. Y. 2d 65, 204 N. E. 2d 176 ( 1964) .................................................. 17, 18,48, 49, 50, 54, 55 People v. Reason, -- Misc. 2d -, 276 N. Y. S. 2d 196 (Sup. Ct. 1966) ............................................ 18, 50, 53, 55 People v. Rivera, 14 N. Y. 2d 441, 201 N. E. 2d 32 ( 1964) .......................................................................... 48, 49, 51 People v. Taggart, C. A. N. Y., App. T. 2, No. 120, decided July 7, 1967 ........................................................ 50, 52 Rios v. United States, 364 U. S. 253 (1960) ...................... 20 568 lV PAGE Schmerber v. California, 384 U. S. 757 (1966) ............ 14, 30 Shuttlesworth v. Birmingham, 382 U. S. 87 (1965) ........ 24 Stanford v. Texas, 379 U. S. 476 (1965) ............. .4, 21, 22, 23 Staples v. United States, 320 F. 2d 817 (5th Cir. 1963) .. 33 State v. Terry, 5 Ohio App. 2d 122, 214 N. E. 2d 114 ( 1966) 34 Stoner v. California, 376 U. S. 483 (1964) ........................ 30 Thornhill v. Alabama, 310 U. S. 88 (1940) 24 United States v. Di Re, 332 U. S. 581 (1948) ................ 13, 14 United States v. Margeson, 259 F. Supp. 256 (E. D. Pa. 1966) 49 Warden v. Hayden, U. S. --, 87 S. Ct. 1642 (1967) 30 Wong Sun v. United States, 371 U. S. 471 (1963) .... 13, 30 Wright v. Georgia, 373 U. S._ 284 (1963) ........................ 25 Yick Wo v. Hopkins, 118 U. S. 356 (1886) .................... 25 Statutes: Del. Code Ann., tit. 11, §§ 1902-1903 ................................ 16 N. H. Rev. Laws, §§ 594 :2-594 :3 ( 1955) ........................ 16 New York Code of Criminal Procedure, 180-a ........ 16, 57 R. I. Gen. Laws, §§ 12-7-1-12-7-2 (1956) ........................ 16 Uniform Arrest Act, § 2 ................................................ 16, 17 Uniform Arrest Act, § 3 ...................................................... 18 569 v PAGE Other Authorities: Adams, Field Interrogations, 7 POLICE 26 (1963) .... 37, 46 AMERICAN CIVIL LmERTIES UNION, PoLICE Power A.ND CITIZENS' RIGHTS (1967) ............................................ 4, 7' 44 AMERICAN CIVIL LIBERTIES u NION OF SOUTHERN CALI- CALIFORNIA, REPORT, POLICE MALPRACTICE. AND THE WATTS RIOT (1965), reproduced in CRAY, THE BIG BLUE LINE ( 1967) 2 AMERICAN LA w INSTITUTE, CODE OF CRIMINALAL PROCEDURE DURE, ~ 18, Official Draft, June 15, 1930 -------------------- 32 AMERICAN LAWw INSTITUTE, l\foDEL CODE OF PRE-ARRAIGNMENT PROCEDURE, Tent. Draft No. 1, March 1, 1966 10, 16, 17' 18, 19, 20, 32, 38 Aspen, Arrest and Arrest Alternatives: Recent Trends, U. ILL. L. FoRuM 241 (1966) ............................ 11 BALDWIN, NOBODY KNows MY NAME (Dell ed. 1963) .... 44 Barrett, Personal Rights,_ Property Rights, and the Fourth Amendment, SUPREME CoURT REv. (1960) ....10, 34 Bator & Vorenberg, Arrest, Detention, Interrogation and the Right to Counsel: Basic Problems and Possible sible Legislative Solutions, 66 COLUM. L. REv. 62 ( 1966) .. .................... 10 BRISTow, FIELD INTERROGATION (2d ed. 1964) ........ 46, 47, 52 Brooks, NEWew York's Finest, 40 COMMENTARY 29 (Aug. 1965) 44 Case Note, 35 FORDHAM L. REv. 355 ( 1966) .................... 11 Comment, Police Power to Stop, Frisk and Question Suspicious Persons, 65 COLUM.L. REv. 847 (1965) .... 11, 19 Comment, Selective Detention and the Exclusionary Rule, 34 U. CHI. L. REv. 158 (1966) ............................ 11 570 Vl PA.G'E CRAY, THE BIG BLUE LINE (1967) .................... 4, 6, 36, 37, 48 Cross, The Negro, Prejudice and the Police, 55 J. CRIM. L., CRIM. & POL. Ser. 405 ( 1964) ........................ 44 DEVLIN, THE CRIMINAL PROSECUTION IN ENGLAND ( 1958 ) ................................................ .......... .. 13 DISTRICT OF COLUMBIA, REPORT AND RECOMMENDATIONS OF THE COMMISSIONERS' COMMITTEE ON POLICE AR- RESTS FOR INVESTIGATION (1962) (The Horsky Re- port) .............................................................................. 5, 6, 10 3 ELLIOT'S DEBATES ( 2d ed. 1836) .....................................
Load more

Recommended publications
  • FOREWORD: the LEGAL HISTORY of the GREAT SIT-IN CASE of BELL V. MARYLAND
    MARYLAND LAW REVIEW FOREWORD: THE LEGAL HISTORY OF THE GREAT SIT-IN CASE OF BELL v. MARYLAND WILLIAM L. REYNOLDS UNIVERSITY OF MARYLAND VOLUME 61 2002 NUMBER 4 MARYLAND LAW REVIEW VOLUME 61 2002 NUMBER 4 © Copyright Maryland Law Review, Inc. 2002 FOREWORD: THE LEGAL HISTORY OF THE GREAT SIT-IN CASE OF BELL V. MARYLAND WILLIAM L. REYNOLDS* INTRODUCTION Anyone arguing a case in the Court of Appeals of Maryland, the state's highest court, during the years 1992-1996, would have ad- dressed a distinguished bench headed by Chief Judge Robert Murphy, and which also included Associate Judges Lawrence Rodowsky and Robert Bell. A superb administrator, Murphy received high marks for his two decades as head of Maryland's judicial system. Rodowsky, the first Polish-American to sit on the Court, is widely respected for the vast range of his legal knowledge. Bell, the second African-American to sit on the Court of Appeals,1 is known for his thoughtful and well- researched opinions. In late 1996, Bell succeeded Murphy as Chief Judge of the Court of Appeals. All three are also gentlemen, a type of judge unfortunately not as common as it should be. They worked well together on the Court. Few know, however, that the three judges are bound by a tie even more long-standing than their common service on the Court of Ap- peals: a generation ago, Murphy and Rodowsky, who were then Assis- tant Attorneys General of the State of Maryland, tried to uphold the conviction of Bell for criminal trespass, a prosecution that eventually reached the Supreme Court.
    [Show full text]
  • Excerpt from NAACP Brown Attorneys
    To commemorate the 50th Anniversary of the decision in Brown v. Board of Education in 2004, the NAACP Legal Defense and Educational Fund released “The Winding Road to Brown: An LDF Chronology”. Below is an excerpt of the timeline leading up to the historic decision issued in 1954. LDF Attorneys on the steps of the Supreme Court: (Left to Right) John Scott, James Nabrit, Spottswood Robinson, Frank Reeves, Jack Greenberg, Thurgood Marshall, Louis Redding, U. Simpson Tate, George Hayes. 1933 Thurgood Marshall graduates first in his class from Howard University’s School of Law. Oliver Hill, also a classmate and one of the Brown counsels, graduates second. Marshall and Hill were both mentored by the Law School’s vice-dean Charles Hamilton Houston. 1934 Houston joins the National Association for the Advancement of Colored People (NAACP) as part- time counsel. 1935 After having been denied admittance to the University of Maryland Law School, Marshall wins a case in the Maryland Court of Appeals against the Law School, which gains admission for Donald Murray, the first black applicant to a white southern law school. 1936 Marshall joins the NAACP’s legal staff. 1938 Marshall succeeds Houston as special counsel. Houston returns to his Washington, D.C. law practice but remains counsel with the NAACP. 1938 Missouri ex rel. Gaines v. Canada The U.S. Supreme Court invalidates state laws that required African-American students to attend out-of-state graduate schools to avoid admitting them to their states’ all-white facilities or building separate graduate schools for them. 1940 Marshall writes the NAACP Legal Defense and Educational Fund’s corporate charter and becomes its first director and chief counsel.
    [Show full text]
  • Brown, the Civil Rights Movement, and the Silent Litigation Revolution
    Vanderbilt Law Review Volume 57 Issue 6 Article 1 11-2004 Brown, the Civil Rights Movement, and the Silent Litigation Revolution Stephen C. Yeazell Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Civil Rights and Discrimination Commons, and the Human Rights Law Commons Recommended Citation Stephen C. Yeazell, Brown, the Civil Rights Movement, and the Silent Litigation Revolution, 57 Vanderbilt Law Review 1975 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol57/iss6/1 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. VANDERBILT LAW REVIEW VOLUME 57 NOVEMBER 2004 NUMBER 6 Brown, the Civil Rights Movement, and the Silent Litigation Revolution Stephen C. Yeazell * I. INTRODU CTION ................................................................... 1975 II. BROWN AND THE CULTURE OF LAWYERS ............................ 1977 III. BROWN AND THE STRUCTURE OF THE BAR ......................... 1985 A. Deregulation as a Child of Brown .......................... 1985 B. The Reconstitution of the Plaintiffs' Bar................ 1991 IV. IMPLICATIONS: SOCIAL CHANGE AND THE POLITICS OF ORDINARY LITIGATION .................................................. 2000 I. INTRODUCTION One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education1 spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare.
    [Show full text]
  • Lawrence, Clark, Warren, Griswold and Howe Spearhead Legal
    THE N.A.A.C.P. LEGAL DEFENSE REPORT AND EDUCATIONAL FUND VOL. ill, No.2 JUNE, 1965 Lawrence, Clark, Warren, Griswold & Howe Spearhead Legal Defense Fund Boston Meet UNITY SOUGHT BOSTON - "THE FuND (NAACP Legal --!TefenSll-and -Educational cFurnlris-pledged-·­ to provide legal counsel and assistance to any organization or individual having bona fide Co:ristitutional claim to violation of civil rights. In view of its name, many are sur­ prised to hear that it has no formal ties with the National Association for the Advance­ ment of Colored People. Like the Southern Regional Council, it doesn't as a rule get the headlines. But like the council, quietly in the background it does effective, indispensable DINNER PRINCIPLES- Chatting at the close of SELMA'S F1RST LADY- Mrs. Amelia Boynton, the dinner, from le/IJ are Harvard Law Dean Erwin leader of the voter registratWn drive in Dallas work." N. Griswold, toastmaster, NAACP Legal Defense Fund Director-Counsel lack Greenberg, speaker, County, (Selma) Ala., gives her impressions of Generally sharing the Christiau Science Manhattan Borough President Constance Baker Boston to Mass. Lt. Gov. Elliot L. Richardson. He Monitor's editorial opinion of the Fund, civil Motley, speaker, and Attorney Grenville Clark, gave the opening address o/ the Convocation. rights leaders and lawyers met at the Con­ honoree. vocation -"Equal Justice Under Law." The discussions ranged from problems of civil rights litigation to the future nature of social BOSTON COMMITTEE ASKS SUPPORT revolution. BOSTON- In warm tones, often breaking with deep emotion, Attorney Grenville Clark Starting with opening remarks by Massa­ explained to 300 dinner guests of the Greater Boston Committee of the NAACP Legal chusetts Lt.
    [Show full text]
  • Conceptions of Law in the Civil Rights Movement
    Assembled_Issue_3 v5 (Do Not Delete) 2/22/2012 9:07 AM Conceptions of Law in the Civil Rights Movement Christopher W. Schmidt* I. Introduction ................................................................................................................. 641 II. Conceptions of the Law During the Civil Rights Movement ............................ 644 A. The Defense of Jim Crow—Protecting Folkways Against Stateways ..................................................................................................... 644 B. The Racial Liberal Argument for the Capacity of Law ....................... 649 C. The Sit-Ins: An Alternative to the Law? ................................................ 652 III. Law as Social Change: King and Bickel’s Conceptions of Law ........................ 658 A. Alexander M. Bickel .................................................................................. 659 B. Martin Luther King Jr. .............................................................................. 662 C. When Law Is Not Law ............................................................................. 665 IV. Defining Law’s Boundaries in Histories of the Civil Rights Movement ........ 667 V. Conclusion .................................................................................................................. 675 I. INTRODUCTION “The legal redress, the civil-rights redress, are far too slow for the demands of our time,” proclaimed James Lawson at a meeting of student leaders of the lunch counter sit-in movement in the spring of 1960.
    [Show full text]
  • Archibald Cox Session #2 Interviewer
    TTT Interviewee: Archibald Cox Session #2 Interviewer: Thomas Hilbink Brooksville, Maine June 20, 2000 Q: This is Thomas Hilbink, with Professor Archibald Cox on June 20, of the year 2000, in Brooksville, Maine, for the Supreme Court Historical Society project on the Office of Solicitor General. So yesterday you had been talking about your clerkship with Judge Hand, and the quote I guess you were trying to recall, you quote in your book, The Court and the Constitution, as, “He must preserve his authority by cloaking himself in the majesty of an overshadowing past, but he must discover some composition with the dominant needs of his time.” Cox: Yes, I think that states -- he was writing of Cardozo, but I think that it states his own philosophy to the extent one can reduce it to a single sentence, and one with which I became imbued with under his influence. Q: After I read that last night, the question that came to my mind was, you had talked about how he said to you, “Sonny, to whom am I responsible?” Cox: Yes. Cox -- 2 -- 117 Q: And I was wondering, when you were Solicitor General if you were to ask one of the people working for you, "To whom am I responsible?" what would your answer have been to your own question. Cox: Well, I would probably have -- during the later years of my four and a half years I would surely have responded in terms of the obligations, divided obligations, to the President as head of the executive branch, on the one hand, and to the Court, the law, on the other.
    [Show full text]
  • A Colloquy with Jack Greenberg About Brown: Experiences and Reflections
    A COLLOQUY WITH JACK GREENBERG ABOUT BROWN: EXPERIENCES AND REFLECTIONS Richard Sobel* This colloquy draws from conversations with Jack Greenberg about his experiences with and the significance of Brown v. Board of Education. The discussion between Greenberg and Richard Sobel took place during class in March 1995, as part of a seminar on civil rights law at Princeton University. A follow-up interview in May 1995 provided details on topics broached earlier. Edited together they provide intriguing insights into the historic case and Jack Greenberg's role. Jack Greenberg: Before and after class, Richard Sobel and I have been talking about some issues addressed here. And I thought it would be a better way of exploring some of the issues of Brown v. Board of Education,! some of the factors that are involved in it, if we would engage in a colloquy. And so he may ask questions and make observations, and we'll talk back and forth. I'm going to ask Professor Sobel to address some things that concern him, and then we'll have a colloquy. Richard Sobel: I think all of us are aware how historic the Brown decision is. As a historian and a political scientist, ques­ tions come to mind which other people have asked too. (I brought my precept from the history of law because the story of what's going on here is so important.) I want to get into history as I talk about it in my classes, as it comes at the time it's occur­ ring, and not just in retrospect.
    [Show full text]
  • Toward a Definitive History of Griggs V. Duke Power Co
    Vanderbilt Law Review Volume 67 | Issue 1 Article 3 1-2014 Toward a Definitive History of Griggs v. Duke Power Co. David J. Garrow Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Civil Rights and Discrimination Commons Recommended Citation David J. Garrow, Toward a Definitive History of Griggs v. Duke Power Co., 67 Vanderbilt Law Review 197 (2019) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol67/iss1/3 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. REVIEW ESSAY Toward a Definitive History of Griggs v. Duke Power Co. David J. Garrow* THE CRUSADE FOR EQUALITY IN THE WORKPLACE: THE GRIGGS v. DUKE POWER STORY Robert Belton, edited by Stephen L. Wasby. Lawrence: University Press of Kansas, 2014. I. INTRODU CTION .................................................................. 198 II. THE ORIGINS OF GRIGGS ................................................... 200 III. GRIGGS AND QUARLES IN THE DISTRICT COURTS ............... 208 IV. JOHN MINOR WISDOM AND FREEZING................................ 213 V . GRIGGS ON A PPEAL ........................................................... 216 VI. GRIGGS IN THE SUPREME COURT ....................................... 220 VII. THE GRIGGS OPINION ........................................................ 227 VIII. GRIGGS'S RECEPTION,
    [Show full text]
  • The Selma March and the Judge Who Made It Happen
    6 BASS 537-560 (DO NOT DELETE) 1/7/2016 2:08 PM THE SELMA MARCH AND THE JUDGE WHO MADE IT HAPPEN Jack Bass During the violent storm that marked the Civil Rights Era that overturned the “Southern Way of Life” marked by racial segregation and the virtual removal of any participation by African-Americans in civil affairs such as voting and serving on juries that followed U.S. Supreme Court rulings at the end of the nineteenth century, no individual judge did more to restore such rights than Frank M. Johnson, Jr. on the Middle District of Alabama. Those Supreme Court cases a half-century earlier of course included Plessy v. Ferguson in 1896, but also the almost unknown case of Williams v. Mississippi in 1898, and the two still little- known Giles cases from Alabama that soon followed. Essentially they gave constitutional approval for Southern states to all but eliminate African- Americans from voting. It is the historic background that provides the exceptional importance of Judge Johnson’s unprecedented order in restoring full voting rights for African-American Southerners. At thirty-seven, the youngest federal judge in the nation, Johnson called for a three-judge District Court on which he voted first in the 1956 Montgomery Bus Boycott case. Fifth Circuit Judge Richard Rives of Montgomery joined Johnson in a 2–1 ruling that for the first time expanded the Supreme Court ruling in Brown v. Board of Education beyond the issue of segregated schools. And as is well known, the outcome of that case launched the civil rights career of Dr.
    [Show full text]
  • Race Liberalism and the Deradicalization of Racial Reform
    RACE LIBERALISM AND THE DERADICALIZATION OF RACIAL REFORM Kimberlé Williams Crenshaw In the era that followed the formal collapse of white supremacy, ef- forts to sustain and broaden reformist agendas against the denouement of social justice movements exposed a series of discordant debates on the Left. While many such conflicts surfaced throughout the social or- der, some of these debates were staged in elite spaces like Harvard Law School. The Harvard Law School boycott of 1982 reflected a rupture among race-reform advocates between what I call “race liberalism,” an ideology that ultimately embodies a “colorblind” model of racial justice that seeks to eliminate “discrimination,” and a “critical race” discourse focused on the distribution of racial power, a perspective requiring the very race consciousness that race liberals saw as the evil that reform aimed to transcend. In the 1980s, the rhetorical battles between these two camps played out in a number of contexts, including, for example, debates about race-conscious affirmative action policies in elite institutions. The temporal and institutional setting of the battles exposed how knowledge production in legal education was an arena of racial contes- tation not unlike the lunch counters and ballot boxes that confronted civil rights advocates in the decades before. When students of color demanded a say in how race and law would be conceptualized as a field of inquiry, they challenged the deepest pretense of liberal sensibility — that universities themselves are apolitical arbiters of neutral knowledge rather than participants in the struggle over how social power is exercised. Harvard Law School was a generative site of struggle over the norms and content of elite legal education, particularly in shaping the contours of liberal-radical conflict about law and social transformation.
    [Show full text]
  • Hon. Jack B. Weinstein U.S
    NEW YORK UNIVERSITY SCHOOL OF LAW – INSTITUTE OF JUDICIAL ADMINISTRATION (IJA) Oral History of Distinguished American Judges HON. JACK B. WEINSTEIN U.S. DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK An Interview with William B. Bonvillian, Lecturer at MIT and Director of Special Projects, MIT’s Office of Digital Learning and Oscar Chase, Co-Director of the Institute of Judicial Administration Russell D. Niles Professor Law, New York University School of Law December 12, 2016 All rights in this oral history interview belong to New York University. Quoting or excerpting of this oral history interview is permitted as long as the quotation or excerpt is limited to fair use as defined by law. For quotations or excerpts that exceed fair use, permission must be obtained from the Institute of Judicial Administration (IJA) at, Wilf Hall, 139 Macdougal Street, Room 420, New York 10012, or to [email protected], and should identify the specific passages to be quoted, intended use, and identification of the user. Any permission granted will comply with agreements made with the interviewees and/or interviewers who participated in this oral history. All permitted uses must cite and give proper credit to: IJA Oral History of Distinguished American Judges, Institute of Judicial Administration, NYU School of Law, Judge Jack B. Weinstein: An Interview with William B. Bonvillian and Oscar Chase, 2016. *The transcript shall control over the video for any permitted use in accordance with the above paragraph . Any differences in the tra nscript from the video reflect post-int erview clarifica tions made by the pa rticipants and IJA.
    [Show full text]
  • JACK GREENBERG COMMEMORATION PROGRAM the Thurgood Marshall Institute (TMI) Is a Multidisciplinary Center Within the NAACP Legal Defense Fund (LDF)
    THURGOOD MARSHALL INSTITUTE JACK GREENBERG COMMEMORATION PROGRAM The Thurgood Marshall Institute (TMI) is a multidisciplinary center within the NAACP Legal Defense Fund (LDF). Launched in 2015, the Institute complements LDF’s traditional litigation strengths and brings three critical capabilities to the fight for racial justice: research, targeted advocacy campaigns, and organizing. AGENDA 5:00p.m. 6:05p.m. OPENING REMARKS JACK GREENBERG AS A VISIONARY AND INNOVATOR Janai Nelson Panelists Associate Counsel, NAACP Legal Defense and Educational Fund, Inc. Elaine Jones Professor Tomiko Brown-Nagin Former President and Director-Counsel Dean of the Radcliffe Institute for Advanced Study NAACP Legal Defense and Educational Fund, Inc. Sherrilyn Ifill Ted Shaw President and Director-Counsel, NAACP Legal Julius L. Chambers Distinguished Professor of Law and Defense and Educational Fund, Inc. Director of the Center for Civil Rights at UNC School of Law Moderator 5:10p.m. LITIGATION IN THE GREENBERG ERA Sherrilyn Ifill President and Director-Counsel Panelists NAACP Legal Defense and Educational Fund, Inc. William L. Robinson Olie W. Rauh Professor of Law 6:55p.m. University of the District of Columbia David A. CLOSING REMARKS Clarke School of Law Patrick Patterson Former Senior Counsel to EEOC Chair Jacqueline Berrien and Former Deputy Director of the OFCCP in the Obama Department of Labor Bridget Arimond Clinical Professor of Law Director, LLM Program for International Human Rights Northwestern Pritzker School of Law Michael Meltsner Matthews Distinguished University Professor of Law Northeastern University School of Law Moderator Professor Ken Mack Lawrence D. Biele Professor of Law Harvard Law School IN CELEBRATION OF A LIFE Jack Greenberg, the second director-counsel of the Some 15 years later, once he had taken the reins of LDF as NAACP Legal Defense and Educational Fund, Inc.
    [Show full text]