Brown v. Board of Education
Caste, Culture, and the Constitution
Robert J. Cottrol, Raymond T. Diamond, and Leland B. Ware
October 2003
304 pages, 5-1/2 x 8-1/2
Landmark Law Cases and American Society
Cloth ISBN 978-0-7006-1288-8, $25.00
Paper ISBN 978-0-7006-1289-5, $15.95 (t)
SELECTION OF THE HISTORY BOOK CLUB
Before
1954, both law and custom mandated strict racial segregation throughout
much of the nation. That began to change with Brown v. Board
of Education, the landmark decision that overturned the pernicious
separate but equal doctrine. In declaring that legally
mandated school segregation was unconstitutional, the Supreme Court
played a critical role in helping to dismantle Americas own
version of apartheid, Jim Crow.
This new study of Brownthe title for a group of cases drawn
from Kansas, Virginia, South Carolina, Delaware, and the District
of Columbiaoffers an insightful and original overview designed
expressly for students and general readers. It is concise, up-to-date,
highly readable, and very teachable.
The authors, all recognized authorities on legal history and civil
rights law, do an admirable job of examining the fight for legal
equality in its broad cultural and historical context. They convincingly
show that Brown cannot be understood apart from the history of caste
and exclusion in American society. That history antedated the very
founding of the country and was supported by the nations highest
institutions, including the Supreme Court whose decision in Plessy
v. Ferguson (1896) supported the notion of separate but
equal.
Their book traces the lengthy court litigations, highlighting the
pivotal role of the National Association for the Advancement of
Colored People and including incisive portraits of key players,
including co-plaintiff Oliver Brown, newly appointed Chief Justice
Earl Warren, NAACP lawyer and future Supreme Court justice Thurgood
Marshall, and Justice Felix Frankfurter, who recognized the crucial
importance of a unanimous court decision and helped produce it.
The authors simply but powerfully narrate their story and show that
Brown not only changed the national equation of race and casteit
also changed our view of the Courts role in American life.
As we prepare to commemorate the decisions fiftieth anniversary
in May 2004, this book invites readers to appreciate the lasting
importance of what was indisputably a landmark case.
A vivid and comprehensive account of the historical, legal,
and political dramas surrounding one of the most important Supreme
Court cases of the twentieth century. With humanity and wisdom,
the authors defend the decision from some of its most influential
critics and evaluate the forces that shaped it as well as those
that it set into motion. Accessible and shrewd in its judgments,
this will be one of the definitive accounts of the Brown decision
for years to come.--Jeffrey Rosen, legal affairs
editor of The New Republic and author of The Unwanted
Gaze: The Destruction of Privacy in America
Provides readers with a good overview of the most important
decision by the Supreme Court in the twentieth century. The emphasis
on culture as well as politics and law is particularly valuable.--Mark
Tushnet, author of Making Civil Rights Law: Thurgood Marshall
and the Supreme Court, 19361961
ROBERT J. COTTROL is Harold Paul Green Research Professor
of Law and professor of history and sociology at George Washington
University. RAYMOND T. DIAMOND is C. J. Morrow Research Professor
of Law and adjunct professor of African diaspora studies at Tulane
University. LELAND B. WARE is the Louis L. Redding Professor
for the Study of Law and Public Policy at the University of Delaware.
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