All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education

Author: Charles J. Ogletree

Publisher: W. W. Norton & Company

ISBN: 0393608522

Category: History

Page: 432

View: 3901

"An effective blend of memoir, history and legal analysis."—Christopher Benson, Washington Post Book World In what John Hope Franklin calls "an essential work" on race and affirmative action, Charles Ogletree, Jr., tells his personal story of growing up a "Brown baby" against a vivid pageant of historical characters that includes, among others, Thurgood Marshall, Martin Luther King, Jr., Earl Warren, Anita Hill, Alan Bakke, and Clarence Thomas. A measured blend of personal memoir, exacting legal analysis, and brilliant insight, Ogletree's eyewitness account of the legacy of Brown v. Board of Education offers a unique vantage point from which to view five decades of race relations in America.

All Deliberate Speed

Reflections on the First Half Century of Brown V. Board of Education

Author: Charles J. Ogletree

Publisher: W. W. Norton & Company

ISBN: 9780393058970

Category: Biography & Autobiography

Page: 365

View: 5150

A Harvard Law School professor examines the impact that Brown v. Board of Education has had on his family, citing the contributions of such individuals as Thurgood Marshall, Martin Luther King, Jr., and Earl Warren while revealing how the reforms promised by the case were systematically undermined.

All Deliberate Speed

Reflections on the First Half Century of Brown V. Board of Education

Author: Charles J. Ogletree

Publisher: W W Norton & Company Incorporated

ISBN: 9780393326864

Category: History

Page: 395

View: 749

A Harvard Law School professor examines the impact that Brown v. Board of Education has had on his family, citing historial figures, while revealing how the reforms promised by the case were systematically undermined.

Silent Covenants

Brown V. Board of Education and the Unfulfilled Hopes for Racial Reform

Author: Derrick Bell

Publisher: Oxford University Press

ISBN: 0195182472

Category: History

Page: 230

View: 859

Looks at continuing repercussions of Brown v. Board of Education and, despite the original intentions, its frequently negative impact on the educational needs of African-American children.

Toward Humanity and Justice

The Writings of Kenneth B. Clark, Scholar of the 1954 Brown V. Board of Education Decision

Author: Kenneth Bancroft Clark,Woody Klein

Publisher: Greenwood Publishing Group

ISBN: 9780275975098

Category: Political Science

Page: 290

View: 3047

This first collection of Clark's work reveals his insight into the fields of social science, education, politics, and the law.

The Road to Abolition?

The Future of Capital Punishment in the United States

Author: Charles J. Ogletree, Jr.,Austin Sarat

Publisher: NYU Press

ISBN: 9780814762240

Category: Law

Page: 384

View: 7683

At the start of the twenty-first century, America is in the midst of a profound national reconsideration of the death penalty. There has been a dramatic decline in the number of people being sentenced to death as well as executed, exonerations have become common, and the number of states abolishing the death penalty is on the rise. The essays featured in The Road to Abolition? track this shift in attitudes toward capital punishment, and consider whether or not the death penalty will ever be abolished in America. The interdisciplinary group of experts gathered by Charles J. Ogletree Jr., and Austin Sarat ask and attempt to answer the hard questions that need to be addressed if the death penalty is to be abolished. Will the death penalty end only to be replaced with life in prison without parole? Will life without the possibility of parole become, in essence, the new death penalty? For abolitionists, might that be a pyrrhic victory? The contributors discuss how the death penalty might be abolished, with particular emphasis on the current debate over lethal injection as a case study on why and how the elimination of certain forms of execution might provide a model for the larger abolition of the death penalty.

From Lynch Mobs to the Killing State

Race and the Death Penalty in America

Author: Charles J. Ogletree, Jr.,Austin Sarat

Publisher: NYU Press

ISBN: 0814740219

Category: Law

Page: 309

View: 9031

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

When Law Fails

Making Sense of Miscarriages of Justice

Author: Austin Sarat

Publisher: NYU Press

ISBN: 9780814762257

Category: Law

Page: 359

View: 3504

Since 1989, there have been over 200 post-conviction DNA exonerations in the United States. On the surface, the release of innocent people from prison could be seen as a victory for the criminal justice system: the wrong person went to jail, but the mistake was fixed and the accused set free. A closer look at miscarriages of justice, however, reveals that such errors are not aberrations but deeply revealing, common features of our legal system. The ten original essays in When Law Fails view wrongful convictions not as random mistakes but as organic outcomes of a misshaped larger system that is rife with faulty eyewitness identifications, false confessions, biased juries, and racial discrimination. Distinguished legal thinkers Charles J. Ogletree, Jr., and Austin Sarat have assembled a stellar group of contributors who try to make sense of justice gone wrong and to answer urgent questions. Are miscarriages of justice systemic or symptomatic, or are they mostly idiosyncratic? What are the broader implications of justice gone awry for the ways we think about law? Are there ways of reconceptualizing legal missteps that are particularly useful or illuminating? These instructive essays both address the questions and point the way toward further discussion. When Law Fails reveals the dramatic consequences as well as the daily realities of breakdowns in the law’s ability to deliver justice swiftly and fairly, and calls on us to look beyond headline-grabbing exonerations to see how failure is embedded in the legal system itself. Once we are able to recognize miscarriages of justice we will be able to begin to fix our broken legal system. Contributors: Douglas A. Berman, Markus D. Dubber, Mary L. Dudziak, Patricia Ewick, Daniel Givelber, Linda Ross Meyer, Charles J. Ogletree, Jr., Austin Sarat, Jonathan Simon, and Robert Weisberg.

A New Juvenile Justice System

Total Reform for a Broken System

Author: Nancy E. Dowd

Publisher: NYU Press

ISBN: 147984389X

Category: Law

Page: 400

View: 8790

A New Juvenile Justice System aims at nothing less than a complete reform of the existing system: not minor change or even significant overhaul, but the replacement of the existing system with a different vision. The authors in this volume—academics, activists, researchers, and those who serve in the existing system—all respond in this collection to the question of what the system should be. Uniformly, they agree that an ideal system should be centered around the principle of child well-being and the goal of helping kids to achieve productive lives as citizens and members of their communities. Rather than the existing system, with its punitive, destructive, undermining effect and uneven application by race and gender, these authors envision a system responsive to the needs of youth as well as to the community’s legitimate need for public safety. How, they ask, can the ideals of equality, freedom, liberty, and self-determination transform the system? How can we improve the odds that children who have been labeled as “delinquent” can make successful transitions to adulthood? And how can we create a system that relies on proven, family-focused interventions and creates opportunities for positive youth development? Drawing upon interdisciplinary work as well as on-the-ground programs and experience, the authors sketch out the broad parameters of such a system. Providing the principles, goals, and concrete means to achieve them, this volume imagines using our resources wisely and well to invest in all children and their potential to contribute and thrive in our society.

Racial Reconciliation and the Healing of a Nation

Beyond Law and Rights

Author: Charles J. Ogletree, Jr.,Austin Sarat

Publisher: NYU Press

ISBN: 1479803707

Category: Law

Page: 224

View: 4897

The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race – and especially the black/white divide – in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.

Punishment in Popular Culture

Author: Austin Sarat

Publisher: NYU Press

ISBN: 1479864218

Category: Law

Page: 320

View: 8402

The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America’s distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both “high” and “popular” culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives. Americans continue to lock up more people for longer periods of time than most other nations, to use the death penalty, and to racialize punishment in remarkable ways. How are these facts of American penal life reflected in the portraits of punishment that Americans regularly encounter on television and in film? What are the conventions of genre which help to familiarize those portraits and connect them to broader political and cultural themes? Do television and film help to undermine punishment's moral claims? And how are developments in the boarder political economy reflected in the ways punishment appears in mass culture? Finally, how are images of punishment received by their audiences? It is to these questions that Punishment in Popular Culture is addressed.

Life Without Parole

America's New Death Penalty?

Author: Charles J. Ogletree,Austin Sarat

Publisher: NYU Press

ISBN: 0814762484

Category: Social Science

Page: 334

View: 1170

Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as “the new death penalty.” Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

The Presumption of Guilt

The Arrest of Henry Louis Gates, Jr. and Race, Class and Crime in America

Author: Charles Ogletree

Publisher: St. Martin's Press

ISBN: 9780230110137

Category: Social Science

Page: 256

View: 7788

Shortly after noon on Tuesday, July 16, 2009, Henry Louis Gates, Jr., MacArthur Fellow and Harvard professor, was mistakenly arrested by Cambridge police sergeant James Crowley for attempting to break into his own home. The ensuing media firestorm ignited debate across the country. The Crowley-Gates incident was a clash of absolutes, underscoring the tension between black and white, police and civilians, and the privileged and less privileged in modern America. Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all. Working from years of research and based on his own classes and experiences with law enforcement, the author illuminates the steps needed to embark on the long journey toward racial and legal equality for all Americans.

All Deliberate Speed

Segregation and Exclusion in California Schools, 1855-1975

Author: Charles Wollenberg

Publisher: Univ of California Press

ISBN: 9780520037281

Category: Social Science

Page: 204

View: 4800

"Separate but equal" in California -- "Yellow peril" in the schools (I) -- "Yellow peril" in the schools (II) -- The tragedy of Indian education -- The decline and fall of "separate but equal" -- All deliberate speed in California -- Segregation and exclusion in California schools, 1855-1975: observations.

With All Deliberate Speed

Implementing Brown V. Board of Education

Author: Brian J. Daugherity,Charles C. Bolton

Publisher: University of Arkansas Press

ISBN: 9781610754675

Category: Education

Page: 339

View: 2880

This is the first effort to provide a broad assessment of how well the Brown v. Board of Education decision that declared an end to segregated schools in the United States was implemented. Written by a distinguished group of historians, the twelve essays in this collection examine how African Americans and their supporters in twelve states—Arkansas, North Carolina, Virginia, South Carolina, Georgia, Mississippi, Florida, Delaware, Missouri, Indiana, Nevada, and Wisconsin—dealt with the Court’s mandate to desegregate “with all deliberate speed.” The process followed many diverse paths. Some of the common themes in these efforts were the importance of black activism, especially the crucial role played by the NAACP; entrenched white opposition to school integration, which wasn’t just a southern state issue, as is shown in Delaware, Wisconsin, and Indiana; and the role of the federal government, a sometimes inconstant and sometimes reluctant source of support for implementing Brown.

After "Brown"

The Rise and Retreat of School Desegregation

Author: Charles T. Clotfelter

Publisher: Princeton University Press

ISBN: 140084133X

Category: Education

Page: 272

View: 9896

The United States Supreme Court's 1954 landmark decision, Brown v. Board of Education, set into motion a process of desegregation that would eventually transform American public schools. This book provides a comprehensive and up-to-date assessment of how Brown's most visible effect--contact between students of different racial groups--has changed over the fifty years since the decision. Using both published and unpublished data on school enrollments from across the country, Charles Clotfelter uses measures of interracial contact, racial isolation, and segregation to chronicle the changes. He goes beyond previous studies by drawing on heretofore unanalyzed enrollment data covering the first decade after Brown, calculating segregation for metropolitan areas rather than just school districts, accounting for private schools, presenting recent information on segregation within schools, and measuring segregation in college enrollment. Two main conclusions emerge. First, interracial contact in American schools and colleges increased markedly over the period, with the most dramatic changes occurring in the previously segregated South. Second, despite this change, four main factors prevented even larger increases: white reluctance to accept racially mixed schools, the multiplicity of options for avoiding such schools, the willingness of local officials to accommodate the wishes of reluctant whites, and the eventual loss of will on the part of those who had been the strongest protagonists in the push for desegregation. Thus decreases in segregation within districts were partially offset by growing disparities between districts and by selected increases in private school enrollment.

Studying Educational and Social Policy

Theoretical Concepts and Research Methods

Author: Ronald H. Heck

Publisher: Routledge

ISBN: 1135627215

Category: Education

Page: 280

View: 4737

The overall purpose of this text is to introduce beginning researchers to the study of educational and social policy, how it has been examined from a scholarly perspective, and the salient issues to consider in conceptualizing and conducting policy research. The emphasis is on "introduce," as the various policy fields within the public sector (for example, education, energy, health, labor) are much too diverse to include in depth in a single volume on theoretical concepts and research methods. The focus is not so much on the substance of policymaking as on understanding the interplay between how policy is made and implemented and the various conceptual approaches and methods researchers can use to frame and conduct policy studies. The underlying assumption is that a critique of the substantive, theoretical, and methodological issues involved in studying policy can help researchers conduct policy studies that are more informative in guiding policy development and more effective in assessing the impact of policy reforms. *Part I acquaints readers with substantive issues and challenges related to the study of the policy process, and includes chapters on federalism and policymaking, and on studying policy development, implementation, and impact. *Part II examines different conceptual frameworks and theories for the study of policy, with chapters on political culture and policymaking, the punctuated-equilibrium theory and the advocacy coalition framework, economic and organizational perspectives, and new approaches (e.g., feminism, critical theory, postmodernism). *Part III focuses research methods for studying policy, covering research design, qualitative methods, multilevel methods for policy research, and growth modeling methods for examining policy change. *Part IV compares the diversity of approaches used by policy scholars with respect to their strengths and weaknesses, and presents a number of issues for further consideration in conducting policy research. This introduction to theories and methods of conducting policy research is intended to give prospective researchers an appreciation of the relationship among policy problems, empirical methods, and practice, and to contribute to building their skills in conceptualizing and conducting policy research that answers important questions. The text includes examples of studies to illustrate the diversity of methodological techniques, and discusses issues related to the design and conduct of original educational policy studies. Studying Educational and Social Policy: Theoretical Concepts and Research Methods is designed primarily for graduate courses in educational policy and educational research and is appropriate as well for research methodology courses in other disciplines, including statistics and research methodology in the social sciences, organizational studies, public policy, and political science

Simple Justice

The History of Brown v. Board of Education and Black America's Struggle for Equality

Author: Richard Kluger

Publisher: Vintage

ISBN: 030754608X

Category: Law

Page: 880

View: 7623

Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education. From the Trade Paperback edition.

The Hollow Hope

Can Courts Bring About Social Change? Second Edition

Author: Gerald N. Rosenberg

Publisher: University of Chicago Press

ISBN: 9780226726687

Category: Political Science

Page: 534

View: 3783

In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.

Dismantling Desegregation

The Quiet Reversal of Brown V. Board of Education

Author: Gary Orfield,Susan E. Eaton

Publisher: The New Press

ISBN: 1565844017

Category: Education

Page: 424

View: 1689

Discusses the reversal of desegration in public schools