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What Brown V. Board of Education Should Have Said : The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Decision by Jack M. Balkin (2002, Trade Paperback)
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By Balkin, Jack. Format: Paperback or Softback. Condition Guide. Publication Date: 9/1/2002. Item Availability.
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About this product
Product Identifiers
PublisherNew York University Press
ISBN-10081479890X
ISBN-139780814798904
eBay Product ID (ePID)18038823547
Product Key Features
Number of Pages257 Pages
LanguageEnglish
Publication NameWhat Brown V. Board of Education Should Have Said : The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Decision
SubjectCivil Rights, Jurisprudence, Educational Law & Legislation
Publication Year2002
FeaturesReprint
TypeTextbook
AuthorJack M. Balkin
Subject AreaLaw
FormatTrade Paperback
Dimensions
Item Height0.7 in
Item Weight10.4 Oz
Item Length9 in
Item Width6 in
Additional Product Features
Intended AudienceScholarly & Professional
Reviews"An excellent book-succinct yet deeply researched, well written and filled with telling bits of evidence worked smoothly into an interpretive narrative. An insightful, important study." - Robert Calhoon, author of The Loyalists in Revolutionary America, 1760-1781, "In his crisp That Ever Loyal Island , Papas explores the experiences of the inhabitants of Staten Island during the Revolutionary War to explain why many of them sided with the British instead of joining the American revolutionaries or remaining neutral." - Journal of American History, "Balkan offers his own assessment in a critical introduction and the iconic impact of Brown ." - Black Issues Book Review ,, "Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms." -Journal of the West, "Balkan offers his own assessment in a critical introduction and the iconic impact of Brown ." - Black Issues Book Review, Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms., "Balkan offers his own assessment in a critical introduction and the iconic impact ofBrown." -Black Issues Book Review, "A stimulating debate of a great case."-Library Journal "Balkan offers his own assessment in a critical introduction and the iconic impact of Brown ."- Black Issues Book Review "Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms."- Journal of the West "Passionate, intelligent, accessible, and eloquent. If only the real court would follow suit."-Kirkus, Starred Review "A critical introduction to the original ruling."- Reference & Research Book News "A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time."-Randall Kennedy, Harvard Law School, "Is not only a micro-history, it provides lessons in the winning-and keeping-the 'hearts and minds' of a local civilian population." - On Point, "Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms." - Journal of the West, "Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms." - Journal of the West ,, "In this thought-provoking volume, the academically distinguished 'justices' of the 'Balkin Court' offer competing thoughts about the role of the Supreme Court and the Constitution in overcoming racial discrimination. Complete with helpful introductory material, commentary on their opinions by each 'justice,' and the texts of the original Brown decisions, What Brown v. Board of Education Should Have Said is a valuable source of ideas, commentary, and insights into the challenges of racial discrimination, both historical and present." - Gerald Rosenberg, Northwestern University School of Law, A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time., "A beautifully written, richly descriptive, and thoroughly-researched account of the importance of Staten Island in the American Revolution. This is an important book, demonstrating that a close examination and analysis of local politics, economics, and social structure can hold the key to understanding national history." - Carol Berkin, author of Revolutionary Mothers, "This is an admirable history-thoroughly researched, clearly written, and persuasively argued. It adds significantly to what we have known about the identity of Loyalists and the intensity of the hostility that they faced during the Revolutionary War in the middle colonies." - The Journal of Military History, "A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time." -Randall Kennedy,Harvard Law School, "A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time." - Randall Kennedy, Harvard Law School, "In this thought-provoking volume, the academically distinguished 'justices' of the 'Balkin Court' offer competing thoughts about the role of the Supreme Court and the Constitution in overcoming racial discrimination. Complete with helpful introductory material, commentary on their opinions by each 'justice,' and the texts of the original Brown decisions, What Brown v. Board of Education Should Have Said is a valuable source of ideas, commentary, and insights into the challenges of racial discrimination, both historical and present." -Gerald Rosenberg,Northwestern University School of Law, "This intriguing collection provides unique insights into the way today's constitutional theorists would go about deciding Brown v. Board of Education, and into contemporary constitutional theory more generally. It also illuminates Brown v. Board of Education itself, by bringing the insights of nearly fifty years of experience to bear on the problem the Court faced in 1954. Those interested in Brown and in constitutional theory will all benefit from thinking about what these authors have to say." - Mark Tushnet, Georgetown University Law Center, "A stimulating debate of a great case."-Library Journal "Balkan offers his own assessment in a critical introduction and the iconic impact of Brown."-Black Issues Book Review "Balkin persuasively argues that the courts play a vital role in tempering the nation's political and legal mechanisms."-Journal of the West "Passionate, intelligent, accessible, and eloquent. If only the real court would follow suit."-Kirkus, Starred Review "A critical introduction to the original ruling."- Reference & Research Book News "A remarkable collection of writings. The eminent scholars it features articulate with insight and passion a wide range of views. No other book better relates the Supreme Court's landmark decision of 1954 to the debates and anxieties of our own time."-Randall Kennedy, Harvard Law School, In this thought-provoking volume, the academically distinguished 'justices' of the 'Balkin Court' offer competing thoughts about the role of the Supreme Court and the Constitution in overcoming racial discrimination. Complete with helpful introductory material, commentary on their opinions by each 'justice,' and the texts of the original Brown decisions, What Brown v. Board of Education Should Have Said is a valuable source of ideas, commentary, and insights into the challenges of racial discrimination, both historical and present., "This intriguing collection provides unique insights into the way today's constitutional theorists would go about deciding Brown v. Board of Education, and into contemporary constitutional theory more generally. It also illuminates Brown v. Board of Education itself, by bringing the insights of nearly fifty years of experience to bear on the problem the Court faced in 1954. Those interested in Brown and in constitutional theory will all benefit from thinking about what these authors have to say." -Mark Tushnet,Georgetown University Law Center, This intriguing collection provides unique insights into the way today's constitutional theorists would go about deciding Brown v. Board of Education, and into contemporary constitutional theory more generally. It also illuminates Brown v. Board of Education itself, by bringing the insights of nearly fifty years of experience to bear on the problem the Court faced in 1954. Those interested in Brown and in constitutional theory will all benefit from thinking about what these authors have to say.
Table Of Contentpart i : Brown v. Board of Education-ACritical Introduction 1 Brown as Icon 2 The History of the Brown Litigation 3 Rewriting Brown: A Guide to the Opinions part ii : Revised Opinions in Brown v. Board of Education * Jack M. Balkin (judgment of the Court) * Drew S. Days III (concurring) * Bruce Ackerman (concurring) * Frank I. Michelman (concurring in part and concurring in the judgment) * John Hart Ely (concurring in the judgment except as to the remedy) * Catharine A. MacKinnon (concurring in the judgment) * Michael W. McConnell (concurring in the judgment) * Cass R. Sunstein (concurring in the judgment) * Derrick A. Bell (dissenting)
Edition DescriptionReprint
SynopsisIn this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the "Brown" decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in "Brown" and explaining the current debates over its legacy., Legal experts rewrite the landmark court decision Brown v. Board of Education , the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein., Brown v. Board of Education, the Supreme Court's landmark 1954 decision ordering the desegregation of America's public schools, is perhaps the most famous case in American constitutional law. Criticized and even openly defied when first handed down, in half a century Brown has become a venerated symbol of equality and civil rights. Its meaning, however, remains as contested as the case is celebrated. In the decades since the original decision, constitutional interpreters of all stripes have found within it different meanings. Both supporters and opponents of affirmative action have claimed the mantle of Brown, criticizing the other side for betraying its spirit. Meanwhile, the opinion itself has often been criticized as bland and uninspiring, carefully written to avoid controversy and maintain unanimity among the Justices. As the 50th anniversary of Brown approaches, America's schools are increasingly divided by race and class. Liberals and conservatives alike harbor profound regrets about the development of race relations since Brown, while disagreeing heatedly about the proper role of the courts in promoting civil equality and civil rights. In this volume, nine of America's top constitutional and civil rights experts have been challenged to rewrite the Brown decision as they would like it to have been written, incorporating what they now know about the subsequent history of the United States but making use of only those sources available at the time of the original decision. In addition, Jack Balkin gives a detailed introduction to the case, chronicling the history of the litigation in Brown, and explaining the current debates over its legacy. Contributors include: Bruce Ackerman, Jack M Balkin, Derrick A. Bell, Drew S. Days, John Hart Ely, Catharine A. MacKinnon, Michael W. McConnell, Frank I Michelman, and Cass R. Sunstein., Nine of America's top legal experts rewrite the landmark desegregation decision as they would like it to have been written.
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