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Author O'Brien, David M., author.

Title Justice Robert H. Jackson's unpublished opinion in Brown v. Board / David M. O'Brien.

Publication Info. Lawrence, Kansas : University Press of Kansas, [2017]


Location Call No. OPAC Message Status
 Axe 3rd Floor Stacks  344.0798 Ob6j 2017    ---  Available
Description xii, 220 pages : illustrations ; 25 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
Bibliography Includes bibliographical references (pages 191-207) and indexes.
Contents Introduction: a story retold -- He travels fastest who travels alone -- Nine scorpions in a bottle -- Justice and company -- Crossing the Rubicon -- This is the end -- Justice Jackson's unpublished opinion -- Brown v. Board of Education of Topeka, Kansas -- Bolling v. Sharpe -- Timeline and background for Brown and Justice Jackson.
Summary "Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, [this book] provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over "original intent" versus a "living Constitution," the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling." -- Publisher's website.
Subject Brown, Oliver, 1918-1961 -- Trials, litigation, etc.
Topeka (Kan.). Board of Education -- Trials, litigation, etc.
Jackson, Robert H., 1892-1954.
Brown, Oliver, 1918-1961. (OCoLC)fst01717340
Jackson, Robert H., 1892-1954. (OCoLC)fst01898296
Topeka (Kan.). Board of Education. (OCoLC)fst00551837
Judicial opinions -- United States.
Segregation in education -- Law and legislation -- United States.
Discrimination in education -- Law and legislation -- United States.
African Americans -- Civil rights.
Constitutional law -- United States.
Justice, Administration of -- United States.
African Americans -- Civil rights. (OCoLC)fst00799575
Constitutional law. (OCoLC)fst00875797
Discrimination in education -- Law and legislation. (OCoLC)fst00895042
Judicial opinions. (OCoLC)fst00984685
Justice, Administration of. (OCoLC)fst00985154
Segregation in education -- Law and legislation. (OCoLC)fst01111224
United States. (OCoLC)fst01204155
Genre/Form Trial and arbitral proceedings. (OCoLC)fst01774319
Trials, litigation, etc. (OCoLC)fst01423712
Trial and arbitral proceedings.
Spine Title Justice Robert H. Jackson's unpublished opinion in Brown v. Board : conflict, compromise, and constitutional interpretation
ISBN 9780700625185 hardcover alkaline paper
0700625186 hardcover alkaline paper
9780700625192 electronic book
0700625194 electronic book

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