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Justice Robert H. Jackson's unpublished opinion in Brown v. Board / David M. O'Brien.

By: O'Brien, David M [author.].
Material type: TextTextSeries: JSTOR eBooks.Publisher: Lawrence, Kansas : University Press of Kansas, 2017Copyright date: ©2017Description: 1 online resource (xii, 220 pages) : illustrations.Content type: text Media type: computer Carrier type: online resourceISBN: 9780700625192; 0700625194.Other title: Justice Robert H. Jackson's unpublished opinion in Brown v. Board : conflict, compromise, and constitutional interpretation [Spine title].Subject(s): Judicial opinions -- United States | Segregation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| Justice, Administration of -- United StatesAdditional physical formats: Print version:: Justice Robert H. Jackson's unpublished opinion in Brown v. Board.DDC classification: 344.73/0798 Online resources: Click here to view this ebook.
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-- Nine scorpions in a bottle -- Justice and company -- Crossing the Rubicon -- This is the end -- Justice Jackson's unpublished opinion -- Brown v. Board of Education of Topeka, Kansas -- Bolling v. Sharpe -- Timeline and background for Brown and Justice Jackson.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remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion.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.
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Electronic Book UT Tyler Online
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KF228.B76 O27 2017 (Browse shelf) https://ezproxy.uttyler.edu/login?url=http://www.jstor.org/stable/10.2307/j.ctt1xhr7m8 Available on1015377629
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KF228.A653 S855 2009 Prison religion KF228.B613 W358 2013 Congress, the Supreme Court, and Religious Liberty : KF228.B76 H63 2013 A storm over this court : KF228.B76 O27 2017 Justice Robert H. Jackson's unpublished opinion in Brown v. Board / KF 228.B76 P38 2001 Brown v. Board of Education : KF228.B778 M38 2011 Lincoln apostate : KF228.D44D68 2015 The Right Wrong Man :

Includes bibliographical references (pages 191-207) and indexes.

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.

"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.

Print version record.

Reviews provided by Syndetics

CHOICE Review

Using Justice Jackson's evolving views on segregation as a focal point, O'Brien (UVA) provides a wealth of background material on arguably the most significant Supreme Court decision of the 20th century. Chapter 1 presents Jackson as "principled pragmatist" in judicial philosophy, who with but one year of law school was unusually well read and articulate. Next O'Brien describes the views and independence of the justices with whom Jackson interacted during his tenure. Chapter 3 emphasizes the increased influence of clerks on the justices after the court moved into the Supreme Court building in 1935. Here, O'Brien discusses in detail a memo from Rehnquist, then a clerk to Jackson, while the justice was drafting his views on the Brown case, declaring that Plessy v. Ferguson (1896) should be reaffirmed. The final two chapters argue that regardless of what Jackson thought the Fourteenth Amendment originally meant, he was convinced that change was needed and he deferred to Warren's majority opinion in order to achieve unanimity. This short book, which includes a chronology, relevant opinions, and extensive endnotes and bibliography, is an exceptionally useful resource for understanding the Brown decision. Summing Up: Highly recommended. Upper-division undergraduates through faculty. --Robert A. Heineman, emeritus, Alfred University

Author notes provided by Syndetics

David Michael O'Brien was born in Rock Springs, Wyoming on August 30, 1951. He received a bachelor's degree in political science and philosophy, a master's degree in political science, and a Ph.D. in political science from the University of California, Santa Barbara. He taught politics at the University of Puget Sound and served briefly as chairman of its politics department. He joined the faculty of the University of Virginia in 1979 and taught politics there for almost four decades. He wrote, co-wrote, or edited more than a dozen books. His book, Storm Center: The Supreme Court in American Politics, won the American Bar Association's Silver Gavel Award. He died of lung cancer on December 20, 2018 at the age of 67. <p> (Bowker Author Biography)

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