From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Biographies & Memoirs

Tushnet, Mark V.

Community & Culture

Oxford University Press

Designed as a supplement for constitutional law courses and seminars, this text by Seidman and Tushnet uses examples drawn from the popular press, public discussion and law articles to show how and why constittional debate has evolved into the political conundrum it has become. They examine the debates on issues such as free speech, criminal procedure, discrimination, and capital punishment, and the views of Robert Bork, Laurence Tribe, Cass Sunstein, and other prominent figures in the field.

Remnants of Belief: Contemporary Constitutional Issues

Seidman, Louis Michael

Constitutional Law

Popular debate about constitutional issues such as abortion, affirmative action, the death penalty, and free speech, has become increasingly polarized, with a persistent and growing tendency to treat constitutional questions such as these as if they were easy and the answers obvious. In Remnants of Belief: Contemporary Constitutional Issues, Seidman and Tushnet investigate this phenomenon, tracing its beginning to the transformation of American government that accompanied the New Deal revolution over a half century ago. In their investigation, the authors examine the debates on issues such as free speech, criminal procedure, discrimination, and capital punishment, and the views of prominent figures in the field such as Robert Bork, Laurence Tribe, and Cass Sunstein. The book explores popular constitutional argument and suggests some common reasons why all sides of modern constitutional debate are unsatisfactory. It explores the reasons why constitutional argument has ceased to serve its primary function: to bridge the gaps between citizens by appealing to the principles that unite them.

Remnants of Belief: Contemporary Constitutional Issues (10)

Politics & Social Sciences

Social Sciences

From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.

The casebook introduces students to the reasons for regulation, the ways in which regulation can go awry, the choice of legal institutions, the choice of regulatory instruments, and the art of statutory interpretation. The book uses several substantive subject areas as recurring themes, all involving the regulation of risk. The primary market for this casebook are law students taking a course on the Regulatory State; a secondary market may be found in schools of public policy.

The Regulatory and Administrative State: Materials, Cases, Comments (Twenty-First Century Legal Education)

Heinzerling, Lisa

Administrative Law

Few constitutional disputes maintain as powerful a grip on the public mind as the battle over the Second Amendment. The National Rifle Association and gun-control groups struggle unceasingly over a piece of the political landscape that no candidate for the presidency--and few for Congress--can afford to ignore. But who's right? Will it ever be possible to settle the argument? In Out of Range, one of the nation's leading legal scholars takes a calm, objective look at this bitter debate. Mark V. Tushnet brings to this book a deep expertise in the Constitution, the Supreme Court, and the role of the law in American life. He breaks down the different positions on the Second Amendment, showing that it is a mistake to stereotype them. Tushnet's exploration is honest and nuanced; he finds the constitutional arguments finely balanced, which is one reason the debate has raged for so long. Along the way, he examines various experiments in public policy, from both sides, and finds little clear evidence for the practical effectiveness of any approach to gun safety and prosecution. Of course, he notes, most advocates of the right to keep and bear arms agree that it should be subject to reasonable regulation. Ultimately, Tushnet argues, our view of the Second Amendment reflects our sense of ourselves as a people. The answer to the debate will not be found in any holy writ, but in our values and our vision of the nation. This compact, incisive examination offers an honest and thoughtful guide to both sides of the argument, pointing the way to solutions that could calm, if not settle, this bitter dispute.

Out of Range: Why the Constitution Can't End the Battle over Guns (Inalienable Rights)

A Court Divided: The Rehnquist Court and the Future of Constitutional Law

A penetrating exploration of the Supreme Court and its dynamics on the eve of Justice Rehnquist's retirement cites the division between its liberals and conservatives, documenting how the Court has promoted the economic agenda of today's conservatives while regularly defeating conservative social issues. 13,000 first printing.

A Court Divided: The Rehnquist Court And The Future Of Constitutional Law

Rules & Procedures

W.W. Norton & Co., Inc.

Describes the people playing major roles in the battle for desegregation and the smaller court cases that led up to Brown v. The Board of Education

Brown V. Board of Education: The Battle for Integration (Historic Supreme Court Cases)

Children's Books

Franklin Watts

What makes this book interesting and important is that it provides an unwitting or at least unself-conscious example of the general theorizing it wishes to explain. For this reason, its descriptions of the particular family of theories that characterize American constitutional jurisprudence are distorted, while it disclaims any account of the particular set of objections that the author poses to these theories.

Red, White, and Blue: A Critical Analysis of Constitutional Law

Harvard University Press

Slave Law in the American South: State v. Mann in History and Literature (Landmark Law Cases and American Society)

Tying together legal, historical, social, political and literary strands to show how the law itself was implicated in the persistence of slavery, this work sheds new light on slavery and Southern history, as it probes the conscience of a troubled jurist incapable of fully transcending his times.

Slave Law in the American South: State V. Mann in History and Literature (Landmark Law Cases and American Society)

Legal History

Univ Pr of Kansas

See the best price to sell, buy, or rent books by Tushnet, Mark V.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Tushnet, Mark V.

See the best price to sell, buy, or rent books by Tushnet, Mark V.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

Remnants of Belief: Contemporary Constitutional Issues

Remnants of Belief: Contemporary Constitutional Issues (10)

Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1936-1961

The Regulatory and Administrative State: Materials, Cases, Comments (Twenty-First Century Legal Education)

Out of Range: Why the Constitution Can't End the Battle over Guns (Inalienable Rights)

A Court Divided: The Rehnquist Court And The Future Of Constitutional Law

Brown V. Board of Education: The Battle for Integration (Historic Supreme Court Cases)

Red, White, and Blue: A Critical Analysis of Constitutional Law

Slave Law in the American South: State V. Mann in History and Literature (Landmark Law Cases and American Society)