• History

The struggle for student rights

Tinker v. Des Moines and the 1960s
Author: John W. Johnson
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 250
View: 6999
The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever pitch with the anti-Vietnam War movement. When anti-war sentiment "invaded" American schools, official resolve to retain order in the classroom vied with the rights of students to speak freely. A key event in that face-off was the Supreme Court decision in Tinker v. Des Moines. In 1965, five public school students in Des Moines -- including John Tinker, a Methodist minister's son -- protested the Vietnam War by wearing black armbands in defiance of school policy. Suspended on disciplinary grounds that were upheld in federal court, the students took their case to the Supreme Court, arguing that they had been denied their right of freedom of expression under the First Amendment. Ruling in their favor, the Court determined that armbands did not constitute a sufficient reason to abridge free speech -- a decision that helped provide a legal foundation for subsequent anti-war protests. John Johnson now offers a detailed account of Tinker that captures the personal struggle of the litigants and places this seminal constitutional controversy in the legal and historical context of the 1960s. In this highly readable book, he shows that the case is important for its divergent perspectives on the limits of free speech and explains how the majority and dissenting Court opinions mirrored contemporary attitudes toward the permissible limits of public protest. As the most important student rights case ever to reach the Supreme Court, Tinker raises important issues regarding First Amendment freedoms and is a strong precedent for both the rights ofpublic school students and legitimate civil disobedience. The Struggle for Student Rights contains previously unpublished information and insights on this well-known case and provides a fascinating legal window on a turbulent era. With federal and state courts now considering the limits of speech and symbolic expressions in our schools, it makes a significant contribution to understanding the principles that are at stake.

    • History

Sexual harassment and the law

the Mechelle Vinson case
Author: Augustus B. Cochran
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 227
View: 7229
Title Vll of the 1964 Civil Rights Act may have outlawed sex discrimination, but it did not address the sexual harassment of women in the workplace--behavior that courts did not deem illegal until well into the era of the modern civil rights and women's movements. Mechelle Vinson's lawsuit against her employer, "Meritor Savings Bank v. Vinson (1986), changed all of that. Adopting the legal theory pioneered by feminist Catharine MacKinnon that sexual harassment was indeed discriminatory, the Supreme Court's opinion, authored by one of the most conservative justices, brought the problem of sexual harassment into the spotlight and placed power relations between men and women at work squarely on the public agenda. Plaintiff Vinson claimed that she had submitted to the unwanted sexual advances of her supervisor in order to hold onto her job. Although her supervisor denied her charges and the bank he worked for disavowed any knowledge of misbehavior, her suit finally reached the Supreme Court after sixyears of litigation, where a unanimous Court determined that the creation of a "hostile work environment" through sexual harassment was a form of sex discrimination--and that such harassment could be actionable even without economic injury to the plaintiff. Augustus Cochran reexamines the origins, contexts, and impact of this landmark decision and introduces readers to the main actors in the drama: bank teller Vinson, her boss and alleged harasser, and a changing cast of jurists. Cochran traces the case from the lower court's ruling in favor of the bank through the appellate stage overturning that ruling to the Supreme Court's holding that sexual harassment violates Title VII. He analyzes thedecision's contentious legacy, charting the course of issues raised in the case--hostile environment, unwelcomeness, employer liability--as they have played out in later cases. He also examines new and related legal developmen

    • History

When the Nazis came to Skokie

freedom for speech we hate
Author: Philippa Strum
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 172
View: 5152
In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.

    • Psychology

Childhood and Adolescence in Society

Selections From CQ Researcher
Author: CQ Researcher,
Publisher: SAGE
ISBN: 1452236062
Category: Psychology
Page: 336
View: 2281
About CQ Researcher Readers In the tradition of nonpartisan and current analysis that is the hallmark of CQ Press, CQ Researcher readers investigate important and controversial policy issues. Childhood and Adolescence in Society aims to promote in-depth discussion, facilitate further research, and help readers formulate their own positions on crucial issues in the field, such as child soldiers, teen pregnancy, and violence and bullying. Offer your students the balanced reporting, complete overviews, and engaging writing that CQ Researcher has consistently provided for more than 80 years. Each article gives substantial background and analysis of a particular issue as well as useful pedagogical features to inspire critical thinking and to help students grasp and review key material. Key Features Pro/con boxes that examine two competing sides of a single question Detailed chronologies of key dates and events Annotated bibliographies and web resources Outlook sections that address possible regulation and initiatives from Capitol Hill and the White House over the next 5 to 10 years Photos, charts, graphs, and maps

    • History

The Japanese American Cases

The Rule of Law in Time of War
Author: Roger Daniels
Publisher: Landmark Law Cases & American
ISBN: 9780700619269
Category: History
Page: 224
View: 8141
"Focuses on four Supreme Court cases involving Japanese Americans who were forcibly detained and relocated to interment camps in the early months of World War II, despite the absence of any charges or trials to address the validity of their implied guilt. Daniels, one of the acclaimed authorities on this subject, reminds us that Constitution promises much but does not always deliver when the nation is in crisis"--

    • History

Capital punishment on trial

Furman v. Georgia and the death penalty in modern America
Author: David M. Oshinsky
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 144
View: 6222
In his first book since the Pulitzer Prize--winning Polio: An American Story, renowned historian David Oshinsky takes a new and closer look at the Supreme Court's controversial and much-debated stances on capital punishment--in the landmark case of Furman v. Georgia. Career criminal William Furman shot and killed a homeowner during a 1967 burglary in Savannah, Georgia. Because it was a "black-on-white" crime in the racially troubled South, it also was an open-and-shut case. The trial took less than a day, and the nearly all-white jury rendered a death sentence. Aided by the NAACP's Legal Defense Fund, Furman's African-American attorney, Bobby Mayfield, doggedly appealed the verdict all the way to the U.S. Supreme Court, which in 1972 overturned Furman's sentence by a narrow 5--4 vote, ruling that Georgia's capital punishment statute, and by implication all other state death-penalty laws, was so arbitrary and capricious as to violate the Eighth Amendment's prohibition against "cruel and unusual punishment." Furman effectively, if temporarily, halted capital punishment in the United States. Every death row inmate across the nation was resentenced to life in prison. The decision, however, did not rule the death penalty per se to be unconstitutional; rather, it struck down the laws that currently governed its application, leaving the states free to devise new ones that the Court might find acceptable. And this is exactly what happened. In the coming years, the Supreme Court would uphold an avalanche of state legislation endorsing the death penalty. Capital punishment would return stronger than ever, with many more defendants sentenced to death and eventually executed. Oshinsky demonstrates the troubling roles played by race and class and region in capital punishment. And he concludes by considering the most recent Supreme Court death-penalty cases involving minors and the mentally ill, as well as the impact of international opinion. Compact and engaging, Oshinsky's masterful study reflects a gift for empathy, an eye for the telling anecdote and portrait, and a talent for clarifying the complex and often confusing legal issues surrounding capital punishment.

    • Juvenile Nonfiction

Tinker Vs. Des Moines


Author: Doreen Rappaport
Publisher: StarWalk Kids Media
ISBN: 1623341957
Category: Juvenile Nonfiction
Page: 154
View: 1545
In 1965, school officials in Des Moines, Iowa, banned the wearing of black arm bands by students mourning the dead in the Vietnam War. When the students wore the arm bands anyway, they were suspended. Were the students' constitutional rights violated? Readers will sit in the judge's chair and decide who is right.

    • History

The Insular cases and the emergence of American empire


Author: Bartholomew H. Sparrow
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 300
View: 4800
When the United States took control of Cuba, Puerto Rico, the Philippines, and Guam following the Spanish-American War, it was unclear to what degree these islands were actually part of the U.S. and, in particular, whether the Constitution applied fully, or even in part, to their citizens. By looking closely at what became known as the Insular Cases, Bartholomew Sparrow reveals how America resolved to govern these territories. Sparrow follows the Insular Cases from the controversial Downes v. Bidwell in 1901, which concerned tariffs on oranges shipped to New York from Puerto Rico and which introduced the distinction between incorporated and unincorporated territories, to Balzac v. Puerto Rico in 1922, in which the Court decided that Puerto Ricans, although officially U.S. citizens, could be denied trial by jury because Puerto Rico was "unincorporated." There were 35 Insular Cases in all, cases stretching across two decades, cases in which the Court ruled on matters as diverse as tariffs, double jeopardy, and the very meaning of U.S. citizenship as it applied to the inhabitants of the offshore territories. Providing a new look at the history and politics of U.S. expansion at the turn of the twentieth century, Sparrow's book also examines the effect the Court's decisions had on the creation of an American empire. It highlights crucial features surrounding the cases--the influence of racism on the justices, the need for naval stations to protect new international trade, and dramatic changes in tariff policy. It also tells how the Court sanctioned the emergence of two kinds of American empire: formal territories whose inhabitants could be U.S. citizens but still be denied full politicalrights, and an informal empire based on trade, cooperative foreign governments, and U.S. military bases rather than on territorial acquisitions. The Insular Cases and the Emergence of American Empire reveals how the United States handled its first major episode of globalization and how the Supreme Court, in these cases, crucially redirected the course of American history.

    • Law

The Battle for the Black Ballot

Smith V. Allwright and the Defeat of the Texas All-white Primary
Author: Charles L. Zelden
Publisher: N.A
ISBN: N.A
Category: Law
Page: 156
View: 3418
The history of voting rights in America is a checkerboard marked by dogged progress against persistent prejudice toward an expanding inclusiveness. The Supreme Court decision in Smith v. Allwright is a crucial chapter in that broader story and marked a major turning point for the modern civil rights movement. Charles Zelden's concise and thoughtful retelling of this episode reveals why. Denied membership in the Texas Democratic Party by popular consensus, party rules, and, from 1923 to 1927, state statutes, Texas blacks were routinely turned away from voting in the Democratic primary in the first decades of the twentieth century. Given that Texas was a one-party state and that the primary effectively determined who held office, this meant the total exclusion of Texas blacks from the political process. This practice went unchecked until 1940, when Lonnie Smith, a black dentist from Houston, fought his exclusion by election judge S. E. Allwright in the 1940 Democratic Primary. Defeated in the lowercourts, Smith finally found justice in the U.S. Supreme Court, which ruled 8-1 that the Democratic Party and its primary were not "private and voluntary" and, thus, were duly bound by constitutional protections governing the electoral process and the rights of all citizens. The real meaning of Smith's challenge to the Texas all-white primary lies at the heart of the entire civil rights revolution. One of the first significant victories for the NAACP's newly formed Legal Defense Fund against Jim Crow segregation, it provided the conceptual foundation which underlay Thurgood Marshall's successful arguments in Brown v. Board of Education. It was also viewed by Marshall as one of his most importantpersonal victories. As Zelden shows, the Smith decision attacked the intractable heart of segregation, as it redrew the boundary between public and private action in constitutional law and laid the groundwork for many civil

    • History

Brown V. Board of Education

Caste, Culture, and the Constitution
Author: Robert J. Cottrol,Leland Ware
Publisher: N.A
ISBN: 9780700612895
Category: History
Page: 292
View: 616
Tracing the litigations, highlighting the pivotal role of the NAACP, and including incisive portraits of key players, this book simply but powerfully shows that "Brown" not only changed the national equation of race and caste, it also changed our view of the Court's role in American life.

    • Business & Economics

The Bakke case

race, education, and affirmative action
Author: Howard Ball
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Business & Economics
Page: 231
View: 2341

    • United States

OAH Newsletter


Author: N.A
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 3628

    • History

Roe v. Wade

the abortion rights controversy in American history
Author: N. E. H. Hull,Peter Charles Hoffer
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 370
View: 8238

    • History

Griswold versus Connecticut


Author: John W. Johnson
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 266
View: 9449
Americans value privacy as one their most cherished rights, yet the word "privacy" isn't even mentioned in the U.S. Constitution. It took the supreme Court's ruling in "Griswold v. Connecticut (1965) to bestow constitutional protection upon this right. That remains one of the Court's most hotly debated rulings and led directly to an even more controversial decision in "Roe v. Wade (1973). John Johnson's masterly critique of Griswold-"which observes its 40th anniversary on June 7, 2005-"reminds us once again of its crucial impact on both American law and society. Johnson explores "Griswold's origins in a challenge to Connecticut's 1879 anticontraception law, provides a detailed narrative of its progress, examines the unfolding of the newly secured right of privacy up to recent controversies over same-sex relations, and grounds the story in two key contexts: the struggle within one state to establish the right to birth control and the national debate over the right of privacy. He also provides important insights into the Supreme Court decision in "Poe v. Ullman (1961), which rejected challenges to the Connecticut's law and was itself immediately challenged. In response to "poe, Planned Parenthood opened a clinic in New Haven to dispense birth control advice and devices to married women. Ten days later, a local prosecutor shut the clinic down and indicted executive director Estelle Griswold and her medical director, C. Lee Buxton. Tracing the progress of Griswold's case, Johnson clarifies how privacy or "the right to be let alone" became a judicially constructed right. In one of the most idiosyncratic opinions in the Court's history, Justice William O. Douglas ruled that "emanations" fromfive constitutional amendments afforded protection to the right of privacy, while several other justices proposed competing rationales in support. As he unravels this fascinating tale, Johnson reveals a multifaceted decision

    • History

AHA Perspectives

Newsletter of the American Historical Association Including EIB Notices
Author: N.A
Publisher: N.A
ISBN: N.A
Category: History
Page: N.A
View: 8843

    • Law

The battle over school prayer

how Engel v. Vitale changed America
Author: Bruce J. Dierenfield
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: Law
Page: 263
View: 5317
It has become known to many as the moment when the U.S. Supreme Court kicked God out of the public schools, supposedly paving the way for a decline in educational quality and a dramatic rise in delinquency and immorality. The 6-to-1 decision in Engel v. Vitale (1962) not only sparked outrage among a great many religious Americans, it also rallied those who cried out against what they perceived as a dangerously activist Court. Bruce Dierenfield has written a concise and readable guide to the first--and still most important--case that addressed the constitutionality of prayer in public schools. The 22-word recitation in a Long island school that was challenged in Engel v. Vitale was hardly denominational--not even overtly Christian--but a handful of parents saw it as a violation of the First Amendment's proscription again the establishment of religion. The case forced the Supreme Court to take a stand on Jefferson's "wall of separation" between church and state. When it did so, the Court declared that by endorsing the prayer recitation--no matter how brief, nondenominational, or voluntary--the Long Island school board had unconstitutionally approved the establishment of religion in school. Writing with impeccable fairness and sensitivity, Dierenfield sets his account of the Engel decision in the larger historical and political context, citing battles over a wide range of religious activities in public schools throughout American history. He takes readers behind the scenes at school board meetings and Court deliberations to show real people wrestling with deeply personal issues. Through interviews with many of the participants, he also reveals the large price paid by the plaintiffs andtheir children, who were frequently harassed both during and after the trial. For a long time, opponents of the decision have loudly claimed that it was based on a distorted reading of the First Amendment and deprived Americans of their right to practice religion. Dierenfield shows that the polarizing effect of Engel--a decision every bit as controversial as Roe v. Wade--has reverberated through the subsequent decades and gained intensity with the rise of the religious right. His book helps readers understand why, even in the face of this landmark decision, Americans remain divided on how divided church and state should be.

    • United States

America, History and Life


Author: Eric H. Boehm
Publisher: N.A
ISBN: N.A
Category: United States
Page: N.A
View: 6923
Provides historical coverage of the United States and Canada from prehistory to the present. Includes information abstracted from over 2,000 journals published worldwide.

    • History

Flag burning and free speech

the case of Texas v. Johnson
Author: Robert Justin Goldstein
Publisher: Univ Pr of Kansas
ISBN: N.A
Category: History
Page: 269
View: 2318
When Gregory Lee Johnson burned an American flag as part of a political protest, he was convicted for flag desecration under Texas law. But the Supreme Court, by a contentious 5 to margin, overturned that conviction, claiming that Johnson's action constituted symbolic -- and thus protected -- speech. Heated debate continues to swirl around that controversial decision, both hailed as a victory for free speech advocates and reviled as an abomination that erodes the patriotic foundations of American democracy. Such passionate yet contradictory views are at the heart of this landmark case. Book jacket.

    • Law libraries

Recent Acquisitions


Author: N.A
Publisher: N.A
ISBN: N.A
Category: Law libraries
Page: N.A
View: 7921