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The Road to Brown

Background to the Case. Argument14th AmendmentEqual ProtectionChief Engineer of the CaseCharles Hamilton HoustonSpecial Counsel, 1934Lawyer as Social EngineerQuoteLegal Realist. How to Kill Jim Crow. Questions in the 1930'sWhat strategy should be used?Direct or Indirect AttackShould legalism be used?StrategyNathan MargoldDirect AttackProsConsHouston's PlanAttack Education3 Tiered AttackProblem.

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The Road to Brown

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    1. The Road to Brown The NAACP’s Attack on Plessy v. Ferguson

    2. Background to the Case Argument 14th Amendment Equal Protection Chief Engineer of the Case Charles Hamilton Houston Special Counsel, 1934 Lawyer as Social Engineer Quote Legal Realist

    3. How to Kill Jim Crow Questions in the 1930’s What strategy should be used? Direct or Indirect Attack Should legalism be used? Strategy Nathan Margold Direct Attack Pros Cons Houston’s Plan Attack Education 3 Tiered Attack Problem

    4. How to Kill Jim Crow Why Legalism? W.E.B Du Bois Economic Nationalism Ignoring other Problems Should focus on Equal Opportunity NAACP as a Roots Organization Ella Baker Highlander School Growing Support An American Dilemma, 1944 Assimilation & Integration Post War America

    5. A Change in Direction Economy of the ’30s Depression Economy of the ‘40s Boom Move North ? Move to Direct Attack AAs = Political Force More Clients More Lawyers Legal Defense Education Fund, 1939 Thurgood Marshall

    6. Legal Road to Brown American Apartheid Roberts v. Boston, 1849 Nat’l Issue States Rights Plessy v. Ferguson, 1895 Harlan’s Dissent Harlan’s Bigotry Acceptance of Plessy Gong Lum v. Rice, 1927 Stigma of Race States define Race Salary Equalization Abandoned

    7. Legal Road to Brown Nibbling @ Plessy Pearson v. Murray, 1936 MD Law School Missouri ex rel. Gaines v. Canada, 1938 Sipuel v. Oklahoma Board of Regents, 1948 Make Shift Schools Still Segregated Direct Attack Sweatt v. Painter & McLaurin v. OK Board of Regents, 1949 Failed, but Inherent Inequality Psychological Evidence Restrictive Covenants Other Support Howard McGrath Harry Truman

    8. Brown v. Board of Education of Topeka, KS Briggs v. Elliott, Davis v. Prince Edward Co, Belton v. Gebhart, & Bolling v. Sharpe Briggs v. Elliott Clear Denial of Funding Damaged Psyches Ken & Mamie Clark White Dolls & Black Dolls Changes in the Court Earl Warren for Vinson Decision had to be unanimous Arguments Initial Stages…Intent of the 14th The Decision … Brown II

    9. Reaction to Brown

    10. Reaction to the Decision

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