Journal of Appellate Practice and Process

Articles from Vol. 6, No. 1, Spring

A Time to Lose
A TIME TO LOSE I wish I had thought of that title, but it was Paul Wilson who chose it for his book about representing the state of Kansas in Brown v. Board of Education. (1) In this installment of From The Library, he explains how he got that job....
Back to Basics: Returning to the Matter of Black Inferiority and White Supremacy in the Post-Brown Era
Except among recent law students, Brown v. Board of Education (1) is better remembered for what it did (namely reject Plessy v. Ferguson's (2) doctrine of "separate but equal") than the grounds on which it did it. The Court in Brown considered whether...
Enforcing Brown in the Little Rock Crisis
In modern America no issue revealed more explicitly the compromise of aspirations than the desegregation of public schools. The Supreme Court in Brown v. Board of Education declared as a fundamental value "separate educational facilities are inherently...
Introduction: Brown in the Supreme Court
May 17, 1954. Almost fifty years ago, the Supreme Court of the United States decided Brown v. Board of Education, (1) and held unanimously that in the field of education separate but equal has no place. It did not overrule Plessy v. Ferguson, (2) the...
Litigation Campaigns and the Search for Constitutional Rules
This Journal's focus on appellate practice and procedure suggests that it might be appropriate and productive to take a somewhat unusual approach to Brown (1) and its significance. Brown was most important, of course, for its role in the transformation...
Reflections on Brown
We celebrate the anniversary of a great moment in our legal history. Fifty years ago, the Supreme Court changed our law bearing on race relations. (1) It did not, however, directly change the society that had made that law, nor did it much alter the...
Speech on Brown V. Board of Education, May 1, 1981
Each spring for the past few years Professor Wilson spoke at the noon forum on his involvement in Brown v. Board of Education. Each year the talk grew more popular. The text below is a near verbatim transcription of last spring's talk. It would be...
The Journal of Appellate Practice and Process: Foreword
READING BROWN I'm not sure that I read Brown in law school. It was excerpted, I think, in my constitutional law textbook, and I suppose that Professor Rapaczynski talked about it sometime during the spring semester ... of maybe it was Professor...
The Journal of Appellate Practice and Process: From the Supreme Court
BROWN ET AL. V. BOARD OF EDUCATION OF TOPEKA ET AL. * NO. 1. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Argued December 9, 1952.--Reargued December 8, 1953.--Decided May 17, 1954. MR. CHIEF JUSTICE WARREN delivered...
The Journal of Appellate Practice and Process: Symposium Discussion
The following is an edited transcript of the discussion that took place during the afternoon session of "Fifty Years Later: Brown in the Appellate Courts," a Journal-sponsored symposium held on April 2, 2004, at the University of Arkansas at Little...
Voices of the Brown Generation: Description of a Project
I am one of the reasons for the Brown litigation. In 1954, I was enrolled in the fourth grade in the Berkeley County Training School in Moncks Corner, South Carolina. The Berkeley County Training School was the public school that educated all of the...