Desegregation from Brown to Alexander: An Exploration of Supreme Court Strategies

By Stephen L. Wasby; Anthony A. D'Amato et al. | Go to book overview

Notes
Preface
1. We fully agree with S. Sidney Ulmer: "Concern over the Supreme Court's myth is . . . totally out of place among the principles that should guide the scholarly enterprise."-- Bricolage and Assorted Thoughts on Working in the Papers of Supreme Court Justices, Journal of Politics 35 ( May 1973): 301. Recently one of the justices himself joined the effort to dispel a number of myths about the Court--concerning the judges' "vacations," their workload, law clerks' influence, and five-to-four decisions. See Lewis F. Powell Jr. , "Myths and Misconceptions about the Supreme Court". American Bar Association Journal 61 ( November 1975): 1344-47.
2. For treatment of that subject, see Daniel Berman, It Is So Ordered ( New York: W. W. Norton, 1966) or Richard Kluger, Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality ( New York: Knopf, 1976). See also Clement Vose, Caucasians Only: The Supreme Court, the NAACP, and the Restrictive Covenant Cases ( Berkeley: University of California Press, 1959).
3. Jonathan Casper, Lawyers before the Warren Court: Civil Liberties and Civil Rights, 1957-66 ( Urbana: University of Illinois Press, 1972).
4. Hans Linde, "Judges, Critics, and the Realist Tradition", Yale Law Journal 82 ( December 1972): 230.
5. Ibid., p. 232.
6. Walter F. Murphy, Elements of Judicial Strategy ( Chicago: University of Chicago Press, 1964), p. 4.
7. David W. Rohde, "Policy Goals and Opinion Coalitions in the Supreme Court", Midwest Journal of Political Science 16 ( May 1972): 208-24. See also David W. Rohde and Harold J. Spaeth , Supreme Court Decision Making ( San Francisco: W. H. Freeman, 1976).
8. Martin Shapiro, Law and Politics in the Supreme Court ( New York: Free Press, 1964), reviewed by Anthony A. D'Amato, California Law Review 53 ( 1965): 713-19; Arthur S. Miller , "On the Need for 'Impact Analysis' of Supreme Court Decisions", "Georgetown Law Journal" 53 ( 1965): 365-401.
9. Jack Greenberg, "The Supreme Court, Civil Rights, and Civil Dissonance", Yale Law Journal 77 ( 1968): 1520-44. Although his approach is somewhat different, also relevant is the study by Joel B. Grossman, "A Model for Judicial Policy Analysis: The Supreme Court and the Sit-In Cases", Frontiers of Judicial Research, ed. Joel B. Grossman and Joseph Tanenhaus ( New York: John Wiley, 1969), pp. 405-60. Some early and important generalizations regarding strategic options in a non judicial context can be found in Roger Fisher, "Slicing Up the Cuban Problem", New Republic, June 15, 1963, pp. 13-15. See also Roger Fisher, International Conflict for Beginners ( New York: Harper and Row, 1969).
10. On the former, see Frederick Wirt, The Politics of Southern Equality ( Chicago: Aldine, 1970) and Robert Crain et al., The Politics of School Desegregation ( Garden City: Doubleday, 1969): on impact, see Stephen L. Washy, The Impact of the United States Supreme Court: Some Perspectives ( Homewood, Ill.: Dorsey Press, 1970) and Theodore Becker and

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