What Brown v. Board of Education Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Decision

By Jack M. Balkin | Go to book overview

Index
For references to specific cases, please also see the Table of Cases
Acheson, Dean, 19–20, 195
Ackerman, Bruce, 208; positions taken in opinion of, 44, 58, 59, 64, 69, 70, 208
African Americans, ix, 16, 29, 50, 51, 130. See also Blacks; Negroes
Aleinikoff, T. Alexander, 212
“All deliberate speed,” x, 3, 22, 40, 41, 64, 71, 209, 213, 231
American Association of Law Schools, ix, 212
American Civil Liberties Union, 154
American Jewish Congress, 148, 156n. 5, 156n. 6
Anticaste principle, 127, 129, 212. See also
Antisubordination principle
Anticlassification principle, 11, 12, 13, 55, 56
Antidiscrimination principle, 11, 12, 13, 53, 55, 62
Antisubordination principle, 11, 12, 13, 55, 56, 73n. 21, 127, 203
Aristotle, 151, 152, 156n. 9
Articles of Confederation, 102
Bachmeier, Mark D., 25
Balkin, Jack M., 206; positions taken in opinion of, 44, 49, 52, 53–54, 56, 57, 59, 63,68
Beauregard, Pierre G. T., 164
Bell, Derrick, 21, 22, 28n. 58, 212; positions taken in opinion of, 44, 47, 48, 56, 70
Berea College, 93
Bickel, Alexander M., 26, 27; countermajoritarian difficulty and Brown, 15, 16; study of original intentions behind the Fourteenth Amendment, 36, 53, 72
Bill of Rights, 128, 130, 161, 166, 171n. 12, 182
Black, Charles, Jr., 73n. 21, 203, 209, 211
Black, Hugo, 35, 36, 37, 40, 41, 48, 58, 73n. 23
Black Codes, 34
Blacks, ix, xi, 4, 5, 6, 7, 8, 10, 11, 12, 13, 15, 19, 21, 22, 23, 24, 29, 30, 31, 32, 33, 34, 35, 38, 39, 40, 44, 45, 47, 48, 49, 50, 51, 53, 54, 56, 57, 58, 63, 64, 65, 66, 67, 68, 69, 70, 71, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 88, 89, 93, 100, 101, 103, 104, 105, 110, 143, 144, 146, 147, 148, 149, 150, 155, 158, 159, 160, 163, 165, 169, 170, 185, 186, 188, 189, 190, 191, 192, 194, 195, 196, 205, 206, 208, 209, 210, 224 n.5; use of term in opinions, ix. See also African Americans; Negroes
Blair, Francis P., 163
Bolling v. Sharpe: approaches of participants, 60–64; and original understanding of the Fifth Amendment, 60–61; problems presented by, 59–60. See also Table of Cases
Bork, Robert, 60, 73
Boycott: of buses in Baton Rouge, 23; of buses in Montgomery, 23
Brandeis, Louis D., 94
Brennan, William, 15, 65, 66
Brown, Esther, 31
Brown, Henry B., 10, 11, 50, 117
Brown, Linda, 31, 32, 107
Brown, Oliver, 31, 32
Brown v. Board of Education: arguments in, 32–34; as canonical case, 12; changing meanings of, x, 8–14; and the Civil Rights Movement, 5, 23, 24, 204; as

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