Justice Robert H. Jackson's unpublished opinion in Brown v. Board

Resource Information

The work Justice Robert H. Jackson's unpublished opinion in Brown v. Board represents a distinct intellectual or artistic creation found in University of San Diego Libraries. This resource is a combination of several types including: Work, Language Material, Books.

Label

Justice Robert H. Jackson's unpublished opinion in Brown v. Board

Statement of responsibility

David M. O'Brien

Title variation

Justice Robert H. Jackson's unpublished opinion in Brown v. Board

Title variation remainder

conflict, compromise, and constitutional interpretation

Creator

• O'Brien, David M

Author

• O'Brien, David M

Subject

• Brown, Oliver, 1918-1961
• Brown, Oliver, 1918-1961 -- Trials, litigation, etc
• Constitutional law
• Constitutional law -- United States
• Constitutional law -- United States
• Discrimination in education -- Law and legislation
• Discrimination in education -- Law and legislation -- United States
• Jackson, Robert H, 1892-1954
• Jackson, Robert H, 1892-1954
• African Americans -- Civil rights
• Judicial opinions -- United States
• Justice, Administration of
• Justice, Administration of -- United States
• Segregation in education -- Law and legislation
• Segregation in education -- Law and legislation -- United States
• Topeka (Kan.), Board of Education
• Topeka (Kan.), Board of Education -- Trials, litigation, etc
• United States
• Judicial opinions
• African Americans -- Civil rights

Genre

• Trials, litigation, etc

Language

eng

Summary

"Brown v. Board of Education is widely recognized as one of the US Supreme Court's most important decisions in the twentieth century. Robert H. Jackson, an associate justice on the case, is generally considered one of the Court's most gifted writers. Though much has been written about Brown, citing the writing and remarks of the justices who participated in the 1954 decision, comparatively little has been said about Jackson or his unpublished opinion, which is sometimes even mistakenly taken as a dissenting opinion. This book visits Brown v. Board of Education from Jackson's perspective and, in doing so, offers a reinterpretation of the justice's thinking, and of the Supreme Court's decision making, in a ruling that continues to reverberate through the nation's politics and public life. Weaving together judicial biography, legal history, and judicial politics, [this book] provides a nuanced look at constitutional interpretation, and the intersection of law and politics, from inside the mind of a justice, within the context of a Court deciding a seminal case. Through an analysis of six drafts of Jackson's unpublished concurring opinion, David M. O'Brien explores the justice's evolving thoughts on relevant issues at critical moments in the case. His retelling of Brown presents a new view of longstanding arguments confronted by Jackson and the other justices over "original intent" versus a "living Constitution," the role of the Court, and social change and justice in American political life. The book includes the final draft of Jackson's unpublished opinion, as well as the Warren Court's opinions in Brown and in Bolling v. Sharpe, for comparison, along with a timeline of developments and decision making leading to the Court's landmark ruling." -- Publisher's website

Cataloging source

DLC

Illustrations

illustrations

Index

index present

LC call number

KF228.B76

LC item number

O27 2017

Literary form

non fiction

Nature of contents

bibliography