Day: March 2, 2017

ConLaw Class 15 – Equal Protection and Desegregation

Class 15 – 3/2/17

Equal Protection and Desegregation

The lecture notes are here.


Brown v. Board of Education

This is Linda Brown, the third-grader who challenged the Topeka, KS law requiring her to enroll in a segregate school.


Here is Brown’s family.


(Linda Brown of Topeka (left), with her parents, Leola and Oliver, and younger sister Terry. ) Here are all of the plaintiffs from the various companion cases to Brown v. Board, and their parents.


Front row: Vicki Henderson, Donald Henderson, Linda Brown, James Emanuel, Nancy Todd, Katherine Carper Back row: Zelma Henderson, Oliver Brown, Sadie Emanuel, Lucinda Todd, Lena Carper. Here is an other photograph of all of the students.


This is Monroe Elementary School at issue in Brown v. Topeka Board of Education. Linda Brown, third grade, was forced to enroll in this all-black school. It was 21 blocks from where she lived.







Here are photographs from inside Monroe Elementary.



The white-Sumner Elementary School was much closer to where Linda lived.


The path to the Supreme Court’s decision in Brown was long and arduous, and quite complicated. Here is a memo from Chief Justice Warren, dated May 7, 1954, querying whether it would be appropriate to have the state Attorneys General provide argument on the case as well.


Here is the oral argument sheet from decision day.scotus-arguments-brownHere is Chief Justice Warren’s draft of the final opinion.warren-copy-brownHere is a memo Justice Felix Frankfurter wrote to Chief Justice Earl Warren on decision day. It reads:

This is a day that will live in glory. It is also a great day in the history of the Court, and not in the least for the course of deliberation which brought about the results. I congratulate you. Felix Frankfurter.”


This iconic photograph is of George E.C. Hayes, Thurgood Marshall, and James Nabrit congratulating each other afther the Court announced the decision in Brown, on may 17, 1954.  court-photo-marshallHere is the entire NAACP Legal Defense Fund legal team:


Another iconic photograph of Linda Brown sitting on the Courthouse steps, with a newspaper blaring the headline,”High Court bans Segregation.”


This newspaper headline, however, belies the greatest limitation of Brown. Desegregation was only ordered with “All deliberate speed.”


Bolling v. Sharpe This is Spottswood Thomas Bolling, Jr., twelve years old. He was not allowed to attend a new junior high school in Washington, D.C. reserved for for whites.Bolling

Please take a moment to look at this slideshow of the Little Rock Nine.

The Little Rock 9:




06 Sep 1957, Little Rock, Arkansas, USA --- Elizabeth Eckford ignores the hostile screams and stares of fellow students on her first day of school. She was one of the nine negro students whose integration into Little Rock's Central High School was ordered by a Federal Court following legal action by NAACP. --- Image by © Bettmann/CORBIS

Gov. Orval Faubus holding up newspaper: “Guns Force Integration.”


A very worthwhile trip if you ever make it to Little Rock.

During my recent trip to Little Rock, I visited the Little Rock Central High School. This is the locus of Cooper v. Aaron, and the school where the famous Little Rock 9 were escorted into the desegregated school by federal troops. What makes this national park site remarkable is that it is *still* an active high school.

Across the street from the school, they refurbished a gas station to appear as it did during the 1950s. It was at this gas station that the media filed their reports.


Gas was $.22 per gallon. Adjusted for inflation, that would be about $2.50 today.


As I approached the school, and climbed those famous steps, I was overcome by a very powerful feeling. Constitutional history was made right here. Looking across the street, I imagined the lynch mobs tormenting those poor students. As I came to the front door of the school, I peered inside, and imagined what those students felt when they entered. (I understand they were rushed to the Principal’s office so they were not intercepted). As chance would have it, classes were in session, so I could not enter the school.


The school is huge. It takes up an entire block, and has many sections.






Across the street from the High School was a visitor center that had some interesting exhibits.

Alas, this sign states an inaccuracy–We the People , as written in in 1787, “included only white male landowners.” I understand the point they were trying to make, but the Constitution itself was not so limited. In fact, it spoke in broad terms of people, and not men. It didn’t even use the word “slave,” but reverted to other euphemisms (other persons, etc.). At the time of the framing, in New Jersey at least, women had the right to vote. They may have even participated in the Constitutional ratification conventions. It would be more accurate for the Museum to have explained how the Constitution was interpreted. But it is not accurate–and somewhat misleading–to state it like this.


One of the cooler exhibits in the Visitor Center was a telegram President Eisenhower sent Governor Orval Faubus.


Here is a PDF of the original, courtesy of the National Archives:

When I became President, I took an oath to support and defend the Constitution of the United States. The only assurance I can give you is that the Federal Constitution will be upheld by me and by every legal means at my command.


Also at the Visitor Center were passes given to White Students, giving them permission to beat up the Black Students.



This was the original docket sheet for Cooper v. Aaron.



Palmer v. Thompson

Rather than desegregate a swimming pool, the city of Jackson, Mississippi filled it with cement.


In 1963, Alabama Governor George Wallace stood in the schoolhouse door at the University of Alabama. President Kennedy ordered the General of the Alabama National Guard to confront him.


Loving v. Virginia

Here are Mildred Delores Loving (nee Jeter)  and Richard Perry Loving. They had three children, Donald, Peggy, and Sidney.


Here is a video of a documentary about their case.

Here is a trailer for a movie about Loving v. Virginia.

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Prop1 Class 15 – Future Interests III: Rule Against Perpetuities

Class 15 – 3/3/17

Future Interests III: Rule Against Perpetuities

  • Rules Furthering Marketability, 303-307
  • Common Law Rule, 307-311 (Skip Class gifts 311-312)
  • Problems, 312-314
  • Perpetuity Reform Movement, 328-332 (skim)
  • Texas Rule Against Perpetuity

Note: Nothing from this lecture, including The Rule Against Perpetuities, will be tested on the final examination. In other words, this is a wrap for RAP. But you will need to know it for the bar exam. Learn it now, and make your life much easier in two years (learning it for the first time out of context is much tougher the month before the bar).

The lecture notes are here.

Thankfully, Texas has abolished the Rule in Shelley’s case, the Doctrine of Worthier Title, and the Rule Forbidding a Remainder in the Grantor’s Heirs. This is the Texas Rule Against Perpetuities.

RULE AGAINST PERPETUITIES. The rule against perpetuities applies to trusts other than charitable trusts. Accordingly, an interest is not good unless it must vest, if at all, not later than 21 years after some life in being at the time of the creation of the interest, plus a period of gestation. Any interest in a trust may, however, be reformed or construed to the extent and as provided by Section 5.043.

In case you were wondering, the youngest mother on record is five-years old. And in a bizarre case, a man adopted his girlfriend to protect his assets.

And, if you hate the Rule against Perpetuities, blame this guy. Orlando Bridgeman, whose crazy conveyances raised the possibility of perpetuity, which led to the creation of the Rule Against Perpetuities.bridgemanDon’t blame me. Blame Orlando. Note: The Rule Against Perpetuities will not be tested on the final examination. In other words, this is a wrap for RAP.

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