The Washington University Libraries presents an online exhibit of documents regarding the Dred Scott case. American slave Dred Scott (1795?-1858) and his wife Harriet filed suit for their freedom in the Saint Louis Circuit Court in 1846. The U.S. Supreme Court decided in 1857 that the Scotts must remain slaves.
Spanning some fifty-four years, The Union on Trial is a fascinating look at the journals that William Barclay Napton (1808-1883), an editor, Missouri lawyer, and state supreme court judge, kept from his time as a student at Princeton to his death in Missouri. Although a northerner by birth, Napton, the owner or trustee of forty-six slaves, viewed American society through a decidedly proslavery lens. Focusing on events between the 1850s and 1870s, especially those associated with the Civil War and Reconstruction, The Union on Trial contains Napton's political reflections, offering thoughtful and important perspectives of an educated northern-cum-southern rightist on the key issues that turned Missouri toward the South during the Civil War era. Although Napton's journals offer provocative insights into the process of southernization on the border, their real value lies in their author's often penetrating analysis of the political, legal, and constitutional revolution that the Civil War generated. Yet the most obvious theme that emerges from Napton's journals is the centrality of slavery in Missourians' measure of themselves and the nation and, ultimately, in how border states constructed their southernness out of the tumultuous events of the era. Napton's impressions of the constitutional crises surrounding the Civil War and Reconstruction offer essential arguments with which to consider the magnitude of the nation's most transforming conflict. The book also provides a revealing look at the often intensely political nature of jurists in nineteenth-century America. A lengthy introduction contextualizes Napton's life and beliefs, assessing his transition from northerner to southerner largely as a product of his political transformation to a proslavery, states' rights Democrat but also as a result of his marriage into a slaveholding family. Napton's tragic Civil War experience was a watershed in his southern evolution, a process that mirrored his state's transformation and one that, by way of memory and politics, ultimately defined both. Students and scholars of American history, Missouri history, and the Civil War will find this volume indispensable reading.
In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
Winner, 2017 Missouri Conference on History Book Award In 1936, Lloyd Gaines’s application to the University of Missouri law school was denied based on his race. Gaines and the NAACP challenged the university’s decision. Missouri ex rel. Gaines v. Canada (1938) was the first in a long line of decisions by the U.S. Supreme Court regarding race, higher education, and equal opportunity. The court case drew national headlines, and the NAACP moved Gaines to Chicago after he received death threats. Before he could attend law school, he vanished. This is the first book to focus entirely on the Gaines case and the vital role played by the NAACP and its lawyers—including Charles Houston, known as “the man who killed Jim Crow”—who advanced a concerted strategy to produce political change. Horner and Endersby also discuss the African American newspaper journalists and editors who mobilized popular support for the NAACP’s strategy. This book uncovers an important step toward the broad acceptance of racial segregation as inherently unequal. This is the inaugural volume in the series Studies in Constitutional Democracy, edited by Justin Dyer and Jeffrey Pasley of the Kinder Institute on Constitutional Democracy.
Until recently, many of Missouri’s legal records were inaccessible and the existence of many influential, historic cases was unknown. The ten essays in this volume showcase Missouri as both maker and microcosm of American history. Some of the topics are famous: Dred Scott’s slave freedom suit, Virginia Minor’s women’s suffrage case, Curt Flood’s suit against professional baseball, and the Nancy Cruzan “right to die” case. Other essays cover court cases concerning the uneasy incorporation of ethnic and cultural populations into the United States; political loyalty tests during the Civil War; the alleviation of cruelty to poor and criminally institutionalized children; the barring of women to serve on juries decades after they could vote; and the creation of the “Missouri Court Plan,” a national model for judicial selection.
After a terrible car accident, Nancy Beth Cruzan's body remained lifeless in a coma. Her parents, Joyce and Joe Cruzan, claimed that their daughter would never have wanted to live dependent on life support machinery. However, due to a Missouri state law, the Cruzans were prohibited from removing their daughter from this machinery. When the Cruzans took their case to the Supreme Court, the Court supported the constitutionality of the Missouri law, but also left the door open for the Cruzans' eventual removal of their daughter from life support.
Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.