Law School Discussion

I waited to see if anyone else would have posted this on May 17..but better late than never..

HOW COULD WE FORGET!



High Court Bans School Segregation; 9-to-0 Decision Grants Time to Comply

Washington, May 17 -- The Supreme Court unanimously outlawed today racial segregation in public schools.

Chief Justice Earl Warren read two opinions that put the stamp of unconstitutionality on school systems in twenty-one states and the District of Columbia where segregation is permissive or mandatory.

The court, taking cognizance of the problems involved in the integration of the school systems concerned, put over until the next term, beginning October, the formulation of decrees to effectuate its 9-to-0 decision.

The opinions set aside the 'separate but equal' doctrine laid down by the Supreme Court in 1896.

"In the field of public education," Chief Justice Warren said, "the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal."

He stated the question and supplied the answer as follows:

"We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does."

States Stressed Rights

The court's opinion does not apply to private schools. It is directed entirely at public schools. It does not affect the "separate but equal doctrine" as applied on railroads and other public carriers entirely within states that have such restrictions.

The principal ruling of the court was in four cases involving state laws. The states' right to operate separated schools had been argued before the court on two occasions by representatives of South Carolina, Virginia, Kansas and Delaware.

In these cases, consolidated in one opinion, the high court held that school segregation deprived Negroes of "the equal protection of the laws guaranteed by the Fourteenth Amendment."

The other opinion involved the District of Columbia. Here schools have been segregated since Civil War days under laws passed by Congress.

"In view of our decision that the Constitution prohibits the states from maintaining racially segregated public schools," the Chief Justice said, "it would be unthinkable that the same Constitution would impose a lesser duty on the Federal Government.

"We hold that racial segregation in the public schools of the District of Columbia is a denial of the due process of law guaranteeing by the Fifth Amendment to the Constitution."

The Fourteenth Amendment provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The Fifth Amendment says that no person shall be "deprived of life, liberty or property without due process of law."

The seventeen states having mandatory segregation are Alabama, Arkansas, Delaware, Florida, Mississippi, Missouri, North Carolina, Oklahoma, Georgia, Kentucky, Louisiana, Maryland, South Carolina, Tennessee, Texas, Virginia and West Virginia.

Kansas, New Mexico, Arizona and Wyoming have permissive statutes, although Wyoming never has exercised it.

South Carolina and Georgia have announced plans to abolish public schools if segregation were banned.

Although the decision with regard to the constitutionality of school segregation was unequivocal, the court set the cases down for reargument in the fall on questions that previously were argued last December. These deal with the power of the court to permit an effective gradual readjustment to school systems not based on color distinctions.

Other questions include whether the court itself should formulate detailed decrees and what issues should be dealt with. Also whether the cases should be remanded to the lower courts to frame decrees, and what general directions the Supreme Court should give the lesser tribunals if this were done.

I figured this should be a thread..

Are any of you guys thinking about going to the National Bar Associations Convention this yr? It's from July 30-August 6th in Orlando Florida.. I think that the experience would be excellent for the beginning of your legal careers... Even if you can't make it for the entire conference.. consider going to a meeting or two..


http://www.nationalbar.org/news/conferences/80th_annual.shtml

I also advise you guys to get involved with the city bar associations when you enter law school.. Some student (city) bar fees are waived..otherwise you'll pay $12 to become a full member.. there are many networking opportunities that will come from this.. Lawyers will mentor you through Young Lawyers Section.. and it will definitely give you an edge with some firms..

National Association for the Advancement of Colored People
Agnes Jones Jackson Scholarship - NAACP Education Department
Eligibility Requirements: Current regular members of the NAACP for at least one-year or fully paid life members, under the age of 25 before the deadline, must be a full-time student and have at least a 3.0 (B) GPA.
Scholarship Amount: $2,500
Application Deadline: April 30
Contact Information: 4805 Mt. Hope Drive, Baltimore, MD 21215, call 410-358-8900, fax 410-358-1607

 

1829-1897 John Mercer Langston

John Mercer Langston was the first Black person known to have applied to an American law school (1850) located in Ballston Spa, New York. A graduate of Oberlin College and Oberlin resident for 15 years, he was a black leader of conviction and influence, a visionary reformer, and an accomplished statesman and lawyer.

Langston was born free in 1829 in Louisa County Virginia, the youngest of four children. His father, Ralph Quarles, was a wealthy white planter and slaveholder. Langston's mother, Lucy Langston, was an emancipated slave of Indian and Black ancestry. Both parents died in 1834 after brief, unrelated illnesses. Langston was left a sizable inheritance which ensured his financial independence.

William Gooch, a friend of Quarles who lived in Chillicothe, Ohio, cared for Langston and his brothers Charles and Gideon. In 1838, Gooch moved his family to Missouri, a slave state. A court ruled that Langston's inheritance would be threatened if he accompanied them. Langston moved to Cincinnati, where he became enamored with the tight-knit community of freedmen which persisted in the face of relentless bigotry.

At the age of 14, Langston enrolled in the Preparatory Department at Oberlin College. While a student at Oberlin he excelled in debate. He graduated from the Collegiate Department in 1849, the fifth black man to do so. Inspired by his experiences in Cincinnati, he involved himself in the black rights movement. In 1848, at the invitation of Frederick Douglas, Langston delivered an impromptu speech to the National Black Convention in Cleveland, condemning those who refused to help fugitive slaves.

Langston enrolled in the graduate program in Theology at Oberlin in preparation for later legal study. He obtained a Master's degree, but was denied entry to law school because he refused to "pass" as a race other than Black and be separated from his White classmates. Embittered but undeterred, he read law under Philemon Bliss of Elyria. Langston became the first black lawyer in Ohio, passing the Bar in 1854

Langston's interest and commitment to black freedom continued to flourish. With the aid of his brothers Gideon and Charles, Langston organized antislavery societies at both the state and local level. He also helped runaway slaves to escape along the Ohio section of the Underground Railroad. Langston's public addresses about social reform were broad and included appeals for women's rights and temperance.

Langston moved to Oberlin in 1856 where he again involved himself in town government. From 1865 - 1867 he served as a city councilman and from 1867-1868 he served on the Board of Education. His law practice established and respected, Langston handled legal matters for the town. Langston vigilantly supported Republican candidates for local and national office. He is credited with helping to steer the Ohio Republican party towards radicalism and a strong antislavery position.

Langston grew increasingly frustrated with resistance to his ideas. In 1852 he advocated black resettlement. Two years later he reversed his position. Further radicalized, he advocated armed resistance. He conspired with John Brown to raid Harpers Ferry, but declined to participate.

With the coming of the Civil War, Langston organized black volunteers for the Union cause. As chief recruiter in the West, he assembled the Massachusetts 54th, the nation's first black regiment, and the Massachusetts 55th and the 5th Ohio. Later in the war, Langston sought military commission, that he might lead a group of black soldiers in battle. His request found support in upper ranks of the Army, but the war ended before the order could be executed

Selected by the Black National Convention to lead the National Equal Rights League in 1864, Langston carried out extensive suffrage campaigns in Ohio, Kansas and Missouri. Langston's vision was realized in 1867, with Congressional approval of suffrage for black males.

Langston saw that the rights of newly freed slaves were protected as Educational Inspector for the Freedman's Bureau, He traveled throughout the South advocating educational opportunity, political equality and economic justice coupled with individual responsibility. His addresses were well received by blacks and whites alike and propelled him to national prominence.

In 1868, Langston organized the Law department at Howard University in Washington, and, in the tradition of Oberlin, made its hallmark race and gender diversity. Later he served as Acting President. His 1875 bid to attain the presidency of the school failed, as the trustees dismissed his candidacy on racial grounds.

For the eight years that followed, Langston served as consul-general in Haiti. He returned to the States after a contract dispute and assumed the presidency of Virginia Normal and Collegiate Institute in 1885.

Langston again bolstered his national reputation in 1888, running as an independent for a seat in the US House of Representatives. His victory was contested for 18 months and he served for 6 months before being unseated in the next election. Langston was the first African American elected to Congress from Virginia.

Langston retired in 1894, after which he wrote From the Virginia Plantation to the National Capital, his autobiography. He died in Washington, D.C., on Nov. 15, 1897. The town of Langston, Okla., home of Langston University, is named after him.