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Royal C. Gardner, Mitigation, in Wetlands Law and Policy: Understanding Section 404 (Kim Diana Connolly et al. eds., American Bar Association, 2005)Clicking on the button will copy the full recommended citation.
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Peter Lake and Darby Dickerson, Deflating the Risks of Inflatables, NASPA Leadership Exchange 22 (2005)Clicking on the button will copy the full recommended citation.
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Brooke J. Bowman, Quick Tip: Keep Proper Attribution SIMPLE: A Mnemonic for Placing Citations in Proper Citation Format, 20 Second Draft 6 (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion Through Organization: The Final Installment: Transitions, 42 Arizona Attorney 30 (2005)Clicking on the button will copy the full recommended citation.
The article examines how transitions work to connect ideas and enhance the persuasive power of legal writing.
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Judith A.M. Scully, Eliminating Racial Profiling of African Americans in West Virginia and the United States: The Quest for Racial Justice, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Judith A.M. Scully, Brown v. Board of Education, 2 Africalogical Perspectives (2005)Clicking on the button will copy the full recommended citation.
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Kirsten K. Davis, Persuasion through Organization: Another in a Series: Thesis Sentences, 42 Arizona Attorney 50 (2005)Clicking on the button will copy the full recommended citation.
The article examines the thesis sentence in legal writing, a particularly important tool in helping legal readers quickly understand the critical content of paragraphs.
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Kirsten K. Davis, Take the Lime and the Apple and Mix ’em All up, 20 Second Draft 13 (2005)Clicking on the button will copy the full recommended citation.
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Michèle Alexandre, David Gelfand: A Tribute, 37 Urb. Law. 641 (2005)Clicking on the button will copy the full recommended citation.
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James W. Fox, Doctrinal Myths and the Management of Cognitive Dissonance: Race, Law, and the Supreme Court’s Doctrinal Support of Jim Crow, 34 Stetson L. Rev. 293 (2005)Clicking on the button will copy the full recommended citation.
This article, published in 2005 as part of a symposium on Brown v. Board of Education, addresses the contradiction between long-professed and deeply-held equality and liberty principles and a devastating history of racism manifest itself in the Supreme Court’s doctrinal support for Jim Crow segregation. I argue that the Supreme Court managed this dissonance between the legal ideal of equality and the actual practice of racial subordination through the implementation of doctrinal myths, myths which enabled white legal actors and society to retain a formal belief in equality. Through the doctrinal myths of state action, federalism, separate-but-equal, and reasonable segregation, the Court was able to facilitate the white South’s re-establishment of legalized white supremacy, which contravened the basic principles of Reconstruction and the Reconstruction Amendments to the Constitution, and yet at the same time argue that it was all along implementing and preserving the equality ideals of those very Amendments. I also consider how, by studying this period of doctrinal myth-creation, we can perhaps more fully analyze current doctrines affecting racial and legal equality, and, in particular, how appeals to the doctrinal rhetoric of equal citizenship may or may not result in actual movement towards that principle even in the face of societal racial subordination.