The Georgia Journal of International and Comparative Law, 2007
African-Americans reacted to Plessy by establishing racial uplift organizations including the Nat... more African-Americans reacted to Plessy by establishing racial uplift organizations including the National Association for the Advancement of Colored People (NAACP). In the early 1930s, the NAACP hired Charles H. Houston, the dean of Howard University's Law School, to lead the campaign that would challenge segregation in the courts. 36 Houston developed and implemented the long-range legal strategy that eventually resulted in the Supreme Court victories of the 195OS. 3 7 After a series of successful graduate school cases in the 193 Os and '40s, a direct challenge to segregation in schools was launched. The 1954 decision in Brown v. Board ofEducation signaled the end of legal segregation. 3 " The marches, boycotts, and demonstrations of the Civil Rights Movement of the 1950s and '60s persuaded Congress to enact the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. 3 ' These laws ended the era of official, state sanctioned discrimination and segregation. More than forty years after the enactment of civil rights legislation, there are still significant and longstanding disparities between whites and African Americans. In the 2000 Census, 12.9% of the United States' population identified itself as "black alone" or in combination with one or more other races. 4 ' According to the census data, a little more than 54% of the black population resided in the South, nearly 19% lived in the Midwest, nearly 18% lived in the Northeast, and almost 10% lived in the West. 4 ' The 2000 Census also showed that of the localities with populations of 100,000 or more, New York had the largest black population. 4 2 New York was followed by Chicago. 4 3 Detroit, Philadelphia, and Houston had black populations numbering between 500,000 and 1 million. 44 The poverty level for African Americans in 2000 was 24.9%. 45 The median income was $30,439.46 This 36 Id.
The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Mar... more The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Martin Luther King. Both leaders confronted white supremacist regimes with no resources beyond the volunteers who participated in organised protests. They ultimately prevailed against tremendous odds. Segregation and apartheid shared a common purpose. They rigidly controlled each country's black population. Laws and practices determined where blacks could reside, where they could work and where they could attend schools. Under apartheid, every South African was classified into one of three racial groups: white, coloured and black. Blacks could not own property in 80 percent of South Africa's land area. Racial segregation was enforced in all public areas including buildings, services and transportation. In America's southern states, schools, restaurants, hotels, theatres, public transportation and waiting rooms were segregated, as were elevators, parks, public restrooms, hospitals, drinking fountains, prisons and places of worship. In the northern states, many restaurants, theatres and hotels would not serve black patrons. Segregated neighbourhoods were perpetuated by the real estate industry. Blacks were confined to occupations such as maids, cooks, chauffeurs, porters and labourers. This article examines the ways in which segregation and apartheid were fought with marches, boycotts and demonstrations and, in the case of South Africa, armed resistance. King and Mandela took courageous stands against unjust laws. Mandela was banned by the South African government and subsequently imprisoned for 27 years. King gave his life to the struggle when he was assassinated in 1968. Despite the many obstacles, both leaders were able to lead the decades-long struggle to end segregation and apartheid. The Civil Rights Movement in America culminated with the federal legislation of the 1960s. South African apartheid lasted for a generation longer, ending in 1994 with the election of Nelson Mandela as president. In both countries, justice eventually prevailed. "[T]he arc of the moral universe is long, but it bends toward justice".
The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Mar... more The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Martin Luther King. Both leaders confronted white supremacist regimes with no resources beyond the volunteers who participated in organised protests. They ultimately prevailed against tremendous odds. Segregation and apartheid shared a common purpose. They rigidly controlled each country's black population. Laws and practices determined where blacks could reside, where they could work and where they could attend schools. Under apartheid, every South African was classified into one of three racial groups: white, coloured and black. Blacks could not own property in 80 percent of South Africa's land area. Racial segregation was enforced in all public areas including buildings, services and transportation. In America's southern states, schools, restaurants, hotels, theatres, public transportation and waiting rooms were segregated, as were elevators, parks, public restrooms, hospital...
This article compares conditions in South Af rica before and after apartheid to the circumstances... more This article compares conditions in South Af rica before and after apartheid to the circumstances in America during and after segregation. During the eras of segregation and apartheid, conditions for Black people in America and South Af rica were oppressive in the extreme. The two systems had some differences, but the overall impact was the same.
This presentation was given at the SCHEV Civic Engagement Education and Assessment meeting on Jun... more This presentation was given at the SCHEV Civic Engagement Education and Assessment meeting on June 9, 2017.
As the coronavirus spread across the United States early in 2020, a trend seemed to emerge: Black... more As the coronavirus spread across the United States early in 2020, a trend seemed to emerge: Black Americans were getting sick, and were dying, in disproportionate numbers. In early April, Michigan and Wisconsin reported infection rates among Black Americans over twice as high as their proportion of the population. 1 By mid-April, The Lancet was reporting that deaths due to COVID were disproportionately high among Black Americans across the country. 2 On April 23, Congress, as part of the Paycheck Protection Program and Health Care Enhancement Act, required the federal government to include race and ethnicity among other demographic data in its COVID analyses, and while the data subsequently reported by the Centers for Diseases Control and Prevention (CDC) was limited, it clearly confirmed the trend: the pandemic was having an especially lethal impact on Black Americans. Delaware began reporting racial and ethnic breakdowns on April 24, and the first numbers were consistent with the national trend: among lab-confirmed positive cases for which race was reported, more were Black than white, even though there were three times as many white Delawareans. The trend was, on the surface, incommensurate with our understanding of viruses, which, after all, do not select their victims, on account of race or otherwise. But of course, it is completely consistent with our understanding of health conditions-and of health risks-in Delaware, and in the nation: they are riddled with inequalities, and the inequalities have a distinct racial cast. At this writing, the CDC reports that of the confirmed cases for which racial data were available, 34.9% are white, roughly half that demographic's proportion of the U.S. population, while 22.0% are Black, roughly double that demographic's proportion of the population, yielding an incident rate roughly four times as high. Delaware is one of 47 states that now reports racial data for confirmed cases; one of 43 states that reports that data for deaths; and one of just four states that reports racial data for testing. The State reports both raw data and, for tests and cases, rates per 10,000. At this writing, Delaware reports a testing rate (per 10,000) of 797.0 for Black residents and 470.8 for white residents, a 1.7:1 ratio; it also reports a positive case rate of 128.9 for Black residents and 45.1 for white residents, a 2.9:1 ratio. Of the 414 total deaths, 61% were white, and 27% were Black; the State reports that 69.1% of its population is white, and 21.9% of its population is Black.
Plessy v. Ferguson provided the foundation for a system of segregation and exclusion that adverse... more Plessy v. Ferguson provided the foundation for a system of segregation and exclusion that adversely affected African Americans throughout the twentieth century. Segregation was perpetuated by federal policies. During the 1940s and 1950s, the federal government facilitated the construction of suburban communities with Veterans Administration– and Federal Housing Authority–insured mortgages. These agencies invented redlining and required lending institutions to insert racially restrictive covenants in deeds for properties they insured. In the 1950s and 1960s, the federal government facilitated the construction of the interstate highway system. The freeways were frequently constructed through African American neighborhoods, displacing the residents. Urban renewal programs caused the destruction of African American communities across the nation. This long and tragic history of structural racism continues to adversely affect the well-being of African American families.
... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET ... more ... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET New York Oxford OXFORD ... Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo ...
... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET ... more ... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET New York Oxford OXFORD ... Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo ...
The Georgia Journal of International and Comparative Law, 2007
African-Americans reacted to Plessy by establishing racial uplift organizations including the Nat... more African-Americans reacted to Plessy by establishing racial uplift organizations including the National Association for the Advancement of Colored People (NAACP). In the early 1930s, the NAACP hired Charles H. Houston, the dean of Howard University's Law School, to lead the campaign that would challenge segregation in the courts. 36 Houston developed and implemented the long-range legal strategy that eventually resulted in the Supreme Court victories of the 195OS. 3 7 After a series of successful graduate school cases in the 193 Os and '40s, a direct challenge to segregation in schools was launched. The 1954 decision in Brown v. Board ofEducation signaled the end of legal segregation. 3 " The marches, boycotts, and demonstrations of the Civil Rights Movement of the 1950s and '60s persuaded Congress to enact the Civil Rights Act of 1964, the Voting Rights Act of 1965, and the Fair Housing Act of 1968. 3 ' These laws ended the era of official, state sanctioned discrimination and segregation. More than forty years after the enactment of civil rights legislation, there are still significant and longstanding disparities between whites and African Americans. In the 2000 Census, 12.9% of the United States' population identified itself as "black alone" or in combination with one or more other races. 4 ' According to the census data, a little more than 54% of the black population resided in the South, nearly 19% lived in the Midwest, nearly 18% lived in the Northeast, and almost 10% lived in the West. 4 ' The 2000 Census also showed that of the localities with populations of 100,000 or more, New York had the largest black population. 4 2 New York was followed by Chicago. 4 3 Detroit, Philadelphia, and Houston had black populations numbering between 500,000 and 1 million. 44 The poverty level for African Americans in 2000 was 24.9%. 45 The median income was $30,439.46 This 36 Id.
The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Mar... more The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Martin Luther King. Both leaders confronted white supremacist regimes with no resources beyond the volunteers who participated in organised protests. They ultimately prevailed against tremendous odds. Segregation and apartheid shared a common purpose. They rigidly controlled each country's black population. Laws and practices determined where blacks could reside, where they could work and where they could attend schools. Under apartheid, every South African was classified into one of three racial groups: white, coloured and black. Blacks could not own property in 80 percent of South Africa's land area. Racial segregation was enforced in all public areas including buildings, services and transportation. In America's southern states, schools, restaurants, hotels, theatres, public transportation and waiting rooms were segregated, as were elevators, parks, public restrooms, hospitals, drinking fountains, prisons and places of worship. In the northern states, many restaurants, theatres and hotels would not serve black patrons. Segregated neighbourhoods were perpetuated by the real estate industry. Blacks were confined to occupations such as maids, cooks, chauffeurs, porters and labourers. This article examines the ways in which segregation and apartheid were fought with marches, boycotts and demonstrations and, in the case of South Africa, armed resistance. King and Mandela took courageous stands against unjust laws. Mandela was banned by the South African government and subsequently imprisoned for 27 years. King gave his life to the struggle when he was assassinated in 1968. Despite the many obstacles, both leaders were able to lead the decades-long struggle to end segregation and apartheid. The Civil Rights Movement in America culminated with the federal legislation of the 1960s. South African apartheid lasted for a generation longer, ending in 1994 with the election of Nelson Mandela as president. In both countries, justice eventually prevailed. "[T]he arc of the moral universe is long, but it bends toward justice".
The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Mar... more The civil rights and anti-apartheid movements produced two iconic leaders, Nelson Mandela and Martin Luther King. Both leaders confronted white supremacist regimes with no resources beyond the volunteers who participated in organised protests. They ultimately prevailed against tremendous odds. Segregation and apartheid shared a common purpose. They rigidly controlled each country's black population. Laws and practices determined where blacks could reside, where they could work and where they could attend schools. Under apartheid, every South African was classified into one of three racial groups: white, coloured and black. Blacks could not own property in 80 percent of South Africa's land area. Racial segregation was enforced in all public areas including buildings, services and transportation. In America's southern states, schools, restaurants, hotels, theatres, public transportation and waiting rooms were segregated, as were elevators, parks, public restrooms, hospital...
This article compares conditions in South Af rica before and after apartheid to the circumstances... more This article compares conditions in South Af rica before and after apartheid to the circumstances in America during and after segregation. During the eras of segregation and apartheid, conditions for Black people in America and South Af rica were oppressive in the extreme. The two systems had some differences, but the overall impact was the same.
This presentation was given at the SCHEV Civic Engagement Education and Assessment meeting on Jun... more This presentation was given at the SCHEV Civic Engagement Education and Assessment meeting on June 9, 2017.
As the coronavirus spread across the United States early in 2020, a trend seemed to emerge: Black... more As the coronavirus spread across the United States early in 2020, a trend seemed to emerge: Black Americans were getting sick, and were dying, in disproportionate numbers. In early April, Michigan and Wisconsin reported infection rates among Black Americans over twice as high as their proportion of the population. 1 By mid-April, The Lancet was reporting that deaths due to COVID were disproportionately high among Black Americans across the country. 2 On April 23, Congress, as part of the Paycheck Protection Program and Health Care Enhancement Act, required the federal government to include race and ethnicity among other demographic data in its COVID analyses, and while the data subsequently reported by the Centers for Diseases Control and Prevention (CDC) was limited, it clearly confirmed the trend: the pandemic was having an especially lethal impact on Black Americans. Delaware began reporting racial and ethnic breakdowns on April 24, and the first numbers were consistent with the national trend: among lab-confirmed positive cases for which race was reported, more were Black than white, even though there were three times as many white Delawareans. The trend was, on the surface, incommensurate with our understanding of viruses, which, after all, do not select their victims, on account of race or otherwise. But of course, it is completely consistent with our understanding of health conditions-and of health risks-in Delaware, and in the nation: they are riddled with inequalities, and the inequalities have a distinct racial cast. At this writing, the CDC reports that of the confirmed cases for which racial data were available, 34.9% are white, roughly half that demographic's proportion of the U.S. population, while 22.0% are Black, roughly double that demographic's proportion of the population, yielding an incident rate roughly four times as high. Delaware is one of 47 states that now reports racial data for confirmed cases; one of 43 states that reports that data for deaths; and one of just four states that reports racial data for testing. The State reports both raw data and, for tests and cases, rates per 10,000. At this writing, Delaware reports a testing rate (per 10,000) of 797.0 for Black residents and 470.8 for white residents, a 1.7:1 ratio; it also reports a positive case rate of 128.9 for Black residents and 45.1 for white residents, a 2.9:1 ratio. Of the 414 total deaths, 61% were white, and 27% were Black; the State reports that 69.1% of its population is white, and 21.9% of its population is Black.
Plessy v. Ferguson provided the foundation for a system of segregation and exclusion that adverse... more Plessy v. Ferguson provided the foundation for a system of segregation and exclusion that adversely affected African Americans throughout the twentieth century. Segregation was perpetuated by federal policies. During the 1940s and 1950s, the federal government facilitated the construction of suburban communities with Veterans Administration– and Federal Housing Authority–insured mortgages. These agencies invented redlining and required lending institutions to insert racially restrictive covenants in deeds for properties they insured. In the 1950s and 1960s, the federal government facilitated the construction of the interstate highway system. The freeways were frequently constructed through African American neighborhoods, displacing the residents. Urban renewal programs caused the destruction of African American communities across the nation. This long and tragic history of structural racism continues to adversely affect the well-being of African American families.
... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET ... more ... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET New York Oxford OXFORD ... Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo ...
... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET ... more ... MAKING CONSTITUTIONAL LAW Thurgood Marshall and the Supreme Court, 1961-1991 MARK V. TUSHNET New York Oxford OXFORD ... Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo ...
Uploads
Papers by Leland Ware