The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas

Author:   Daniel Kiel
Publisher:   Stanford University Press
ISBN:  

9781503630659


Pages:   376
Publication Date:   04 April 2023
Format:   Hardback
Availability:   In Print   Availability explained
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The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas


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Author:   Daniel Kiel
Publisher:   Stanford University Press
Imprint:   Stanford University Press
ISBN:  

9781503630659


ISBN 10:   150363065
Pages:   376
Publication Date:   04 April 2023
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction: Race, Schools, and the Justices of the Supreme Court 1. Brethren, of a Sort 2. Mr. Civil Rights 3. Separate and Unequal 4. Living a Post-Brown Reality 5. Pioneering at a Price 6. To Enter a Burning House 7. Stigmatic Injury 8. In Defense of Black Institutions 9. Cycles of Expansion and Backlash 10. Stepping Backwards 11. Putting the Genie Back in the Bottle 12. Quotas 13. Getting Somebody In, Keeping Somebody Out 14. Fixed or Flexible 15. Colorblindness Ascendant Conclusion: The Rule of Law

Reviews

[A]n intriguing examination. Kiel reveals some surprising similarities between [Marshall and Thomas], including a shared distrust of institutional authority, while never losing sight of their fundamental differences. The result is an enriching and nuanced study of the debates over how best to promote racial progress in America. -Publishers Weekly As the country continues to search for the true meaning of equality, this compelling dual portrait of the first two Black Supreme Court justices shows how what was a noble vision for one became a bitter burden for the other. There is irony and even tragedy in Daniel Kiel's account of the transition not only from one justice to another but to a new and troubled chapter of the American story. -Linda Greenhouse, author of Justice on the Brink Beautifully written, expertly argued, carefully considered, The Transition forces us to evaluate Justices Marshall and Thomas on their own terms and in the process nudges us to acknowledge our biases. The world and its most important issues, race so often foremost among them, are never so simple as headlines or judicial holdings would make them.The Transitionhelps us see the ways in which both men were trapped by and transcended their experiences. -Derek Black, author ofSchoolhouse Burning Daniel Kiel has told a compelling story about how the schooling of these two figures and the schools' cases that they've worked on as justices reflect foundational tensions within the American experiment. Readers will better understand the forces that shaped these two lives and the ways those forces continue to impact the interpretation of the constitution today. -Kimberly Jenkins Robinson, editor of A Federal Right to Education Kiel reveals some surprising similarities between [Marshall and Thomas], including a shared distrust of institutional authority, while never losing sight of their fundamental differences. The result is an enriching and nuanced study of the debates over how best to promote racial progress in America. -Publishers Weekly


[A]n intriguing examination. Kiel reveals some surprising similarities between [Marshall and Thomas], including a shared distrust of institutional authority, while never losing sight of their fundamental differences. The result is an enriching and nuanced study of the debates over how best to promote racial progress in America. -Publishers Weekly As the country continues to search for the true meaning of equality, this compelling dual portrait of the first two Black Supreme Court justices shows how what was a noble vision for one became a bitter burden for the other. There is irony and even tragedy in Daniel Kiel's account of the transition not only from one justice to another but to a new and troubled chapter of the American story. -Linda Greenhouse, author of Justice on the Brink Beautifully written, expertly argued, carefully considered, The Transition forces us to evaluate Justices Marshall and Thomas on their own terms and in the process nudges us to acknowledge our biases. The world and its most important issues, race so often foremost among them, are never so simple as headlines or judicial holdings would make them.The Transitionhelps us see the ways in which both men were trapped by and transcended their experiences. -Derek Black, author ofSchoolhouse Burning Daniel Kiel has told a compelling story about how the schooling of these two figures and the schools' cases that they've worked on as justices reflect foundational tensions within the American experiment. Readers will better understand the forces that shaped these two lives and the ways those forces continue to impact the interpretation of the constitution today. -Kimberly Jenkins Robinson, editor of A Federal Right to Education Thurgood Marshall desegregated the U.S. Supreme Court; the successor to his seat-Clarence Thomas-used his position to reject view after view advanced by Marshall. How these two historic figures came to their roles and their views and what their work means for America, law, and justice receive needed illumination in Daniel Kiel's valuable and fascinating account. -Martha Minow, author of In Brown's Wake: Legacies of America's Educational Landmark


Author Information

Daniel Kiel is the FedEx Professor of Law at the University of Memphis Cecil C. Humphreys School of Law.

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