“Brown v. Board of Education was the Beginning”: The School Desegregation Cases in the United States Supreme Court: 1954-1979

A retrospective look at the Supreme Court\u27s efforts in the field of school desegregation may at least reveal something about how the Court works and about the limitations of the judicial process

Earl Warren, the Warren Court, and the Warren Myths

It is not enough for the knight of romance, Justice Holmes once reminded us, that you agree that his lady is a very nice girl-if you do not admit that she is the best that God ever made or will make, you must fight. So, too, with the admirers of the Chief Justice and their fair lady. For the moment, Earl Warren is enjoying the lavish praise that is not uncommonly ladled out when a man voluntarily decides to end a long and important government career. The contents of this issue of the Michigan Law Review may be taken as representative of the prevalent attitude, especially in the law school world, about the greatness of Chief Justice Warren. Indeed, it was clear from the tone of the invitation to participate in this Symposium that the editors were requesting me to play a part in a sort of secular canonization of the great man, and that my role was to be that of the devil\u27s advocate. As an amateur in canon history, I have been unable to discover an instance in which the devil\u27s advocate has prevailed. I assume, therefore, that the function I am expected to fulfill is that of making out a good case against the miracles that Warren is supposed to have performed, but not a good enough case to be convincing. Thus, I must align myself neither with President Eisenhower\u27s rumored reference to his appointment of Warren as the biggest damfool mistake I ever made nor with President Johnson\u27s assessment of Warren as the greatest Chief Justice of them all. My proposition here is rather that Warren is deserving neither of the simpering adulation of his admirers nor of the vitriolic abuse of his detractors. It is too early to sanctify him

The Rise and Fall of the Doctrine of Separation of Powers

As the Constitution of the United States nears its two hundredth anniversary, there is a frenzy of celebration. However awesome the accomplishment, I submit that it is no slander to recognize that the 1787 document was born of prudent compromise rather than principle, that it derived more from experience than from doctrine, and that it was received with an ambivalence in no small part attributable to its ambiguities. Indeed, its most stalwart supporters doubted its capacity for a long life. It should not be surprising, then, that even today there is disagreement over whether the Constitution of 1787 is now merely an artifact of late eighteenth-century American history or a vade mecum which has, in fact, controlled the allocation of government powers and the restraints on those powers throughout the two centuries since its birth