Weekend Roundup

• Two items of interest from John Fabian Witt (Yale Law School): (1) He and other torts scholars (Mark Gergen, Paul Hoffman) have submitted an amicus brief to the U.S. Supreme Court in the current Section 1981 case Comcast v. National Association of African American-Owned Media. The brief challenges Comcast's characterization of a number of 19th-century torts cases and in doing so offers insights about the history of "but-for" causation as an element of negligence. (2) The latest issue of the New Republic includes his thoughts on "the shrinking legacy" of former Supreme Court Oliver Wendell Holmes, "first celebrity justice of the U.S. Supreme Court": why is Holmes veneration "in decline"?

• The 12th Annual Court History and Continuing Legal Education Symposium of the Historical Society of the U.S. District Court for the Southern District of Indiana will be devoted to the history of judicial confirmation.  The symposium includes the presentation, “Paths to the Bench: Southern District of Indiana Appointments from William E. Steckler to Gene E. Brooks,” by Doria Lynch and “a brief synopsis of the Chief Justice Robert B. Taney mural alternation project, which is part of the national trend to remove inappropriate historical symbols from public spaces.”  It will be held from 1 to 4:30 p.m. on November 1 in the Sarah Evans Barker Courtroom of the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis.   (The Indiana Lawyer.)

• John W. Kluge Center has announced the arrival of several scholars-in-residence at the Library of Congress.  The holder of the Kluge Chair in American Law and Governance is Andrea Campbell, the Arthur and Ruth Sloan professor of political science at MIT, who is working on a book project titled “How Americans Think About Taxes.” 

• Notorious RBG: The Life and Times of Ruth Bader Ginsburg is on exhibit at the National Museum of American Jewish History, 5th and Market Streets, Philadelphia, through January 12, 2020.

• Here at LHB we usually try to keep things nonpartisan, but we still feel obliged to note, in case you somehow missed it, the recent interview ASLH past-president Bruce Mann gave to CNN.  And, while we're on the subject of legal historian spouses to presidential candidates, thank you John Bessler for that shout out at the 2019 Hall of Fame Celebration of the Dubuque County Democratic Party.  DRE 

• Over at Jotwell: Binyamin Blum (UC Hastings) reviews Orna Alyagon Darr's Plausible Crime Stories: The Legal History of Sexual Offences in Mandate Palestine (CUP, 2018)

• ICYMI:  How Did Magna Carta Influence the U.S. Constitution? (History).  Frank Bowman on the history of impeachment in Rolling Stone.

• From the Washington Post's "Made by History" section: many historically informed observations about impeachment and President Donald Trump, including by Sidney Milkis (University of Virginia, Miller Center) and Daniel Tichenor (University of Oregon) (here); Thomas Balcerski (Eastern Connecticut State University) (here); and Doug Rossinow (University of Oslo) (here). Also Jessica Wang (University of British Columbia) on "How New York defeated rabies" and why "the city’s history with the disease offers a blueprint for eliminating deaths around the world." More.

Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. 

Morrison on legal lynching

In 2018, Melanie S. Morrison published Murder on Shades Mountain: The Legal Lynching of Willie Peterson and the Struggle for Justice in Jim Crow Birmingham with Duke University Press. From the publisher: 

One August night in 1931, on a secluded mountain ridge overlooking Birmingham, Alabama, three young white women were brutally attacked. The sole survivor, Nell Williams, age eighteen, said a black man had held the women captive for four hours before shooting them and disappearing into the woods. That same night, a reign of terror was unleashed on Birmingham's black community: black businesses were set ablaze, posses of armed white men roamed the streets, and dozens of black men were arrested in the largest manhunt in Jefferson County history. Weeks later, Nell identified Willie Peterson as the attacker who killed her sister Augusta and their friend Jennie Wood. With the exception of being black, Peterson bore little resemblance to the description Nell gave the police. An all-white jury convicted Peterson of murder and sentenced him to death.

In Murder on Shades Mountain Melanie S. Morrison tells the gripping and tragic story of the attack and its aftermath—events that shook Birmingham to its core. Having first heard the story from her father—who dated Nell's youngest sister when he was a teenager—Morrison scoured the historical archives and documented the black-led campaigns that sought to overturn Peterson's unjust conviction, spearheaded by the NAACP and the Communist Party. The travesty of justice suffered by Peterson reveals how the judicial system could function as a lynch mob in the Jim Crow South. Murder on Shades Mountain also sheds new light on the struggle for justice in Depression-era Birmingham. This riveting narrative is a testament to the courageous predecessors of present-day movements that demand an end to racial profiling, police brutality, and the criminalization of black men.

Praise for the book: 

 "In this passionate account of Jim Crow–era injustice, educator and activist Morrison exposes how courtrooms 'could function like lynch mobs when the defendant was black.'... Morrison, who is white, shares this painful story with clarity and compassion, emphasizing how much has changed since the 1930s, how much white people need to 'critically interrogate' the past, and how much 'remains to be done' in the fight for justice." - Publishers Weekly

"The author deserves praise for identifying Peterson’s trial as an important precursor to the 1960s civil rights movement. Audiences will be enthralled and angered by this all-too-familiar account of a criminal justice system that was and remains biased against black Americans." - Karl Helicher

"Morrison digs deeply into period newspapers and archives to uncover this story of injustice long overshadowed by the more famous Scottsboro Boys trial. A thoughtful look into a tale of prejudice and stolen justice that will find many readers who are interested in African American history, the early civil rights movement, and Southern history." - Chad E. Statler

Further information is available here.

-Mitra Sharafi

Taylor, "Race for Profit"

Out later this year from the University of North Carolina Press (but available for pre-order now): Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership (2019), by Keeanga-Yamahtta Taylor (Princeton University). A description from the Press:

Keeanga-Yamahtta Taylor offers a damning chronicle of the twilight of redlining and the introduction of conventional real estate practices into the Black urban market, uncovering a transition from racist exclusion to predatory inclusion. Widespread access to mortgages across the United States after World War II cemented homeownership as fundamental to conceptions of citizenship and belonging. African Americans had long faced racist obstacles to homeownership, but the social upheaval of the 1960s forced federal government reforms. In the 1970s, new housing policies encouraged African Americans to become homeowners, and these programs generated unprecedented real estate sales in Black urban communities. However, inclusion in the world of urban real estate was fraught with new problems. As new housing policies came into effect, the real estate industry abandoned its aversion to African Americans, especially Black women, precisely because they were more likely to fail to keep up their home payments and slip into foreclosure. 

Taylor narrates this dramatic transformation in housing policy, its financial ramifications, and its influence on African Americans. She reveals that federal policy transformed the urban core into a new frontier of cynical extraction disguised as investment.

A few blurbs:

"This is an incredibly important history. Well-written, persuasive, and brimming with insightful analysis, Race for Profit is a book that people have been waiting for."--Beryl Satter 

"Taylor offers a strong account of major transformations in U.S. affordable housing policy and its impact on African American communities. This is an extraordinary book, measured and incisive, with a rich and compelling narrative."--Joseph Heathcott

More information is available here.

-- Karen Tani