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Monday, January 23, 2012

Felicia Kornbluh on Jacobus tenBroek at Berkeley Monday 1/ 30

*CENTER FOR THE STUDY OF LAW AND SOCIETY *
>     *Spring 2012 SPEAKER SERIES *
>
>
>     *DATE:*Monday, January 30, 2012
>     *TIME:*12:45p.m. - 2:00 p.m. with alight lunch served at 12:15p
>
>     *SPEAKER:* *Felicia Kornbluh, *Associate Professor of History,
>     University of Vermont
>
>     *TITLE:* *"Disability, Civil Rights, and the Law: Jacobus tenBroek,
>     Howard Jay Graham, and the New Politics of Equality in the Middle
>     Twentieth Century"* **
>
> In 1953, when the Supreme Court asked for reargument of /Brown v.
> Board/, the NAACP Legal Defense and Educational Fund turned to a blind
> professor from the Speech Department at UC-Berkeley and a deaf
> librarian.To answer the critical question of the original meaning of the
> Fourteenth Amendment, Thurgood Marshall and company built upon the work
> of Jacobus tenBroek and Howard Jay Graham.TenBroek, who taught at
> Berkeley for nearly three decades, co-authored an essay in 1949 that
> predicted and promoted the role of the equal protection clause in
> postwar social movements.He led the National Federation of the Blind
> (NFB), the first national organization of and for blind people.Graham
> never held a position in a university.But he was the nation's leading
> authority on the history of the Fourteenth Amendment.He wrote a
> substantial portion of the NAACP's final brief in /Brown/.
>
> This paper argues that the NAACP's second brief in /Brown /was a
> remarkable document, which reflected tenBroek's and Graham's approach to
> constitutional history.It poses the question: What may have been gained
> and lost in the Court's decision to abandon tenBroek's and Graham's
> approach in favor of the living constitutionalism and reliance upon
> social-psychological evidence for which Justice Warren's Opinion in
> /Brown /is known?It explores the role of disability in tenBroek's and
> Graham's ideas.
>
>
>       Copies of this paper are available in the Center Library and
> online at http://www.law.berkeley.edu/1108.htm

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