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From: Randall Kennedy

Re: Solicitation of Proposals for Independent Research

To: The student body

I am looking for students (1) to read a book-length manuscript in its entirety, (2) to focus on an excerpt from that manuscript, and (3) to write a memorandum analyzing that excerpt. The book on which I am working describes and assesses the changes wrought in American law by struggles against perceived racial injustice in the middle of the twentieth century. Another way of describing the project is that it is a legal history of the Second Reconstruction. The memorandum that I have in mind will entail (1) a student mastering the pertinent literature and caselaw, (2) expressing his or her interpretation of the subject, and (3) bringing to my attention all facets of the excerpt that warrant correction, revision, or elaboration. I anticipate that a memorandum would cover 30 to 40 double-spaced pages.

I am especially interested in applications from students who have a substantial grounding in the history of the Second Reconstruction. I am especially interested as well in applications from students who have worked on newspapers, magazines, or journals and anticipate pursuing careers in academia.

Again: I will want someone to read my entire manuscript and then choose a selection from it as the basis of a critique. The manuscript covers a wide range of topics: The state of race relations in the United States in 1950; the desegregation of the armed forces; the desegregation of healthcare; the desegregation of extracurricular activities (particularly athletics) in public universities; the erasure of the race line at private colleges and universities; the relationship of changes in the law of immigration and naturalization to the Second Reconstruction; the relationship of Native Americans to the Second Reconstruction; the relationship of Asian Americans to the Second Reconstruction; the relationship of Latinos to the Second Reconstruction; changes in the relationship between race and the law of criminal procedure during the Second Reconstruction; changes in the relationship between race and the law of policing during the Second Reconstruction; changes in the relationship between law and housing during the Second Reconstruction . . . and on and on.

Once we agree on a topic, you can immediately begin background reading. I will submit to you no later than the beginning of the summer the part of the manuscript I want you to review. I will expect your memorandum no later than September 10.

I can offer two academic credits and a grade.

If you are interested in applying, send me (1) a statement of interest in which you detail the extent of your knowledge about the civil rights movement and its offshoots in law, (2) a resume, and (3) a writing sample.

If you have any questions please feel free to write to me: rkennedy@law.harvard.edu

Below is a provisional table of contents for the book.

Table of Contents

Introduction

1. The Racial Landscape in 1950

2. Challenging Invidious Racial Discrimination (I)

The Military

Education

The School Desegregation Cases

The Ordeal of Enforcement in the First Decade After Brown v. Board of Education

The Desegregation of Public Colleges and Universities

Libraries

Transportation

Recreation

Etiquette

Marriage

3. Challenging Invidious Racial Discrimination (II)

“Public Accommodations”

The Sit-Ins

Title II of the Civil Rights Act of 1964

Problems of Enforcement

Employment

The March on Washington

Title VII of the Civil Rights Act of 1964

Problems of Enforcement

Healthcare

Voting

From Disfranchisement to Demanding the Ballot

The Voting Rights Act of 1965

Problems of Enforcement

5. Challenging Racism in the Law of immigration and Naturalization

6. Black Power

7. “Riots” “Rebellions” “Uprisings” “Long Hot Summers”— Mass Disruptions in the Second Reconstruction

8. Challenging Racism in the Administration of Criminal Law

Jury Service

Capital Punishment

Incarceration

Policing

9. Challenging Racism in Housing:

Resisting Governmental Participation in Housing Discrimination

Resisting Housing Discrimination by Private Parties

White Backlash Against Antidiscrimination Law in Housing

The Open Housing Act of 1968

Reviving the Civil Rights Act of 1866

10. Brown Revisited: The Second Decade and Beyond

11. Civil Liberties and the Second Reconstruction (I)

The Vexed Relationship between Racism, Anti-Communism, and Anti-Racism

The Attempted Suppression of the NAACP

The Origin of Constitutional Protection for Student Dissidents

The Attempted Intimidation of the News Media: New York Times v. Sullivan

Sit-Ins, Massed Dissent, and the Politics of Respectability: Edwards v. South Carolina

The Special Perils of Disobeying Judges: Walker v. City of Birmingham

Morality, Law, and Civil Disobedience: Letter from Birmingham Jail and Its Critics

No Refuge From Dissent? Disruptions at Church and Protests at Politicians’ Homes

12. Civil Liberties and the Second Reconstruction (II)

Racially Motivated Violence

The FBI’s Subversion of Civil Liberties: COINTELPRO

Redress for Political Assassination ? Hampton v. Hanrahan

13. The Second Reconstruction in Memory

14. Change and Continuities: Unfinished Struggles