Non-feasance
Barksdale, Yvette
7barksda at jmls.edu
Fri Apr 21 14:43:53 PDT 2006
"As to rest, anybody who wants to study the history can find the 101
ways that the Civil War Amendments were evaded or limited, without a
word about race every having been uttered."
Yes, but this was done by people who were hostile to the interests of
people of a particular racial group. The idea was to evade the Civil War
Amendments in order to subjugate and oppress people based upon their
race.
Here, the idea is to liberate people of particular racial groups who
have been subjugated and oppressed in the past. The two are not
synonymous
yb
***/////////////////////////////////////////***
Professor Yvette M. Barksdale
The John Marshall Law School
315 S. Plymouth Ct.
Chicago, IL 60604
(312) 427-2737 (phone)
(312) 427-9974 (fax)
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-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
matthewhpolsci at aol.com
Sent: Friday, April 21, 2006 4:34 PM
To: marty.lederman at comcast.net; conlawprof at lists.ucla.edu;
lawcourts-l at usc.edu; jperezmonf at panam.edu; nakoma at aol.com;
holden.j at bigpond.net.au; benniethompson at mail.house.gov;
Rscottva3 at aol.com
Subject: Re: Non-feasance
Marty Lederman:
Thanks for the quick reply. I had seen Balkin, but not Gerken.
The point I want to emphasize is non-feasance on the part of the state
attorney general, unless I have fot the facts wrong. I am not detached
on this one, and I think the state AG is as deficient as were the
Southern AGs at an earlier time.
As to rest, anybody who wants to study the history can find the 101
ways that the Civil War Amendments were evaded or limited, without a
word about race every having been uttered.
What also impresses me is the lethargy, sluggishness, inattentiveness
and, dare I say it, non-feasance of titular civil rights leadership.
If I am error, I am sure someone will tell me how and why.
Matthew Holden, Jr.
-----Original Message-----
From: Marty Lederman <marty.lederman at comcast.net>
To: matthewhpolsci at aol.com; conlawprof at lists.ucla.edu;
lawcourts-l at usc.edu; jperezmonf at panam.edu; nakoma at aol.com;
holden.j at bigpond.net.au; benniethompson at mail.house.gov;
Rscottva3 at aol.com
Sent: Fri, 21 Apr 2006 17:02:06 -0400
Subject: Re: Non-feasance
Jack Balkin on this story:
http://balkin.blogspot.com/2006/04/return-of-separate-but-equal.html
And Heather Gerken:
http://balkin.blogspot.com/2006/04/beyond-segregationintegration-paradig
m.html
----- Original Message -----
From: matthewhpolsci at aol.com
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To: conlawprof at lists.ucla.edu
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lawcourts-l at usc.edu
<javascript:parent.ComposeTo('lawcourts-l at usc.edu');> ;
jperezmonf at panam.edu
<javascript:parent.ComposeTo('jperezmonf at panam.edu');> ; nakoma at aol.com
<javascript:parent.ComposeTo('nakoma at aol.com');> ;
holden.j at bigpond.net.au
<javascript:parent.ComposeTo('holden.j at bigpond.net.au');> ;
benniethompson at mail.house.gov
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Rscottva3 at aol.com <javascript:parent.ComposeTo('Rscottva3 at aol.com');>
Sent: Friday, April 21, 2006 4:57 PM
Subject: Non-feasance
Am I correctly informed (via The New York Times) that Nebraska
has adopted a statute providing for an African American, a white, and a
Hispanic school district in Omaha?
Is this, if true, not patently in conflict with the overt
language of Brown v. Board of Education?
If that is true, is not the state attorney general not patently
guilty of non-feasance (if not worse) in not so advising the
legislature?
Matthew Holden, Jr.
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