Missouri Ex Rel Gaines v Term Paper

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However, Justice Vinson went further, adding his historical comments to Gaines by saying that the Fourteenth Amendment rights were "personal' which meant that "it is no answer... To say that the courts may also be induced to deny white persons rights of ownership and occupancy on the grounds of race or color."

In Missouri, the state where Gaines had sought to attend law school, his case was significant in that the undergraduate college he attended, Lincoln, seized the opportunity to use the Missouri law and grant money set aside to educate black graduate students, to create a black law school in St. Louis. Less than a year after the Gaines decision had been handed down by the Supreme Court, some thirty students enrolled in the St. Louis law school that had been created for black law students as a result of the Gaines case.

In the years that followed the Gaines decision, there were successes, and losses for civil rights and for black students. In another case involving Missouri again, the school opted to close its journalism school rather than admit a black student to the school.. With the Gaines case having already established the precedent, the school made excuses about low enrollment, and closed the program to whites and blacks.

However, in the years following Gaines, there were significant setbacks for civil rights when states, mostly southern, found ways to circumvent segregation, and created black graduate schools and law schools. Oddly enough, many of the cases that were filed and fought were done so on behalf of the appellants by a young NAACP lawyer named Thurgood Marshall; who would later become the first black Supreme Court Justice of the United States.

Lloyd Gaines

There is little actual information upon which to go when trying to determine what became of Lloyd Gaines. Unfortunately, there was much more interest in what he represented to a greater majority of the black community, and to the white community, than there was interest in Gaines' individual welfare. Was Gaines' own personal dreams and ambitions sacrificed to the greater good of the civil rights movement? Some might argue that in fact he was, since the NAACP ran with the momentum of the details of his case, but lost track of Gaines as a person and, when they perhaps needed him most, had not kept track of him, which caused the case - although not the progress - to be dismissed.

What is know, is that Gaines enrolled in the University of Michigan for year of graduate study, but then left and did not return. It has been documented that Gaines then went to Chicago, where he stayed with friends, then, disappeared to the point where not even the NAACP could locate him. What is known, is that Lloyd Gaines never succeeded in his bid to go to law school. Even if Gaines had attended the law school that was set up as a result of his request to attend law school, there is no assurance that he would have been able to be admitted to the bar. When the question was raised whether not the law school that had been created by the State of Missouri to satisfy the Gaines case was one that would be recognized and accredited by the."..Association of American Law Schools, respected accrediting organization, counsel for the University object to the question as immaterial."

History has often taken on the perspective of the individual historian, professional or lay person. It is no different in the lessons taught on Gaines. What is important is the hope that the sacrifice made by, and perhaps of, Lloyd Gaines inspired in other black Americans. To that end, Lloyd Gaines has not disappeared, but remains here, a figure in American history and a person of great social and cultural significance.

Works Cited

http://www.questia.com/PM.qst?a=o&d=5000944011

Abrams, Kathryn. "The Legal Subject in Exile." Duke Law Journal 51, no. 1 (2001): 27+. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=5000944011.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=95856598

Epstein, Terrie L. "Tales from Two Textbooks a Comparison of the Civil Rights Movement in Two Secondary History Textbooks." Social Studies 85, no. 3 (1994): 121-126. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=95856600.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=103546455

Klarman, Michael J. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. New York: Oxford University Press, 2004. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=103546615.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=23351514

Preer, Jean L. Lawyers v. Educators: Black Colleges and Desegregation in Public Higher Education. Westport, CT: Greenwood Press, 1982. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=23351551.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=59482427

Schwartz, Bernard. The Supreme Court, Constitutional Revolution in Retrospect. New York: Ronald Press, 1957. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=59482777.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=5001926760

Takara, Kathryn Waddell. "Frank Marshall Davis: A Forgotten Voice in the Chicago Black Renaissance." The Western Journal of Black Studies 26, no. 4 (2002): 215+. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=5001926760.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=96539054

Taylor-Thompson, Kim. "Notes: The Relationship Between Equality and Access in Law School Admissions." Harvard Law Review 113, no. 6 (2000): 1449-1466. Database online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=96539057.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=78818101

Tushnet, Mark V. Making Civil Rights Law Thurgood Marshall and the Supreme Court, 1936-1961. New York: Oxford University Press, 1994. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=78818103.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=105766855

Tushnet, Mark V. The NAACP's Legal Strategy against Segregated Education, 1925-1950. Chapel Hill, NC: University of North Carolina Press, 1987. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=105766856.Internet. Accessed 27 March 2007. http://www.questia.com/PM.qst?a=o&d=99246658

United States Department of State. United States Foreign Policy, 1931-1941 United States Foreign Policy, 1931-1941. Washington, DC: U.S. Government Printing Office, 1943. Book online. Available from Questia, http://www.questia.com/PM.qst?a=o&d=99246733.Internet. Accessed 27 March 2007.

United States Department, Peace and War: United States Foreign Policy 1931-1941 (Washington, DC, U.S. Government Printing Office, 1943); 54.

Bernard Schwartz, the Supreme Court: Constitutional Revolution in Retrospect (New York, Ronald Press, 1957); 397.

Kathryn Abrams, the Legal Subject in Exile, Duke LawJournal, Vo. 51,(2001):27.

Schwartz, the Supreme Court; 342.

Michael J. Klarman, From Jim Crow to Civil Rights the Supreme Court and the Struggle for Racial Equality; (Oxford University Press, 2004); 149.

Kim Taylor-Thompson, Notes: The Relationship Between and Access in Law School Admissions, Harvard Law Review, Vo. 113, (2000);1452.

Klarman, From Jim Crow to Civil Rights; 149.

Abrams, the Legal Subject in Exile,(2001):27.

Klarman, From Jim Crow to Civil Rights; 151

Mark V. Tushnet, the NAACP's Legal Strategy Against Segregated Education, 1925-1950, (University of North Carolina Press, 1987); 73.

Mark V. Tushnet, Making Civil Rights Law: Thurgood Marshall and the Supreme Court 1936-1961, (Oxford University Press, 1994):70.

Tushnet, the NAACP's Legal Strategy Against Segregated Education (1987);74.

Jean L. Preer, Lawyers v Educators: Black Colleges and Desegregation in Public Higher Education, (Greenwood Press, 1982); 49.

Terrie L. Epstein, Tales From Two Text Books: a Comparison of the Civil Rights Movement in Two Secondary History Books, Social Studies, Vol 85 (1994); 123.

Kathryn Waddell Takara, Frank Marshall Davis: A Forgotten Voice in the Chicago Black Renaissance, the Western Journal of Black Studies, Vol. 26 (2002); 215.[continue]

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