front cover of Judge Frank Johnson and Human Rights in Alabama
Judge Frank Johnson and Human Rights in Alabama
Tinsley E. Yarbrough
University of Alabama Press, 1981

Judge Frank M. Johnson, Jr., Chief Judge of the United States District Court for the Middle District of Alabama until his elevation to the Court of Appeals for the Fifth Circuit in 1979, was perhaps President Dwight D. Eisenhower’s most significant appointment to a lower court. His selection to the bench in 1955 followed by only a few months the Supreme Court’s historic decision in Brown vs. Board of Education.

During Judge Johnson’s tenure, his court invalidated segregation and other forms of racial discrimination in Alabama’s transportation facilities, voter registration processes, school and colleges, administrative agencies, system of jury selection, prisons, mental institutions, political parties, and government grant programs. In fact, most of the state’s major racial crises were resolved in his courtroom. However, his impact on human rights policy in Alabama was not confined to a racial context. Among other significant developments, the Middle District Court ordered reapportionment of the state’s governing bodies and invalidated its grossly inequitable property tax systems.
Judge Johnson’s decisions made him one of the most widely respected and controversial trial judges in the country. Until recently, however, his name was anathema to many white Alabamians, and he and his family were subject to ostracism, threats, violence, and verbal abuse.
Yarbrough examines Judge Johnson’s life through the end of the Wallace era and the Judge’s appointment to the Fifth Circuit Court. More broadly, the book is a history of modern human rights reform in Alabama, cast in the biographical idiom. For, in a real sense, the history of the reform and of Judge Johnson’s judicial career have been synonymous.

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front cover of Mr. Justice Black and His Critics
Mr. Justice Black and His Critics
Tinsley E. Yarbrough
Duke University Press, 1988
Many jurists give lip service to the idea that judicial interpretation of constitutional provisions should be based on the intent of the framers. Few, if any, have been as faithful to that conception as Hugo Black. As U.S. senator from Alabama, Black was a vigorous critic of the Supreme Court's use of the Constitution as a weapon against the Roosevelt New Deal. Once on the court he played a leading role in overturning those decisions and in attempting to establish for freedom of speech and other guarantees the interpretation he (and others) believe was warranted by the language and intent of the framers.
Late in his career, however, Black's commitment to literalism and intent led him to assume apparently conservative positions in civil liberties cases. In an era characterized by growing acceptance of the belief that judges should adapt the Constitution to changing social and ethical perceptions, many came to regard Black's position as unrealistic and irrelevant.
Tinsley E. Yarbrough analyzes Black's judicial and constitutional philosophy, as well as his approach to specific cases, through the eyes of Black's critics (such as Justices Frankfurter and Harlan) and through an assessment of scholarly opinion of his jurisprudence. The result is a stimulating and provocative addition to the study of Justice Black and the Supreme Court.
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