Sunday, January 7, 2024

Litigating African American rights in Jim Crow

The common story of federal civil rights litigation (told in the cases and in our book) holds that we needed federal litigation of federal rights to overcome systemic racism in Reconstruction and Jim Crow state courts and the inability of African American victims to obtain legal relief, especially against white violence. While that story is generally true, research from a Harvard historian suggests that African American plaintiffs achieved some litigation success in state courts, particularly in pursuing tort claims against railroads, insurers, and other private entities. A worthwhile counter-narrative, demonstrating that law is complicated.