Racial Discrimination


"The Strange, Ironic Career of Section Five of the Voting Rights Act,

            1965-2007" Texas Law Review, 86 (2008), 667-775 and "Prof.

             Kousser Responds to Prof. Bickerstaff’s Comments," Texas Law

             Review, 86 (2008), in See Also: An Online Companion to the

             Texas Law Review, at <http://www.texaslrev.com/seealso/volume




"'The Onward March of Right Principles':  State Legislative Actions on Racial Discrimination in Schools in Nineteenth-Century America," [184 kb] Historical Methods, 35 (2002), 177-204.


"Cumming and Giles, Meet Jenkins and Shaw:  Voting Rights and Education in the Two Reconstructions" [58 kb] (abstract of talk at American Association of Law Schools - American Political Science Assn. Conference on Constitutional Law, June 6, 2002)


Racial Injustice and the Abolition of Justice Courts in Monterey County” [555 kb] (Sept. 9, 2000), a unpublished report for Lopez v. Monterey County.


The Supreme Court and the Undoing of the Second Reconstruction,”[647 kb] National Forum, 80, #2 (Spring, 2000), 25-31.


What Light Does the Civil Rights Act of 1875 Shed on the Civil Rights Act of 1964?” [73 kb] in Bernard Grofman, ed., Legacies of the 1964 Civil Rights Act (Charlottesville, VA: University Press of Virginia, 2000), 33-40.

The Voting Rights Act and the Two Reconstructions,” [218 kb] in Chandler       Davidson and Bernard Grofman, eds., Controversies in Minority Voting:  A Twenty-Five Year Perspective on the Voting Rights Act of 1965 (Washington:  Brookings Institution, 1992, 135-76. 


Before Plessy, Before Brown: The Development of the Law of Racial Integration in Louisiana and Kansas,” [2.5 mb] in Paul Finkelman and Stephen C. Gottlieb, eds., Toward A Usable Past: Liberty Under State Governments (Athens, GA: University of Georgia Press, 1991), 213-70.


“‘The Supremacy of Equal Rights': The Struggle Against Racial Discrimination in Antebellum Massachusetts and The Foundations of The Fourteenth Amendment,” [19.5 mb] Northwestern University Law Review, 82 (1988), 941-1010. Reprinted in Paul Finkelman, ed., Race, Law, and American History, 1700-1900 (Hamden, CT: Garland, 1992).


Dead End: The Development of Litigation on Racial Discrimination in Schools in 19th Century America [6.2 mb] (Fair Lawn, N.J.: Oxford University Press, 1986).


The Undermining of the First Reconstruction: Lessons for the Second,” [1.14 mb] in Extension of the Voting Rights Act: Hearings Before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, 97th Cong., l Sess. (Washington: G.P.O., 1982), 2009-2022. Revised version published in Chandler Davidson, ed., Minority Vote Dilution (Washington, D. C.: Howard University Press, 1984), 27-46.


Making Separate Equal: The Integration of Black and White School Funds in Kentucky,” [1.3 mb] Journal of Interdisciplinary History, 10 (1979), 399-428 and ibid., 12 (1982), 509-13.


Progressivism for Middle-Class Whites Only: The Distribution of Taxation and Expenditures for Education in North Carolina, 1880-1910,” [1.3 mb] Journal of Southern History, 46 (1980), 169-94.


Separate But Not Equal: The First Supreme Court Case on Racial Discrimination in Education,” [1.7 mb] Journal of Southern History, 46 (1980), 17-44. Reprinted in Kermit L. Hall, Civil Rights in American History (Garland Pub. Co., 1989); in Paul Finkelman, Race, Law, and American History, 1700-1900 (Hamden, CT: Garland, 1992).

A Black Protest in the `Era of Accommodation',” [1.2 mb] Arkansas Historical Quarterly, 34 (1975), 149-178.