611.62 Readings: Integrity of the American Judiciary on Matters of Racial Equality: From Freedom Suits to Color Blindness in 200+ Years

We will examine the litigation of ante-bellum freedom lawsuits brought by enslaved people in states from Massachusetts to Missouri and consider what, if anything, these cases tell us about lost judicial opportunities to deal meaningfully with slavery and racial inequality from the 18th century until now. The primary texts for the course will be Supreme Injustice by Paul Finkleman and A Question of Freedom: The Families Who Challenged Slavery from the Nation's Founding to the Civil War by William G. Thomas. In addition, we will read the decisions in key freedom suits from Massachusetts, Maryland and the District of Columbia, North Carolina, and Missouri, including the Supreme Court’s Dred Scott v. Sandford decision in 1857. Finally, we will discuss perspectives on some of the Supreme Court’s contemporary race decisions, including essays written by Randall Kennedy. Students will be required to write a 15-page paper on a topic of their choice that is approved in advance by the instructors.

The course will meet every two weeks on Wednesday evening from 6:30 to 8:30 pm.

Fall 2024

Course Number Course Credits Evaluation Method Instructor
611.62
Course Credits
Reflective Writing
Class participation
James E. Coleman, Jr., Jeffrey Tignor
Canvas site: https://canvas.duke.edu/courses/44504
Course
Course
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Areas of Practice
Course Areas of Practice