Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights
As a result of the violence, segregation, and disfranchisement that occurred throughout the South in the decades after Reconstruction, it has generally been assumed that African Americans in the post-Reconstruction South litigated few civil cases and faced widespread inequality in the suits they did pursue. In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts.

Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period.

Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination—and the choices black litigants had to make to get their cases heard.
1126481995
Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights
As a result of the violence, segregation, and disfranchisement that occurred throughout the South in the decades after Reconstruction, it has generally been assumed that African Americans in the post-Reconstruction South litigated few civil cases and faced widespread inequality in the suits they did pursue. In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts.

Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period.

Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination—and the choices black litigants had to make to get their cases heard.
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Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

by Melissa Milewski
Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

Litigating Across the Color Line: Civil Cases Between Black and White Southerners from the End of Slavery to Civil Rights

by Melissa Milewski

Hardcover(New Edition)

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Overview

As a result of the violence, segregation, and disfranchisement that occurred throughout the South in the decades after Reconstruction, it has generally been assumed that African Americans in the post-Reconstruction South litigated few civil cases and faced widespread inequality in the suits they did pursue. In this groundbreaking work, Melissa Milewski shows that black men and women were far more able to negotiate the southern legal system during the era of Jim Crow than previously realized. She explores how, when the financial futures of their families were on the line, black litigants throughout the South took on white southerners in civil suits and, at times, succeeded in finding justice in the Southern courts.

Between 1865 and 1950, in almost a thousand civil cases across eight southern states, former slaves took their former masters to court, black sharecroppers litigated disputes against white landowners, and African Americans with little formal education brought disputes against wealthy white members of their communities. As black southerners negotiated a legal system with almost all white gate-keepers, they found that certain kinds of cases were much easier to gain whites' support for than others. But in the suits they were able to litigate, they displayed pragmatism and a savvy understanding of how to get whites on their side. Their negotiation of this system proved surprisingly successful: in the civil cases African Americans litigated in the highest courts of eight states, they won more than half of their suits against whites throughout this period.

Litigating Across the Color Line shows that in a tremendously constrained environment where they were often shut out of other government institutions, seen as racially inferior, and often segregated, African Americans found a way to fight for their rights in one of the only ways they could. Through these suits, they adapted and at times made a biased system work for them under enormous constraints. At the same time, Milewski considers the limitations of working within a white-dominated system at a time of great racial discrimination—and the choices black litigants had to make to get their cases heard.

Product Details

ISBN-13: 9780190249182
Publisher: Oxford University Press
Publication date: 11/29/2017
Edition description: New Edition
Pages: 360
Product dimensions: 6.20(w) x 9.30(h) x 1.40(d)

About the Author

Melissa Milewski is a lecturer in American History at the University of Sussex. She edited Before the Manifesto: The Life Writings of Mary Lois Walker Morris, which won the Kanner Book Prize from the Western Association of Women Historians.

Table of Contents

Acknowledgments
Introduction
Prologue
Part 1: Civil Cases Between Black and White Southerners, 1861-1899
Chapter 1 A Revolution in the Courts
Chapter 2 How to Litigate a Case Against a White Southerner
Chapter 3 Challenging Whites' Bequests
Chapter 4 The Law of Contracts and Property
Part 2: Civil Cases Between Black and White Southerners, 1900-1950
Chapter 5 The New South and the Law
Chapter 6 Confronting Fraud Through the Courts
Chapter 7 The Law of Bodily Injury
Chapter 8 Fighting for Rights in the Courts
Epilogue
Appendix A: Notes on Methodology, Sources, and Findings
Appendix B: Tables
Notes
Bibliography
Index
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