The Gaines v. Canada Decision

Paper Summary:

The paper discusses the Supreme Court's 1938 historical decision in Gaines v. Canada. The paper looks at the case where the state of Missouri petitioned for the right to provide a scholarship to a black student, Lloyd Gaines, to attend law school out of the state. The paper describes how the court upheld that the Fourteenth Amendment provided black Americans the same opportunities in education as white Americans. The paper relates that this established the precedent for ending educational segregation in America. The paper also notes the unknown fate of the protagonist, Lloyd Gaines.

Outline:
Introduction
The Court
The Case
The Gaines Decision and the Civil Rights Movement
Lloyd Gaines

From the Paper:

"Writing in 1957, Bernard Schwartz claimed that the United States Supreme Court was all too often described in terms of the individual justices sitting on the Court at the point in time that the writer wrote about it . This, Schwartz says, is not a full picture of the Court . Schwartz says that the complete sense of the Court should be one as a government institution, one which "the only continuing governmental institution in our Constitutional structure; individual Justices come and go, but their arrivals and departures scarcely affect the unbroken functioning of the Court as a judicial organ." . Schwartz contends, too, that the institution has an effect on those elected to it that causes them to lose themselves to the humility of its continuity in process, and to become the sum of all that has come before it up until that point, and as such to become inextricably interwoven in all that should come after them as individual members of the highest court in the nation."

Sample of Sources Used:

• Abrams, Kathryn. "The Legal Subject in Exile." Duke Law Journal 51, no. 1 (2001): 27+. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=o&d=5000944011. Internet. Accessed 27 March 2007.
• Epstein, Terrie L. "Tales from Two Textbooks a Comparison of the Civil Rights Movement in Two Secondary History Textbooks." Social Studies 85, no. 3 (1994): 121-126. Database on-line. Available from Questia, http://www.questia.com/PM.qst?a=o&d=95856600. Internet. Accessed 27 March 2007.
• Garrison, Chad, 'The Mystery of Lloyd Gaines,' River Front Times, 4 April 2007, found online at http://www.riverfronttimes.com/2007-04-04/news/the-mystery-of-lloyd-gaines/, retrieved 28 April 2007.
• Klarman, Michael J. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. New York: Oxford University Press, 2004. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=o&d=103546615. Internet. Accessed 27 March 2007.
• Preer, Jean L. Lawyers v. Educators: Black Colleges and Desegregation in Public Higher Education. Westport, CT: Greenwood Press, 1982. Book on-line. Available from Questia, http://www.questia.com/PM.qst?a=o&d=23351551. Internet. Accessed 27 March 2007.

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