Legal research. Law review case notes paper - Essay Example

To illustrate this, he gives instances of which strategic litigation had led to substantial changes in the law. However, not all of these cases resulted in the exact expectations of the lawyers. To begin with, Professor examines the litigation of the National Association for the Advancement of Colored People (NAACP) to fight segregation. He agrees that initially, their litigation campaigns had little success until improvements were made after Brown was decided. Clients’ Interests in strategic litigation cases are singled out as the greatest impediment to litigation campaigns.

He further gives the successes achieved by NAACP to make the US reconsider how the death penalty was administered at the time. The American Civil Liberties Union also succeeded in getting the government to improve prison conditions to acceptable standards that uphold human rights. Professor proceeds to discuss the implementation of Brown. In this 1954 case, segregation of pupils in US school based on race was outlawed. However, this only appeared to be on paper as this decision was not made practical immediately.

Discrimination of blacks was still rampant. Even though Tushnet slightly agrees with Professor Rosenberg’s view that the Supreme Court did not achieve significant social change by deciding Brown, Tushnet points out that this was in the short term and goes further to exemplify what the Courts did later to effect the Changes envisioned in Brown. Success of Brown began to take root when policy was engineered towards it with the effort of the executive and Congress. Tushnet agrees with Professor Michael that success was dependent on politicians from the North began to favor civil rights.

Continued pressure by organizations such as NAACP, politicians, and other civil rights groups eventually see the courts enact the Civil Rights Act of 1964 and