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A Court Divided: The Fifth Circuit Court of Appeals and the Politics of Judicial Reform, 63 Tulane Law Review 1241 (1989)


During the two decades following Brown v. Board of Education,the trial and appellate judges of the old Fifth Circuit, which comprised Georgia, Florida, Alabama, Mississippi, Louisiana ,and Texas, had the major share of the responsibility for implementing Brown in the former Confederate states. Judges from other circuits, notably the Fourth (Maryland, Virginia, North Carolina, and South Carolina) and to some extent the Sixth, Eighth, and Tenth Circuits, were of course also involved in the litigation. But most of the attention and the resulting literature has focused on the old Fifth Circuit.

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