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The Problem of the Compatibility of Civil Disobedience with American Institutions of Government, 43 TEX. L. REV. 492 (1965)


Professor Black has presented a stirring discussion of "civil disobedience"
and "nonviolence" as we think of those terms in the
context of the civil rights movement. In examining the effect of
federalism on the problem, he suggests that the civil disobedience
that we have thus far seen, for the most part, is not really disobedience,
but rather is an assertion of the national law against
the state law. Another suggestion, a chilling one, is that when
the power structure of a state is used to keep a race in oppression
so that change by political means is hopeless, then massive and
general disobedience is neither an improper response, nor one which
the rest of the nation is obliged to aid in suppressing.

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