Sieyès's Constitutional Jury, the Pennsylvania Council of Censors, and the Debate on the Conservative Power in the French Revolution.

Emmanuel-Joseph Sieyès's 1795 proposal for a Constitutional Jury is usually portrayed as the first proposal for an institution to control the constitutionality of laws, and thus the ancestor of the modern constitutional court. Challenging this view, this article resituates the Constitutional Jury in a broader transatlantic tradition concerned with creating a conservative power, a non-judicial and explicitly political constitutional guardian, and demonstrates the influence of the 1776 Pennsylvania Council of Censors on Sieyès's Constitutional Jury. Drawing upon the insights provided by this tradition, it then reevaluates the history of constitutionalism and the contemporary crisis of constitutional guardianship.

"Not in my name": the anti-racist praxis of Mab Segrest & Minnie Bruce Pratt.

Minnie Bruce Pratt (1946-) and Mab Segrest (1949-) are white middle-class lesbians that both came of age during the classical phase of the Civil Rights Movement in rural Alabama. Today, they are considered influential figures in feminist and lesbian, gay, bisexual, transgender, and queer (LGBTQ) literary movements and recognized as important activists in late twentieth-century feminist, LGBTQ, and anti-racist political struggles. Examining Pratt's Rebellion: Essays, 1980-1991 (1991) and Segrest's Memoir of a Race Traitor (1994), I argue that both texts deconstruct the sociopolitical dynamics and ideologies that inform the inculcation of white middle-class southern womanhood specifically and hegemonic white southern culture generally through performing a form of anti-racist praxis that I call geospatial critique. This term addresses how Pratt and Segrest mine spaces that they occupy for histories of struggle, paying specific attention to how white settler-colonialism and chattel slavery produced particular epistemologies of race, class, gender, and sexuality that continue to influence social identities and practices in the present. Initially developed during Pratt and Segrest's collaboration on Feminary, a lesbian-feminist journal located in Durham, North Carolina, between 1978 and 1982, geospatial critique, I suggest, is a direct response to or a way of undoing the racial training that was part of the production of whiteness in the south from the turn to the first half of the twentieth century.

FIFTY YEARS AFTER KING'S DEATH: UNTOLD STORIES OF HEROES OF THE PAST.

In 1955 three individuals converged to change the arc of history, Martin Luther King Jr., Rosa Parks, and arguably the most provocative but least known, Frank Minis Johnson Jr. Johnson served on the Federal District Court of the Middle District of Alabama from 1955 to 1979, during which time his numerous decisions revolutionized Civil Rights. His rulings ended the Montgomery Bus Boycott, integrated public transportation, reformed state prisons, and improved the care for the mentally ill.

The Final Years of Central State Hospital.

There is a rich literature on the deinstitutionalization movement in the US but few, if any, parallel histories of state mental hospitals. Under attack from the 1950s on, state hospitals dwindled in size and importance. Yet, their budgets remained large. This paper offers a case study of one such facility, Indiana's Central State Hospital, between 1968 and 1994. During these years, local newspapers published multiple stories of patient abuse and neglect. Internal hospital materials also acknowledged problems but offered few solutions. In 1984, the US Department of Justice intervened, charging Central State with having violated patients' civil rights, the first such action filed under the 1980 Civil Rights of Institutionalized Persons Act. Although Indiana signed a consent decree promising major reform, long-lasting change proved elusive. Civil and criminal lawsuits proliferated. In 1992, as Central State continued to attract negative attention, Indiana Governor Evan Bayh ordered the troubled hospital closed. His decision promised to save the state millions of dollars and won plaudits from many, but not all, mental health advocates. Even as the last patients left in 1994, some families continued to challenge the wisdom of eliminating Indiana's only large urban mental hospital, but to no effect.

Pathologizing the Crisis: Psychiatry, Policing, and Racial Liberalism in the Long Community Mental Health Movement.

The community mental health movement has been generally regarded as a benevolent movement that replaced old notions of psychiatric racism with new ideas about the normality of race. Few studies, however, have explored the movement for its active support for new surveillance and policing strategies, particularly broken windows theory, a policing approach partly responsible for the expansion of prisons in the United States after the 1970s. Looking to racially liberal approaches to psychiatry in the 1960s and 1970s crafted by integrationist psychiatrist Louis Jolyon West and black nationalist psychiatrist J. Alfred Cannon at the University of California, Los Angeles, this essay demonstrates that cultural and biological explanations for racial violence in civil rights and black nationalist discourses renewed surveillance on poor people of color that resulted in increased forms of incarceration, segregation, and discrimination for them by the 1980s. Rather than forward racial justice, I argue that psychiatric discourses arguing for the racial sameness of white and black minds in the 1960s and 1970s relied on scientific and cultural narratives centered on child development, gender, and sexuality that obscured the processes of racial capitalism that continued to produce poverty and sickness in black communities.

An administrative right to be free from sexual violence? Title IX enforcement in historical and institutional perspective.

One of the most controversial administrative actions in recent years is the U.S. Department of Education's campaign against sexual assault on college campuses. Using its authority under Title IX of the Education Amendments of 1972 (mandating nondiscrimination on the basis of sex in all educational programs and activities receiving federal funds), the Department's Office for Civil Rights (OCR) has launched an enforcement effort that critics denounce as aggressive, manipulative, and corrosive of individual liberties. Missing from the commentary is a historically informed understanding of why this administrative campaign unfolded as it did. This Article offers crucial context by reminding readers that freedom from sexual violence was once celebrated as a national civil right--upon the enactment of the Violence Against Women Act of 1994--but then lost that status in a 5-4 decision by the U.S. Supreme Court. OCR's recent campaign reflects a legal and political landscape in which at least some potential victims of sexual violence had come to feel rightfully connected to the institutions of the federal government, and then became righteously outraged by the endurance of such violence in their communities. OCR's campaign also reflects the unique role of federal administrative agencies in this landscape. Thanks to the power of the purse and the conditions that Congress has attached to funding streams, agencies enjoy a powerful form of jurisdiction over particular spaces and institutions. Attempts to harness this jurisdiction in service of aspirational rights claims should not surprise us; indeed, we should expect such efforts to continue. Building on this insight, the Article concludes with a research agenda for other scholars seeking to understand and evaluate OCR's handiwork.

Inventing the Right to Know: Herbert Abrams's Efforts to Democratize Access to Workplace Health Hazard Information in the 1950s.

In the 1980s, the right-to-know movement won American workers unprecedented access to information about the health hazards they faced on the job. The precursors and origins of these initiatives to extend workplace democracy remain quite obscure. This study brings to light the efforts of one of the early proponents of wider dissemination of information related to hazard recognition and control. Through his work as a state public health official and as an advisor to organized labor in the 1950s, Herbert Abrams was a pioneer in advocating not only broader sharing of knowledge but also more expansive rights of workers and their organizations to act on that knowledge.

Post Civil War African American History: Brief Periods of Triumph, and Then Despair.

During Reconstruction, which is often called the most progressive period in American history, African Americans made great strides. By 1868 African American men constituted a majority of registered voters in South Carolina and Mississippi, and by 1870 eighty-five percent of Mississippi's black jurors could read and write. However, Reconstruction was followed by approximately one hundred years of Jim Crow laws, lynching, disenfranchisement, sharecropping, unequal educational resources, terrorism, racial caricatures, and convict leasing. The Civil Rights Revolution finally ended that period of despair, but the era of mass incarceration can be understood as a reaction to the Civil Rights Movement. This article attempts to understand the persistence of racism in the United States from slavery's end until the present.

Clair Engle and the brain tumor that almost derailed the Civil Rights Act.

Senator Clare Engle was a United States senator from California who cast an important vote to end the filibuster of the 1964 Civil Rights Act, even as a brain tumor had left him with an expressive aphasia and would claim his life just a month later. This paper reviews the history of Senator Engle's illness in parallel with that of the Civil Rights Act of 1964.

Medicine as a Public Calling.

The debate over how to tame private medical spending tends to pit advocates of government-provided insurance--a single-payer scheme--against those who would prefer to harness market forces to hold down costs. When it is mentioned at all, the possibility of regulating the medical industry as a public utility is brusquely dismissed as anathema to the American regulatory tradition. This dismissiveness, however, rests on a failure to appreciate just how deeply the public utility model shaped health law in the twentieth century-- and how it continues to shape health law today. Closer economic regulation of the medical industry may or may not be prudent, but it is by no means incompatible with our governing institutions and political culture. Indeed, the durability of such regulation suggests that the modern embrace of market-based approaches in the medical industry may be more ephemeral than it seems.

Ellen N. La Motte: the making of a nurse, writer, and activist.

This article examines the early career of Ellen N. La Motte (1873-1961) to trace how her training at the Johns Hopkins Training School for Nurses and years spent as a tuberculosis nurse in Baltimore shaped her perception of tuberculosis prevention and women's suffrage. Although studies of tuberculosis have frequently alluded to her work, no sustained biocritical discussion of her development as a nurse and scholar exists. Between 1902, when she graduated from nursing school, and 1914, the start of the Great War, La Motte published a textbook and dozens of articles in journals devoted to nursing and social reform and delivered many speeches at local, regional, and national meetings. In addition, as her reputation as an expert in the field of tuberculosis nursing grew, her advocacy for the vote for women increased, and she used her writing and speaking skills on behalf of the suffrage cause. This article assesses how the skills La Motte acquired during these years helped mold her into a successful and respected nurse, writer, and activist.

WOMEN, SCIENCE AND SUFFRAGE IN WORLD WAR I.

World War I is often said to have benefited British women by giving them the vote and by enabling them to take on traditionally male roles, including ones in science, engineering and medicine. In reality, conventional hierarchies were rapidly re-established after the Armistice. Concentrating mainly on a small group of well-qualified scientific and medical women, marginalized at the time and also in the secondary literature, I review the attitudes they experienced and the work they undertook during and immediately after the war. The effects of century-old prejudices are still felt today.