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Subject:
From:
Paul Finkelman <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Wed, 7 May 2008 14:14:49 -0400
Content-Type:
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Dear Mr. Dixon:

Thanks for doing this.  I suspect that J.South does not understand the
nature of an amicus brief and therefore incorrectly assumed that the
case was brought by the NAACP, which is no correct, as I pointed out and
is well known to scholars and others who have studied and written about
the case.  I would not now ask for an apology from J.South (as he asked
from me) but only that he try to do some reading and research before
posting about things he knows nothing about.

Paul Finkelman 

Paul Finkelman
President William McKinley Distinguished Professor of Law
     and Public Policy
Albany Law School
80 New Scotland Avenue
Albany, New York   12208-3494

518-445-3386 
[log in to unmask]
>>> "[log in to unmask]" <[log in to unmask]>
05/07/08 1:55 PM >>>
With respect to the issues on the Loving case,  I queried the appellate
attorney. My post to him:

Phil
 
There is a history discussion group (VA-HIST) on the Internet operated
by
the Library of Virginia. At present, there is a dispute about the Loving
case in two respects: One, whether the case was funded by the NAACP, and
two, whether the arrest was legitimate or was staged to create a test
case.
If you would like to comment on this I will post your comments (without
alteration) to the list. Hope all is well with you.
 
Dick Dixon 

His response:

Dick--The NAACP in no way funded or assisted in the Loving case, other
than
Bob Carter did file an amicus brief in the US Supreme Court on behalf of
the NAACP.  The case was funded solely by the ACLU, which paid out of
pocket costs.  Bernie Cohen and I volunteered all of our time without
payment.
 
As far as some allegation that the case was staged to create a test
case,
that is totally incorrect.  The Lovings were arrested, prosecuted and
convicted of felonies years before we got involved in any legal
challenge.  
 
Phil Hirschkop
 
 	

Richard E. Dixon
Editor, Jefferson Notes
Thomas Jefferson Heritage Society
4122 Leonard Drive
Fairfax, Va 22030
703-691-0770 fax 703-691-0978


> [Original Message]
> From: Paul Finkelman <[log in to unmask]>
> To: <[log in to unmask]>
> Date: 5/7/2008 10:33:33 AM
> Subject: Re: [VA-HIST] Mildred Jeter Loving (1940-2008), & an apology
(was Re: What would Jeffer...
>
> for what? after you have read the history of the case we can talk.  
>
> Paul Finkelman
> President William McKinley Distinguished Professor of Law
>      and Public Policy
> Albany Law School
> 80 New Scotland Avenue
> Albany, New York   12208-3494
>
> 518-445-3386 
> [log in to unmask]
> >>> [log in to unmask] 05/07/08 10:25 AM >>>
> I think you need to review the US Supreme Court docket in Loving  v.
> Virginia 
>  388 U.S. 1; 87 S. Ct. 1817; 18 L. Ed. 2d 1010; 1967 U.S.  LEXIS 1082
> and 
> then feel free to apologize.
>  
> J South
>
>
>

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