Mr. Justice Black: The Negro Protest Movement and the Rule of Law

This term marks the thirtieth anniversary of Mr. Justice Black's appointment to the Court. In this tribute Article Professor Howard examines the manner in which the Negro protests have posed the issue of civil disobedience, and the fashion in which the Supreme Court, in the "direct action" cases of the 1960's, has handled the constitutional questions involved. He proceeds to suggest a theory of Justice Black's view of the "rule of law," not only as it governs the conduct of those who live under the law, but also as it governs those who make and apply the law.