Students, attorneys learn about historic Dred Scott case

IL Staff
February 28, 2012
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A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.

The state Supreme Court and Office of the Indiana Attorney General hosted the program for students from five Indianapolis area high schools, exploring the legal and cultural aspects of the 1857 decision from the Supreme Court of the United States.

An African-American man held in slavery in the 1850s, Dred Scott sued to gain his freedom and took his case all the way to the nation’s highest court. Though a lower court had freed Scott from slavery, the SCOTUS denied Scott and other enslaved persons their legal rights, resulting in Scott being enslaved again. Though Scott and his wife, Harriett, eventually were freed, he did not live to see the political outcome of the 7-2 Supreme Court ruling. Now considered a pivotal turning point in American history, the Dred Scott decision led to the political rise of Abraham Lincoln, secession of the slaveholding Southern states, outbreak of the Civil War, Lincoln’s Emancipation Proclamation, abolition of slavery nationwide, and the passage of the 14th Amendment to the U.S. Constitution.

At Tuesday’s presentation in the Indiana Supreme Court chamber, speakers included Utah Attorney General Mark Shurtleff, who wrote the book “Am I Not A Man? The Dred Scott Story,” and Dred Scott’s great-great granddaughter Lynne M. Jackson.  Indiana Attorney General Greg Zoeller attended Shurtleff’s presentation on the Dred Scott decision a few years ago in the old SCOTUS chamber of the U.S. Capitol, and Zoeller was so impressed he asked Shurtleff to present it to Indiana students and attorneys.

Shurtleff described the legal and historical ramifications of the decision, while Jackson provided the family perspective of her famous ancestor who fought for his freedom in the courts and lost but inspired the antislavery Abolitionist movement. Students from Arsenal Tech, Covenant Christian, Lawrence North, Plainfield and Silver Creek high schools read aloud excerpts from the decision.

“Behind the historic cases lawyers study are real people who faced real hardships. The Dred Scott decision called into question the basic American notion of equality and today it reminds us that the system of justice is imperfect. Though it took the pain and suffering of the Civil War, justice eventually prevailed to right a wrong, and that’s something students today should understand,” Zoeller said.

On Tuesday afternoon at Martin University in Indianapolis, Shurleff and Jackson presented a Continuing Legal Education session to attorneys, focusing on legal analysis of the decision and its impact. Zoeller served as moderator of that program.

The day’s programs are also sponsored by the Indiana Bar Foundation, Martin University and the Indiana Supreme Court Legal History Lecture Series with support from the Indiana Commission on Continuing Legal Education. The student event is also sponsored by the Indiana Supreme Court’s “Courts in the Classroom” program.



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  1. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  2. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  3. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  4. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  5. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well