Digital Commons Network^™

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

The Ironies Of Affirmative Action, Kermit Roosevelt Iii

All Faculty Scholarship

The Supreme Court’s most recent confrontation with race-based affirmative action, Fisher v. University of Texas, did not live up to people’s expectations—or their fears. The Court did not explicitly change the current approach in any substantial way. It did, however, signal that it wants race-based affirmative action to be subject to real strict scrutiny, not the watered-down version featured in Grutter v. Bollinger. That is a significant signal, because under real strict scrutiny, almost all race-based affirmative action programs are likely unconstitutional. This is especially true given the conceptual framework the Court has created for such programs—the way …

The Heart Of Equal Protection: Education And Race, Sharon E. Rush

Sharon E. Rush

Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that education …

The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.

Articles

The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.

This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …

Black Resistance To School Desegregation In St. Louis During The Brown Era, Jessica Mcculley

The Confluence (2009-2020)

McCulley discusses opposition to school integration by African American educators in St. Louis at the time of the Brown v. Board of Education Decision.

Chaos In Clinton., Heather Flood

Electronic Theses and Dissertations

The integration of Clinton High School, located in Clinton, Tennessee captivated the nation in the fall of 1956. This paper depicts the events that occurred during that period. Also included are the events that occurred prior to the desegregation of the high school, the understanding of which is necessary to fully appreciate the events that unfolded in Clinton.

W. E. B. Du Bois On Brown V. Board Of Education, Stanley O. Gaines Jr.

Ethnic Studies Review

The 1960s have been described as the "civil rights decade" in American history. Few scholar-activists have been identified as strongly with the legal, social, economic, and political changes culminating in the 1960s as has African American historian, sociologist, psychologist W. E. B. Du Bois. Inexplicably, in 2003, the 100-year anniversary of Du Bois' classic, The Souls of Black Folk (1903), came and went with little fanfare within or outside of academia. However, in 2004, the 50-year anniversary of the initial U. S. Supreme Court decision in Brown v. Board of Education (1954) presents an opportunity for ethnic studies in general, …

The Heart Of Equal Protection: Education And Race, Sharon E. Rush

UF Law Faculty Publications

Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that …

Between Law And Justice: Professor Bittker's Case For Black Reparations, Henry J. Richardson Iii

Indiana Law Journal

No abstract provided.