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Bricks Before Brown, Carina Linares, Samantha Castro Apr 2021

Bricks Before Brown, Carina Linares, Samantha Castro

Student Research Symposium

We are creating a digital, historical tool for social studies teachers outlining 104 school desegregation cases that occurred before the famed 1954 Brown v. Board. Each case will have a hyperlink that provides a description and directs students to online archival materials identified and curated by USU students. Presentation Time: Thursday, 2-3 p.m.


Turning White: Co-Opting A Profession Through The Myth Of Progress, An Intersectional Historical Perspective Of Brown V. Board Of Education, Jennifer L. Martin, Jennifer N. Brooks Mar 2020

Turning White: Co-Opting A Profession Through The Myth Of Progress, An Intersectional Historical Perspective Of Brown V. Board Of Education, Jennifer L. Martin, Jennifer N. Brooks

Educational Considerations

The U.S. is currently experiencing a teacher shortage. Many school districts have been impacted by this issue and want to know: how do we recruit more qualified candidates into the profession, and, more importantly, how do we recruit more Teachers of Color? We may be experiencing a shortage of teachers in general, but there has been a paucity of Teachers of Color, particularly Black teachers, for decades. Looking back to the Brown v. Board decision (1954) to integrate public schools, thousands of Black teachers were pushed out of their jobs in various ways. In this article, we examine how this …


Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Tilley Jan 2020

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Tilley

Faculty Publications & Other Works

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …


The Hidden Cost Of Brown V. Board: African American Educators' Resistance To Desegregating Schools, Mallory Lutz Oct 2017

The Hidden Cost Of Brown V. Board: African American Educators' Resistance To Desegregating Schools, Mallory Lutz

Online Journal of Rural Research & Policy

This article focuses on the black community in Topeka during the first half of the twentieth century. Using archival sources such as the black press, letters from educators and administrators to state officials and newspapers, and correspondence from black teachers in Topeka, I examine the reasons some African American teachers, administrators, and families were hesitant to desegregate the public school system. Additional sources include the Kansas Historical Society’s archival holdings, including governors’ files and court cases, as well as the papers of Mamie Williams, an African American teacher. Some black Topekans feared desegregation because they believed it would harm students …


Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy Jul 2015

Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy

Akron Law Review

The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.


The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco Jul 2015

The Burlington Decision: A Vehicle To Enforce Free Appropriate Public Education For The Handicapped, Martha A. Motsco

Akron Law Review

This note will present an overview of early case law relevant to the Education of the Handicapped Act ("EHA"), discuss the facts and rationale of the Burlington v. Department of Education decision, and analyze the implications of Burlington as they relate to implementing the EHA in the future.


On Brown V. Board Of Education And Discretionary Originalism, Ronald Turner Jan 2015

On Brown V. Board Of Education And Discretionary Originalism, Ronald Turner

Utah Law Review

In 1954, the United States Supreme Court issued its seminal decision in Brown v. Board of Education. Interpreting and applying the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, a unanimous Court held “that in the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.” In so holding, the Court determined that it could “not turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written.” The Court chose, instead, to “consider public education in the …


Opening The Classroom Doors: Stories Of English Teachers' Experiences With Three Eras Of Educational Reform, Kelli Sowerbrower Dec 2014

Opening The Classroom Doors: Stories Of English Teachers' Experiences With Three Eras Of Educational Reform, Kelli Sowerbrower

Middle and Secondary Education Dissertations

This study examined what has largely been overlooked in educational research: What happens to educational reforms in teachers’ classrooms when they shut the door and teach? Few researchers have talked with teachers to understand their experiences with educational reforms. I framed this narrative inquiry in sociocultural theories of culture (Bruner, 1996; Cole, 1996; Smagorinsky, 2001; Vygotsky, 1978) and experience (Dewey, 1938/1997) to provide lenses for understanding the history, setting, activities, and artifacts that informed how veteran teachers taught during different eras of reform. The participants were three English teachers who started teaching shortly before significant moments in educational reform began …


Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin Jan 2014

Resolving The Original Sin Of Bolling V. Sharpe, Gregory Dolin

All Faculty Scholarship

On May 17, 1954 the Supreme Court handed down two decisions that for the first time categorically held that racial segregation in public schools was per se unlawful – Brown v. Board of Education and Bolling v. Sharpe. Ostensibly, both cases dealt with a same question; however, in Brown the entity accused of discrimination was a creature of the State of Kansas, while in Bolling the discrimination was practiced by the federal government. The problem that the Supreme Court faced was the language of the Fourteenth Amendment, which, by its own terms, guaranteed “equal protection of the laws” only vis-à-vis …


Judging In A Vacuum, Or, Once More, Without Feeling: How Justice Scalia’S Jurisprudential Approach Repeats Errors Made In Plessy V. Ferguson, Chris Edelson Feb 2011

Judging In A Vacuum, Or, Once More, Without Feeling: How Justice Scalia’S Jurisprudential Approach Repeats Errors Made In Plessy V. Ferguson, Chris Edelson

Chris Edelson

Justice Antonin Scalia recently declared that the 14th Amendment’s Equal Protection Clause simply does not apply to discrimination based on sex or sexual orientation. Though Justice Scalia’s statement is not exactly news, as he had previously suggested as much in dissenting opinions in Romer v. Evans and United States v. Virginia, it does provide an opportunity to consider how he arrived at these conclusions. Justice Scalia argues that he is simply applying the original meaning of the Equal Protection Clause, deferring to tradition and the will of the people until and unless democratic action provides new instructions. This article argues …


The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown Jan 2006

The Intergration Myth: America's Failure To Produce Equal Education Outcomes, Samuel E. Brown

The Modern American

No abstract provided.


Reflections: Fifty Years After Brown V. Board Of Education, Janet Reno Jan 2004

Reflections: Fifty Years After Brown V. Board Of Education, Janet Reno

Kentucky Law Journal

No abstract provided.