Digital Commons Network^™

A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis

Michigan Law Review

Justice Kennedy's concurrence in Parents Involved in Community Schools v. Seattle School District Number 1 raised an important and timely constitutional issue: whether the Constitution permits K-12 public school districts not under existing desegregation orders to use site selection of new schools or rezoning plans to achieve racial diversity. Numerous scholars and journalists have interpreted Justice Kennedy's concurrence as explicitly answering the question in the affirmative. This Note argues that the opposite is true. Justice Kennedy's past jurisprudence, as well as his language in Parents Involved, favors the use of strict scrutiny. Indeed, in Parents Involved, Justice Kennedy …

School Desegregation In Norfolk, Virginia, Karen S. Vaughan

Libraries Faculty & Staff Presentations

Powerpoint slideshow (with audio) to accompany 2008 exhibit in the Old Dominion University Perry Library about School Desegregation in Norfolk, Virginia.

See also:

• digital collection at: no longer available
• online exhibition at: http://exhibits.lib.odu.edu/exhibits/show/sdinv

Oped: Breaking Uf Racial Barriers, Pedro A. Malavet

Pedro A. Malavet

An OpEd describing the legal and personal struggle to desegregate the University of Florida College of Law on the 50th Anniversary of the matriculation of the first African American Student, George Starke. The essay describes how Virgil Hawkins was the last lead plaintiff in the litigation that produced Mr. Starke's matriculation and led to the graduation of W. George Allen.

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

South Carolina Law Review

No abstract provided.

The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black

Faculty Publications

The article was part of a symposium on the jurisprudence of Supreme Court Justice Sandra Day O’Connor. First, the article analyzed whether the Court’s decision in Parents Involved v. Seattle Schools was consistent with Justice O’Connor’s majority opinion in Grutter v. Bollinger. The article concludes that Parents Involved narrowly construed the holding in Grutter and limited its effect. Second, the article assessed the practical import of the decision in Parents Involved. It found that the opinion made voluntary desegregation more difficult than it otherwise would be and, thus, would discourage many school districts from taking progressive action. Unfortunately, the article …

Discovering The Voices Of The Segregated: Oral History Of The Educational Experiences Of The Turkish People Of Sumter County, South Carolina, Terri Ann Ognibene

Middle-Secondary Education and Instructional Technology Dissertations

This qualitative study is a narrative investigation that analyzes the educational experiences of the segregated Turkish people of Sumter County, South Carolina during the integration movement. Four participants share their stories of how attending an elementary school for Turkish students affected their integration into White high schools. Oral history is the specific research methodology that is used. The theoretical framework that guides this study is critical-narrative theory. Through critical research, the researcher analyzes how “the social institution of school is structured such that the interests of some members and classes of society are preserved and perpetuated at the expense of …

Grounded History: A Keynote Address To The 14th Annual Massachusetts Statewide Undergraduate Research Conference, Amilcar Shabazz

Amilcar Shabazz

No abstract provided.

A Study Of Regulatory Intervention In Labor-Management Relations: School Desegregation In Los Angeles, Dade County, And Boston, Harry C. Katz

Harry C Katz

"This article analyzes the interaction between public school desegregation and labor relations in Los Angeles, Dade County, and Boston. First enumerating the ways in which desegregation led to specific changes in either personnel policies or collective bargaining agreements in the three school systems, then providing an evaluation of the performance of the court’s regulatory intervention within labor management relations in the three school systems. After comparing regulatory performance, the factors that influence the observed variations in performance are assessed. A distinction is found between those causal factors that are ‘environmental’ and those that are under the direct control of the …

From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes

Michigan Journal of Race and Law

In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …

The Little Rock School District's Quest For Unitary Status, Honorable Robert L. Brown

University of Arkansas at Little Rock Law Review

This essay discusses the major judicial benchmarks affecting the Little Rock School District since Brown v. Board of Education, andl additionally touches on attitudinal stumbling blocks between the races where problems continue to arise and where suspicions run deep.

After some forty years of litigation the Little Rock School District has been declared unitary in all respects by the Federal District Court for the Eastern District of Arkansas. There are judicial benchmarks since Brown and three cases bear mentioning. The initial focus of the essay is on the unitary-status decisions handed down by the Federal District Court, and specifically by …

Harry Ashmore And "The Crisis Mr. Faubus Made", Elizabeth Jacoway

University of Arkansas at Little Rock Law Review

No abstract provided.

History Of The Alternative Desegregation Plan And The Black Community's Perspective And Reaction, Johanna Miller Lewis

University of Arkansas at Little Rock Law Review

No abstract provided.

From Brown To Busing, Elizabeth Cascio, Nora Gordon, Ethan Lewis, Sarah Reber

Nora Gordon

Brown v. Board of Education had little immediate effect on the dual system of education in the South; by the early 1970s, however, Southern schools were the most racially integrated in the country. This paper uses newly assembled and uniquely comprehensive data to document how different types of Southern school districts made this transition. Controlling for other factors, we find larger districts were more likely to be under court supervision both early and ever; over time the enrollment threshold for court supervision fell. Poorer districts—which stood to lose larger federal grants if they failed to desegregate—were particularly likely to desegregate …

Cooper V. Aaron: Development And Implementation Of The Litigation, Judith Kilpatrick

University of Arkansas at Little Rock Law Review

No abstract provided.

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Seattle University Law Review

The full extent of what the Court decided in Grutter and Parents Involved remains in some dispute. What is far more certain is that both cases continue to stir deeply held passions that help frame public and legal debates about the Court and its role in affirmative action and school desegregation disputes. Amid these increasingly raucous debates, this Article expressly side steps the many questions (and controversies) about what the Court decided in those cases and seeks to escape from the frequently politically charged and volatile context of governmental uses of race. This Article instead focuses on how the Court …

Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathan L. Entin

Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1 the Supreme Court debated the meaning of Brown v. Board of Education. This essay, prepared for a symposium on Parents Involved, traces the roots of the debate between color-blindness and anti-subordination to Brown itself and efforts to desegregate public schools in the wake of that decision but shows that the debate goes back at least as far as the tensions reflected in the first Justice Harlan's celebrated dissent in Plessy v. Ferguson.

The Little Rock Confrontation And Cooper V. Aaron: Development And Implementation Of Constitutional Litigation, Tony A. Freyer

University of Arkansas at Little Rock Law Review

No abstract provided.

America’S Enduring Legacy: Segregated Housing And Segregated Schools, Jonathan K. Stubbs

Law Faculty Publications

Recently, the global human rights community experienced the loss of Oliver W. Hill. During his 100 years, Mr. Hill received many well-deserved awards including the NAACP’s Spingarn Medal, the Presidential Medal of Freedom, and the highest awards of the ABA. He was perhaps best known for his inspiring role as co-lead counsel in the Prince Edward County, Virginia, school desegregation case, Davis v. County Board of Education, which the Supreme Court consolidated with three other cases in Brown v. Board of Education. For 80 of his 100 years, first as an activist and later as a lawyer, Mr. Hill fought …

Reflections On The Commemoration Of The 50th Anniversary Of The Crisis At Little Rock Central High School, Judge Wiley Branton Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Comments Made At The Ben J. Altheimer Symposium On The 50th Anniversary Of The Central High Crisis Held At The Ualr William H. Bowen School Of Law, John W. Walker

University of Arkansas at Little Rock Law Review

No abstract provided.

Speaking The Language Of Integration: A Case Study Of South Boulevard Foreign Language Academic Immersion Magnet, Heather Kathleen Olson Beal

LSU Doctoral Dissertations

Racial segregation and an achievement gap persist despite the promises of Brown vs. Board of Education (1954). In Baton Rouge, Louisiana, public schools are 83% Black, while nearly one-third of all children attend private schools which are 86% White. South Boulevard (SB) Foreign Language Academic Immersion Magnet Elementary is a counterexample because it has achieved integration and academic achievement well above district and state averages on high stakes tests. This research explores the culture of SB’s immersion magnet program in relation to its success as an integrated public school with high student achievement and explores the factors that motivated a …

Race At The Pivot Point: The Future Of Race-Based Policies To Remedy De Jure Segregation After Parents Involved In Community Schools, Jonathan D Fischbach, Will Rhee, Robert Cacace

Faculty & Staff Scholarship

This article examines the perhaps unintended consequences of changing legal doctrine. Most commentary on the U.S. Supreme Court Parents Involved in Community Schools (“PICS”) decision explores PICS’ impact upon voluntary race-based policies to remedy unintentional de facto racial segregation. In contrast, this analysis explores PICS’ impact upon mandatory race-based policies to remedy government-sponsored de jure racial segregation. After PICS, the Fourteenth Amendment’s essence and character can turn on a finding of unitary status, a purely factual and somewhat subjective determination reviewable only for clear error. Under the Equal Protection Clause, a school district found to operate a de jure segregated …