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Articles 31 - 60 of 320
Full-Text Articles in Entire DC Network
Archbishop Rummel's Leadership In Troubled Times: Spiritual And Secular Discourses To Integrate Parochial And Public Schools In New Orleans, Kristina Mckenzie-Hudson
Archbishop Rummel's Leadership In Troubled Times: Spiritual And Secular Discourses To Integrate Parochial And Public Schools In New Orleans, Kristina Mckenzie-Hudson
LSU Doctoral Dissertations
This study examines the pastoral letters of Archbishop Joseph Francis Rummel. Rummel served as the archbishop of the New Orleans archdiocese during a very tumultuous period in New Orleans’ history, 1935-1964. In the four decades before Rummel’s arrival, the archdiocese of New Orleans became increasingly segregated. Segregation became Church policy, as the New Orleans Catholic Church shunned its integrationist roots. As the infamous school crisis of 1960 raged in New Orleans and gained national attention, as leader of the Catholic faithful, Rummel would be confronted with the seminal question of his tenure, what was his stance on segregation in the …
Reclaiming Voices And Identities: An Examination Of African American Educators’ Experiences Before And After Brown V. Board Of Education, Leta Hooper
Doctoral Dissertations
The Brown v. Board of Education rulings in 1954 and 1955 are often regarded as cases that set the precedent for dismantling schools operating on a racially “separate but equal” system. The outcome of the Brown v. Board of Education rulings led to the closing of Black schools as well as the dismissal and displacement of Black educators (Fultz, 2004). Black educators’ experiences of teaching in segregated and desegregated schools, as well as their role in challenging inequitable education conditions, are topics that continue to be ignored in mainstream society (Fultz, 1995; 2004; Siddle-Walker, 2013). The purpose of this life …
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
Law Student Publications
As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Indiana Law Journal
In his Jerome Hall Lecture, Professor Tushnet addresses the legacy of Brown v. Board of Education in the more recent case of Parents Involved in Community Schools v. Seattle School Dist. No. 1 (PICS), which struck down the voluntary school integration programs used in Seattle and Louisville. As Chief Justice Roberts wrote, an important “debate” in the PICS case was over “which side is more faithful to the heritage” of Brown v. Board of Education. That debate is part of what historians have called the struggle for historical memory. The politics of memory in PICS is not simply a struggle …
Juridical Subordination, Roy L. Brooks, Kelly C. Smith
Juridical Subordination, Roy L. Brooks, Kelly C. Smith
San Diego Law Review
The purpose of this Article is to play out the various conceptualizations of the black equality interest in post-civil rights America. How is the claim of juridical subordination manifested in current Supreme Court cases, and what might civil rights law look like if the Court were to avoid juridical subordination? Our ambition is not to analyze every landmark Supreme Court civil rights case—page limitations prevent us from doing that—but to provide a framework for analysis, setting the table for the juridical subordination inquiry. Furthermore, we do not here attempt to reconcile the disparate ways in which the black equality norm …
Growing Charter School Segregation And The Need For Integration In Light Of Obama’S Race To The Top Program, Brooke Finley
Growing Charter School Segregation And The Need For Integration In Light Of Obama’S Race To The Top Program, Brooke Finley
San Diego Law Review
This Article contends that increasing the number of charter schools across the United States per the Obama administration’s RTT initiative is not the answer to closing the racial and economic achievement gap, at least not without significantly more accountability and oversight. Part II describes the RTT initiative and its promotion of more charter schools. This Article suggests that advocating for charter schools may be problematic without proper supervision put in place by the government. Charter schools are privately managed schools that receive public funding, yet they are exempt from some rules that all other taxpayer-funded schools must abide by that …
The Battle Of The Branches: The Impact Of The Judiciary And Title Vi On Desegregation In The American Public School System, Kelsey D. Mccarthy
The Battle Of The Branches: The Impact Of The Judiciary And Title Vi On Desegregation In The American Public School System, Kelsey D. Mccarthy
San Diego Law Review
This Comment analyzes the debate regarding the catalyst for desegregation in the American public school system: judicial intervention or Congress’s legislative action, specifically through implementation of Title VI, which authorized revocation of funds to school districts that did not comply with the desegregation mandate. Part I will summarize the historical events and developments that paved the way to the Supreme Court’s decision in Brown. Part II looks at how the Brown decision alone was not enough to effectuate immediate change in southern schools, despite the court’s order in the second Brown decision, Brown v. Board of Education (Brown II) that …
Brown, Fisher, And The Necessity Of Context To Achieve Racial Equity In Public Institutions, Kiyana Davis Kiel
Brown, Fisher, And The Necessity Of Context To Achieve Racial Equity In Public Institutions, Kiyana Davis Kiel
San Diego Law Review
The United States Constitution is a social, as well as legal, document and should be interpreted and applied as such. Context is crucial in constitutional interpretations. The law cannot and should not exist in a vacuum. When interpreting the Constitution, the lasting and pervasive impact of structural and institutional racism and the undercurrents of white privilege should not be ignored. In other words, when interpreting the Constitution, the civil rights of non-white society members must be acknowledged and addressed. Purely literal interpretations of law must give way to both legal—precedential—and societal contexts and, in particular, racial equity in the context …
The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, Ii
The Keyes To Reclaiming The Racial History Of The Roberts Court, Tom I. Romero, Ii
Michigan Journal of Race and Law
This Article advocates for a fundamental re-understanding about the way that the history of race is understood by the current Supreme Court. Represented by the racial rights opinions of Justice John Roberts that celebrate racial progress, the Supreme Court has equivocated and rendered obsolete the historical experiences of people of color in the United States. This jurisprudence has in turn reified the notion of color-blindness, consigning racial discrimination to a distant and discredited past that has little bearing to how race and inequality is experienced today. The racial history of the Roberts Court is centrally informed by the context and …
Judging In A Vacuum, Or, Once More, Without Feeling: How Justice Scalia's Jurisprudential Approach Repeats Errors Made In Plessy V. Ferguson, Chris Edelson
Akron Law Review
James Fleming argues that “[Justice Clarence] Thomas’s concurrence in Adarand and dissent in Grutter reflect the Plessy worldview.” I argue in Part V of this article that Justice Antonin Scalia follows the Plessy approach in several of his dissenting opinions. One of this article’s goals is to explain these incongruencies—how can it be that each of these Justices believes he is true to the legacy of Brown, but is inadvertently adopting the reasoning used by the majority in Plessy? The key to resolving this paradox depends on identifying precisely how Plessy went wrong in its reasoning and how Brown corrected …
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Eviscerating The Voting Rights Act And Moral Authority: Freedom To Discriminate Comes With A Price, Patricia A. Broussard
Journal of Race, Gender, and Ethnicity
No abstract provided.
An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise
An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise
Michael Heise
No abstract provided.
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Michael Heise
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Michael Heise
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …
Assessing The Efficacy Of School Desegregation, Michael Heise
Assessing The Efficacy Of School Desegregation, Michael Heise
Michael Heise
No abstract provided.
Judicialization Of Political Conflict: Evidence Of Brown V. Board Of Education’S Effect In Newspaper Opinion, Neal Allen
Judicialization Of Political Conflict: Evidence Of Brown V. Board Of Education’S Effect In Newspaper Opinion, Neal Allen
Saint Louis University Public Law Review
No abstract provided.
The Ironies Of Affirmative Action, Kermit Roosevelt Iii
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 …
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson
All Faculty Scholarship
This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …
Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld
Turnaround In Reverse: Brown, School Improvement Grants, And The Legacy Of Educational Opportunity, Natasha M. Wilson, Robert N. Strassfeld
Cleveland State Law Review
As we reflect upon the sixtieth anniversary of Brown v. Board of Education, it is critical to not only assess policies advanced during the Obama administration that are aimed at reducing the continuing disparity for minority and economically disadvantaged students, but to also reflect upon what Secretary Duncan called the paradox of educational progress that continues to persist. Part II explores the effort to realize Brown’s promise of integration and equal educational opportunity. It describes a slow but significant history of gains, which has since been thwarted as Brown has been rendered doctrinally impotent. It then considers the relationship …
Interpretation, Jamal Greene
Interpretation, Jamal Greene
Faculty Scholarship
Interpretation is the means by which the Constitution and its clauses are brought to bear on actual cases and controversies. Although much of the Constitution appears self-explanatory, as with its requirement that the president be at least thirty-five years old, much is subject to reasonable disagreement. The approaches to interpretation that form this chapter’s subject are the main tools scholars and judges have developed to resolve that disagreement. Those tools encompass five domains of argumentation, broadly conceived: text, history, structure, precedent, and consequences. As a general matter, interpretation that draws on resources wholly outside these five domains — via an …
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
The Effects Of Intent: Do We Know How Legal Standards Work?, Theodore Eisenberg, Sheri Lynn Johnson
Sheri Lynn Johnson
No one knows how the intent standard works in racial discrimination cases, though many have speculated. To test the speculation, this study examines how the intent standard actually operates. Its findings cast doubt on whether we really know how any legal standard functions.
Continued Disparities In School Facilities: Analyzing Brown V. Board Of Education’S Singular Approach To Quality Education, Corsica D. Smith
Continued Disparities In School Facilities: Analyzing Brown V. Board Of Education’S Singular Approach To Quality Education, Corsica D. Smith
Tennessee Journal of Race, Gender, & Social Justice
No abstract provided.
Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore
Brown V. Board Of Education And National Federation Of Independent Business V. Sebelius: A Comparative Analysis Of Social Change, Brian G. Gilmore
University of Arkansas at Little Rock Law Review
No abstract provided.
Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham
Keynote Speech: A Letter From The Original Cause Lawyer, F. Michael Higginbotham
All Faculty Scholarship
This symposium speech is a short piece which talks about why there is a need for law students to become cause lawyers, the symposium being: cause lawyers and cause lawyering in the sixty years after Brown v. Board of Education. The writer creates an allegorical scene where he's snowed in in his home during a snowstorm, lightning strikes his computer, and the computer comes to life in the form a message being typed, and "channeled" to him by Thurgood Marshall. The former Justice of the Supreme Court proceeds to state the many reasons why there is still a need for …
Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin
Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin
University of Michigan Journal of Law Reform
Ultimately, I argue that one important response to the demise of race-based affirmative action should be to incorporate the experience of segregation into diversity strategies. A college applicant who has thrived despite exposure to poverty in his school or neighborhood deserves special consideration. Those blessed to come of age in poverty-free havens do not. I conclude that use of place, rather than race, in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. While I propose substituting …
Protecting The Dignity And Equality Of Children: The Importance Of Integrated Schools, Sharon E. Rush
Protecting The Dignity And Equality Of Children: The Importance Of Integrated Schools, Sharon E. Rush
Sharon E. Rush
The primary goal of this Article is to motivate equality-minded people to renew their commitment to the goal of invalidating the race myth – a belief in white superiority and black inferiority – that has plagued this country far too long. When the Supreme Court ruled in Brown that “separate is inherently unequal,” it understood that integrated schools were necessary to achieve racial equality because only by teaching children to respect each other’s dignity, is it possible to debunk the race myth. This Article suggests that “integration” is about more than ensuring that children have the opportunity to physically share …
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
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 …
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Faculty Articles
In the stories told by opinion makers and many law professors, American constitutional law is concerned with two things-individual rights and the powers of government-and it is settled by the Court, which was established by Article III of our national Constitution. In those now-familiar tales, the United States Supreme Court creates constitutional law when heroic individuals assert their fundamental rights against an overreaching state and when Congress, state legislatures, and executive agencies are called upon to justify their expert enactments to an overreaching judiciary. To settle these constitutional disputes the Court looks either to the text of the written Constitution …
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox
Constitutional Law—School Integration Reform—A Call For Desegregation Policies That Are More Than Skin Deep, Nikki L. Cox
University of Arkansas at Little Rock Law Review
No abstract provided.
Shifting Policies Of Educational Desegregation And Its Effects On The Resegregation Of The Aldine Independent School District, Tonya Elisette Juarez
Shifting Policies Of Educational Desegregation And Its Effects On The Resegregation Of The Aldine Independent School District, Tonya Elisette Juarez
Theses and Dissertations - UTB/UTPA
This study examines the desegregation process for the Aldine Independent School District located in Houston, Texas. Beginning with an analysis of the development of public education in Texas, this study observes the educational conditions for blacks and Mexican Americans prior to the end of de jure segregation. Thereafter, it assesses the impact of the Brown v. Board of Education (1954) decision that required desegregation of American public schools. I argue that the shifting policies that occurred after Brown requiring mandatory integration resulted in white flight in the school district. With the end of mandatory integration, Aldine I.S.D. reverted back to …