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Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates
Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates
Vanderbilt Law Review
Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …
The Rhetoric Of Equality, Neal Devins
The Rhetoric Of Equality, Neal Devins
Vanderbilt Law Review
The affirmative action debate appears intractable. On one side, those employing the "rhetoric of innocence" use contemporaneous findings of actual discrimination as the gauge that defines victim status. This rhetoric proclaims affirmative action plans that define eligibility by group status, rather than by individualized proof of victim status, both harmful to innocent whites and beneficial to undeserving minorities. In sharp contrast, those employing the "rhetoric of guilt"' contend that "unconscious racism' makes it impossible for whites to treat minorities as equals. Under this view, "[b]ecause racial discrimination is part of the cultural structure, each person of color is subject to …