Law Commons^™

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

Justice Delayed: Government Officials' Authority To Wind Down Constitutional Violations, Neil H. Buchanan, Michael C. Dorf

UF Law Faculty Publications

Upon finding that a government program is unconstitutional, courts in the United States sometimes allow executive officials a grace period to wind it down rather than insisting on its immediate cessation. Courts likewise occasionally afford a legislature a grace period to repeal an unconstitutional law. Yet no one has even attempted to explain the source of authority for allowing ongoing constitutional violations or to prescribe the limits on permissible compliance delays. Until now.

Judicial toleration of a continuing constitutional violation can be conceptualized as an exercise of the equitable discretion to withhold injunctive relief, but that rationale does not justify …

Race And Regulation Podcast Episode 3 - Redlined Forever?, Jessica Trounstine

Penn Program on Regulation Podcasts

Racial segregation in American cities is no accident. Building on research from her award-winning book, Segregation by Design, political scientist Jessica Trounstine of UC Merced examines how local land use regulations aimed at protecting the property values of white homeowners have generated segregation across racial and class lines that persists today—and how that segregation brings serious inequities in access to quality schools and public amenities. But just as segregation resulted from policy choices, Trounstine shows how desegregation can be a purposeful choice, too, with the right regulatory decisions.

The Long Shadow Of United States V. Rosenberg: A Biographical Perspective On The Hon. Irving Robert Kaufman, Rodger D. Citron

Scholarly Works

No abstract provided.

Nine Ways Of Looking At Oklahoma City: An Essay On Sam Anderson’S Boom Town, Rodger D. Citron

Scholarly Works

No abstract provided.

Strategies For Equitable Access: Identifying Benefits And Strategies For Creating Integrated Public Schools, Annotated Examples Of Current School District Enrollment Practices, And Resources For Further Exploration, Lisa A. Gooden

Faculty Works

Prepared for the Equity Oriented Strategic Planning Committee for Kansas City Public Schools. Includes a summary of the benefits of integrated schools, strategies for creating equitable schools, annotated examples of current practices employed by public school districts in the United States to foster equitable access to education, and list of links to additional resources for further reading.

Equality Opportunity And The Schoolhouse Gate, Derek Black, Michelle Adams

Faculty Publications

Public schools have generated some of the most far-reaching cases to come before the Supreme Court. They have involved nearly every major civil right and liberty found in the Bill of Rights. The cases are often reflections of larger societal ills and anxieties, from segregation and immigration to religion and civil discourse over war. In that respect, they go to the core of the nation’s values. Yet constitutional law scholars have largely ignored education law as a distinct area of study and importance.

Justin Driver’s book cures that shortcoming, offering a three-dimensional view of how the Court’s education law jurisprudence …

[Dis]Integration: Second-Order Diversity And Schools, Anders Walker

All Faculty Scholarship

This article challenges the prevailing definition of diversity in schools. Borrowing from legal theorist Heather Gerken, it argues that diversity is best understood not simply as a rationale for creating integrated spaces, but also [dis]integrated ones, places where minority students and faculty can occupy majority positions, and are able to exercise majority control. Such spaces serve legitimate pedagogical goals that are different from those associated with statistical integration, and therefore warrant consideration by courts tasked with reviewing the use of race in university admissions.

Beyond The Borders Of The Law: Critical Legal Histories Of The North American West (Book Review), Michael S. Ariens

Faculty Articles

No abstract provided.

“You Can't Afford To Flinch In The Face Of Duty”: Judge William Augustus Bootle And The Desegregation Of The University Of Georgia, Patrick Emery Longan

Articles

On January 6, 1961, United States District Judge William Augustus Bootle granted a permanent injunction that required the University of Georgia to admit its first two black students, Hamilton E. Holmes and Charlayne A. Hunter. The backlash began immediately. Newspaper editorials condemned the decision. The Governor of Georgia threatened to close the University. Students rioted. A man escaped from an insane asylum, armed himself and went looking for Charlayne Hunter at her dormitory. Judge Bootle received numerous critical letters, including some that were threatening. Yet Judge Bootle’s attitude was that he did no more than what his position as a …

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

Faculty Articles

All of Texas was once part of Mexico. Texas has never forgotten it. This is the historical basis for much of the Texas Latino population's struggle for equal educational opportunities. This article will discuss those struggles endured by the Latino population in their quest for equal educational opportunity from the time of Texas's entry into the Union in 1845 to present-with greater emphasis on the last half century. In each Section, I will briefly describe the history of discrimination against Mexican- Americans in that segment of education history and the relationship between the developments in that segment of education history …

School Desegregation 2.0: What Is Required To Finally Integrate America's Public Schools, Jim Hilbert

Faculty Scholarship

More than ten years have passed since the United States Supreme Court last addressed school desegregation. In its abbreviated tenure in the decades following Brown v. Board of Education, school desegregation was successful in many respects. Longstanding policies of state-sponsored educational apartheid eventually ended. A great many school buildings became more diverse. Countless students of color gained access to improved academic opportunities and better life outcomes. A consensus formed around the positive impacts that desegregation could have on both students of color and white students. When courts retreated from upholding desegregation policies, many communities developed their own voluntary plans, some …

The Constitution, Desegregation, And Public Opinion: Swan V. Charlotte-Mechlenburg Board Of Education, James L. Hunt

Articles

The first three words of the preamble to the Constitution are "We the People." Yet the vast majority of constitutional scholarship is limited to the opinions of judges, lawyers, law professors, and other political and economic elites. This article takes a different approach to constitutional understanding. It describes the legal thoughts of the citizens for whom the Constitution exists. It does so through an analysis of the public's reaction to the federal court decisions in Swann v. Charlotte-Mecklenburg Board of Education, a desegregation case. The lead attorney for the Swann plaintiffs was Julius LeVonne Chambers, an alumnus and future …

A Lawyer Looks At Civil Disobedience: How Lewis F. Powell, Jr. Reframed The Civil Rights Revolution, Anders Walker

All Faculty Scholarship

This essay reconstructs Lewis F. Powell, Jr.’s thoughts on the civil rights movement by focusing on a series of little-known speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King, Jr. Convinced that the law had done all it could for blacks, Powell took issue with King’s Letter from Birmingham Jail, impugning its invocation of civil disobedience and rejecting its calls for compensatory justice to make up for slavery and Jim Crow. Dismissive of reparations, Powell developed a separate basis for supporting diversity that hinged on distinguishing American pluralism from Soviet totalitarianism. …

Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran

Faculty Scholarship

The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.

The courts had to decide whether Latinos would count as …

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …

A New Era For Desegregation, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …

A Horrible Fascination: Segregation, Obscenity, & The Cultural Contingency Of Rights, Anders Walker

All Faculty Scholarship

Building on current interest in the regulation of child pornography, this article goes back to the 1950s, recovering a lost history of how southern segregationists used the battle against obscenity to counter the Supreme Court’s ruling in Brown v. Board of Education. Itself focused on the psychological development of children, Brown sparked a discursive backlash in the South focused on claims that the races possessed different cultures and that white children would be harmed joined a larger, regional campaign, a constitutional guerilla war mounted by moderates and extremists alike that swept onto cultural, First Amendment terrain even as the frontal …

Accounting For Historical Forces In The Effort To Align Law With Science, Derek W. Black

Faculty Publications

No abstract provided.

After Unitary Status: Examining Voluntary Integration Strategies For Southern School Districts, Danielle R. Holley-Walker

Faculty Publications

This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race-conscious remedies to address previous de jure racial segregation. Without those court orders, the school district is faced with a choice about whether to continue to make racial integration a priority and …

Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson

Law Faculty Publications

The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …

Education And Minorities In The Modern Era: Working Civil Rights Into Practice, Policy And Procedure, Albert H. Kauffman

Faculty Articles

Protecting, asserting, and guaranteeing the education rights of minority students will become even more important in the future. Different education civil rights have, in general, gone through four phases: (1) identification and recognition of the right; (2) strong legislative, judicial, and administrative enforcement of the right; (3) developed opposition to the right and judicial, legislative, and administrative inattention or opposition to dilute or ignore the right; and (4) changes in power and enforcement of the right depending on the approach of the courts and administrative agencies.

These phases relate to school finance, Limited English Proficient (“LEP”) student instruction, accent discrimination, …

Protecting The Dignity And Equality Of Children: The Importance Of Integrated Schools, Sharon E. Rush

UF Law Faculty Publications

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 …

Interview With Dale Bumpers By Brien Williams, Dale L. Bumpers

George J. Mitchell Oral History Project

Biographical Note
Dale L. Bumpers was born on August 12, 1925, in Charleston, Arkansas. He attended the University of Arkansas, and during World War II he served in the U.S. Marine Corps. After being discharged, he attended Northwestern University Law School in Evanston, Illinois, where he received his law degree in 1951. He then returned to Charleston, Arkansas, where he began practicing law the following year. He ran for the state House in 1962 but lost. In 1970, he made a successful run for governor of Arkansas. He was elected to the U.S. States Senate in 1974, where he served …

The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker

All Faculty Scholarship

Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till's murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court's 1954 ruling in Brown v. Board of Education, Till's death convinced Mississippi Governor James P. Coleman that certain aspects of the state's handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in …

Desegregation Law And Jurisprudence, Wendy B. Scott

Journal Articles

My Essay provides context for the articles that query the contemporary relevance of integration. Part I addresses the challenge of understanding desegregation and its relationship to integration. Part II explores the equality rationales offered by courts and scholars to support or reject integration as the most viable method for achieving desegregation. The Essay concludes that we should move beyond substantive equality to anti-subordination strategies targeted at the deeply entrenched structural inequalities that marginalize children in poor or racially-isolated schools.

Examining Costs Of Diversity, Eboni S. Nelson

Faculty Publications

Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No. ] and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and continue their pursuit of racially diverse student bodies. This Article questions the wisdom of such a pursuit and urges school officials to pursue measures other than racial diversity to provide equal educational opportunities to minority students.

The Article begins with a discussion of the social, democratic, and educational benefits commonly …

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 …

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

Afro-American Studies Faculty Publication Series

No abstract provided.