Law Commons^™

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Requiring A True Choice In Housing Choice Voucher Programs, Kristine L. Zeabart

Indiana Law Journal

No abstract provided.

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Afro-American Studies Faculty Publication Series

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture.

The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …

The American Democratic Tradition & The Quest For Access & Equity In Higher Education: The Browns And Blues Of Social Change, Amilcar Shabazz

Amilcar Shabazz

In this lecture I revisit the meaning of the 1954 Brown v. Board of Education decision and the legal and social struggles that led to the ruling and its consequences especially in the area of higher educational opportunity. I develop the idea of the American Democratic Tradition not as a fossilized ideal but as a contested terrain. The Brown decision and the blues of social change as a protracted, continuous process of struggle is the moment I am trying to render here in this lecture. The Cornell Law Review invited me to participate in its 2004 Symposium, particularly Panel One …

Democratizing The American Dream: The Role Of A Regional Housing Legislature In The Production Of Affordable Housing, Thomas A. Brown

University of Michigan Journal of Law Reform

Economic, ethnic and racial residential segregation are ubiquitous across United States metropolitan regions. As a result, the majority of affordable housing is located in central cities or inner-ring suburbs, generally in areas of highly concentrated poverty. Outer suburbs are often exempt from providing significant housing for the economically disadvantaged regional citizens. This should not be. If housing policy in metropolitan regions were established in a democratic fashion, the give-and-take of the political process would create strong incentives for regional cooperation in the creation of affordable housing. Drawing together scholarship in the fields of local government law, administrative law, and housing …

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

Law Faculty Publications

One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

Faculty Scholarship

When Rosa Parks refused to move to a seat in the back of the bus in Montgomery, it sparked the boycott and was a critical event in the Civil Rights movement. But Mrs. Parks was the culmination of a long tradition of resistance to segregation. Many teachers, ministers, businessmen and ordinary citizens refused to accept second class treatment on the railways and waterways of Maryland between the end of the Civil War and the beginning of World War I, and took their protest to the courts. Facing hostile state courts after the Civil War, African-American plaintiffs needed to access the …

Derechos Y Honra Públicos: Louis Martinet, Plessy Contra Ferguson Y El Acceso A La Ley En Luisiana, 1888-1917, Rebecca J. Scott

Articles

Rebecca J. Scott explores the historical context of Plessy v. Ferguson to two ends. First, Scott argues that that the historical situation, including everyday legal practice, helps us understand the source of the arguments in the case. In particular, the plaintiffs based their understanding of their rights in the French revolution, the Louisiana Constitution, and their experience exercising their rights through notaries. Second, Scott argues that the plaintiffs and defendants sought to frame the case with different rights. For the plaintiffs, the issue with the Separate Car Act was "public rights" and "the dignity of citizenship." The defendants instead framed …

The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards

Michigan Law Review

Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …

Bolling Alone, Richard A. Primus

Articles

Under the doctrine of reverse incorporation, generally identified with the Supreme Court's decision in Bolling v. Sharpe, equal protection binds the federal government even though the Equal Protection Clause by its terms is addressed only to states. Since Bolling, however, the courts have almost never granted relief to litigants claiming unconstitutional racial discrimination by the federal government. Courts have periodically found unconstitutional federal discrimination on nonracial grounds such as sex and alienage, and reverse incorporation has also limited the scope of affirmative action. But in the presumed core area of preventing federal discrimination against racial minorities, Boiling has virtually no …

"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak

Fordham Urban Law Journal

This Article discusses the 1931 decision of the Austrian Constitutional Court in which it was held that rules promulgated by the University of Vienna, which aimed to separate the student body into four ethnically-defined nations, were invalid. The Article notes the striking similarities of the case to Brown v. Board of Education and other American equal protection education cases. In examining the decision the article states that in declining to uphold an equivalent to the 'separate but equal' doctrine, the Austrian justices did for Austrian law what Plessy had failed to do for US law thirty five years before. The …

The Conception Of Brown, Robert L. Carter

Fordham Urban Law Journal

This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …

The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones

Fordham Urban Law Journal

This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …

Austria's Pre-War Brown V. Board Of Education, Maria L. Marcus

Fordham Urban Law Journal

This article discusses the Austrian Constitutional Court's 1931 decision in which it held that the University of Vienna's regulations dividing students into ethnically based groups was unconstitutional. The article compares the similarities and differences between this case and later critical American equal opportunity cases including Brown v. Board of Education and suggests that an understanding of the current racial challenges is most effective by examining both global and American perspectives. This article explores the balance between maintaining universities autonomy and ensuring that racism does not foster in an institution free from judicial intervention. In discussing two cases, this article points …

Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams

Faculty Articles and Other Publications

As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.

History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …

To Be Brown In Brazil: Education And Segregation Latin American Style Colloquium - Relearning Brown: Applying The Lessons Of Brown To The Challenges Of The Twenty-First Century, Tanya K. Hernandez

Faculty Scholarship

As a scholar who studies civil rights movements from a comparative perspective, the commemoration of the fiftieth anniversary of the Brown v. Board of Education1 decision causes me to query the power of Brown as a symbol of equality outside of the United States. Because there is a larger community of African descendants living in Latin America and the Caribbean than there is in the United States, examining the role of Brown in Latin America and the Caribbean is particularly worthwhile. Furthermore, focusing on the Latin American and Caribbean contexts is also relevant due to the significant influence of the …

The Turner Thesis, Black Migration, And The (Misapplied) Immigrant Explanation Of Black Poverty, John Valery White

Scholarly Works

Underlying most debates of racial inequality is the tacit reference to the Immigrant Tale, a story of “natural” class ascension of immigrant groups in the “land of opportunity.” This tale is affirming, celebrating the assimilation of ethnic immigrants in the American “melting pot.” It is also optimistic, implying social integration and economic parity of currently dissipated immigrant communities. “Its thrust is to defend the individualistic view of the American system because it portrays the system as open to those who are willing to work hard and pull themselves over barriers of poverty and discrimination.”

But there is an unsavory element …

The "Inexorable Zero", Bert I. Huang

Faculty Scholarship

[F]ine tuning of the statistics could not have obscured the glaring absence of minority [long-distance] drivers .... [T]he company's inability to rebut the inference of discrimination came not from a misuse of statistics but from "the inexorable zero."

The Supreme Court first uttered the phrase "inexorable zero" a quarter-century ago in International Brotherhood of Teamsters v. United States, a landmark Title VII case. Ever since, this enigmatic name for a rule of inference has echoed across legal argument about segregation, discrimination, and affirmative action. Justice O'Connor, for instance, cited the "inexorable zero" in a major sex discrimination decision upholding an …

Comparing Remedies For School Desegregation And Employment Discrimination.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer