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- School segregation (6)
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Articles 1 - 30 of 65
Full-Text Articles in Law
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown
Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown
Articles by Maurer Faculty
INTRODUCTION ...............................................................................................2
I.RISE AND FALL OF SCHOOL DESEGREGATION.........................................7
A.The Rise of School Desegregation ............................................................... 7
B.The Fall of School Desegregation................................................................ 11
II. CHANGING RACIAL ANCESTRY OF BLACKS IN THE UNITED STATES AND WHY IT MATTERS IN TERMS OF SCHOOL DESEGREGATION...................16
A. Increases in Interracial Marriage Rates ...................................................... 18
B. Demise of the One-Drop Rule and the Recognition of Black Multiracials .. 21
C. Impact of Increasing Numbers of Black Multiracials ................................... 24
III. CHANGING ETHNIC ANCESTRY OF BLACKS ........................................ 28
CONCLUSION: IMPACT OF THE CHANGING RACIAL AND ETHNIC ANCESTRY OF BLACKS ON HOW TO THINK ABOUT SCHOOL DESEGREGATION ..........31
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown
Articles by Maurer Faculty
Since the origin of affirmative action, selective higher education institutions' have generally lumped all blacks into a unified Black/ African/African American category. However, this practice of treating all blacks alike has now changed. The Department of Education ("DOE") issued the Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the United States Department of Education ("Guidance") in October 2007, which had a final implementation date for the reporting school year of 2010-2011. The Guidance marked the first time that the federal government dictated the procedures that educational institutions, including selective higher education programs, must follow when collecting …
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Articles by Maurer Faculty
Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Articles by Maurer Faculty
This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.
Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown
Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown
Articles by Maurer Faculty
American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.
In light of this …
Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes
African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes
Articles by Maurer Faculty
No abstract provided.
Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown
Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown
Articles by Maurer Faculty
The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve …
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Symposium: Race Across Boundaries: Introduction, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell
Articles by Maurer Faculty
Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change …
Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati
Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati
Articles by Maurer Faculty
In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …
The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown
The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown
Articles by Maurer Faculty
The expansion of school choice in elementary and secondary education, particularly in urban areas, is one of largest current educational reform movements sweeping the nation. This is true despite the fact that it is still too early for a consensus to develop about the educational benefits of increased choice. 1 Society always precedes schooling. Thus, major educational reforms pass in and out of favor depending on social conditions and how prevailing patterns of understanding interpret those conditions.2 Among the most significant social developments influencing educational reforms are legal decisions. Since the Supreme Court is the final authority on constitutional law, …
The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown
The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown
The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown
The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown
Articles by Maurer Faculty
Justice O'Connor’s opinion for the United States Supreme Court in Grutter v. Bollinger upheld the University of Michigan Law School’s affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative action articulated by Justice O'Connor implicitly recognized that underrepresented minorities with a history of discrimination are not as academically qualified as their non-Hispanic white (and Asian counterparts). Their inclusion in affirmative action plans is based on the belief that they provide enough educational and non-educational benefits to offset their academic shortcomings.
There are measurable …
After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles
Articles by Maurer Faculty
No abstract provided.
Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown
Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson
Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson
Articles by Maurer Faculty
In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber
Articles by Maurer Faculty
This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.