Education Law Commons^™

Stepping Through Grutter'S Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen L. Norton

Faculty Scholarship

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling -- specifically, a public law school’s interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well. The switch to instrumental justifications for affirmative action appears a strategic response to the Court’s narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning whether …

Louisiana Appellate Practice & Procedure: An Overview For Legal Practicioners, Jonathan C. Augustine

Jonathan C. Augustine

Appellate practice and procedure is a specialized field. In several ways, the written and oral advocacy skills essential for success in appellate practice are very different from those used by trial court practitioners. This Article’s was written to highlight some of those differences and to recommend strategies for success in appellate practice. This Article, written by a seasoned appellate advocate and former Louisiana Supreme Court law clerk, provides a practical perspective on keys to successful appellate advocacy, using the governing rules and procedures of Louisiana’s judicial system as case study. In addition to detailing the various standards of review under …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu

ExpressO

Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.

To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda

North Carolina Central Law Review

No abstract provided.

Brown V. Board Of Education In West Virginia, Nelson R. Bickley

West Virginia Law Review

No abstract provided.

Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"

West Virginia Law Review

No abstract provided.

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …

Confusing Means With Ends: How The Ninth Circuit Continues The Tradition Of Mistaking Diversity As An End In Parents Involved In Community Schools V. Seattle School District, No. 1, Maria Funk Miles

Brigham Young University Education and Law Journal

No abstract provided.

Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins

Brigham Young University Education and Law Journal

No abstract provided.

Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington

Mercer Law Review

The genesis of this Article was originally conceived as a letter to a journalist in response to an article I had read in the Detroit News titled, "Judge Damon Keith, governor hosts fund raiser on Saturday." I also heard about this event while listening to National Public Radio that same day, and I planned on attending because Judge Keith is a great man and a great civil rights champion. I have always wanted to meet this Titan in person, however, after further reflection, I decided not to attend this event on principle. The occasion was in part a fundraiser for …

Resegregation In Public Education, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield

NYLS Law Review

No abstract provided.

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.

Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura

NYLS Law Review

No abstract provided.

In The Wake Of Gratz V. Bollinger: Standing On Thin Ice, 38 J. Marshall L. Rev. 1037 (2005), Zubaida Qazi

UIC Law Review

No abstract provided.

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.

Lawrence's Quintessential Millian Moment And Its Impact On The Doctrine Of Unconstitutional Conditions, Paul M. Secunda

Villanova Law Review

No abstract provided.

Back To Bakke: Defining The Strict Scrutiny Test For Affirmative Action Policies Aimed At Achieving Diversity In The Classroom, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This Article will identify the new strict scrutiny test, and will consider the reason for creating a separate definition of strict scrutiny for evaluating affirmative action policies that achieve diversity in the classroom. Part II of the Article will review constitutional challenges to affirmative action policies prior to Grutter and Gratz, and will discuss the split in the circuits that resulted from the Court's failure to endorse Justice Powell's definition of a compelling governmental interest in Bakke. Part III will provide an analysis of the Grutter and Gratz decisions, with a particular focus on each Court's discussion of the strict …

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Publications

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

Beyond Breimhorst: Appropriate Accommodation Of Students With Learning Disabilities On The Sat, Nancy Leong

Faculty Publications

No abstract provided.

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …