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Articles 1 - 18 of 18
Full-Text Articles in Education Law
The Uncertain Future Of School Desegregation And The Importance Of Goodwill, Good Sense, And A Misguided Decision, Derek W. Black
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 …
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
The Availability And Viability Of Socioeconomic Integration Post-Parents Involved, Eboni S. Nelson
Faculty Publications
No abstract provided.
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson
Introduction: Umkc Sports Law Symposium: Emerging Legal Issues Affection Amateur & Professional Sports, Kenneth D. Ferguson
Faculty Works
Introduction to the 2007 University of Missouri-Kansas City Law School’s inaugural Sports Law Symposium. The symposium created a forum that contributed to developing intellectual synergies among national sports law scholars, practicing sports law attorneys, athletic directors, coaches, sports industry professionals, and, importantly, student-athletes. The engagements created revolved around the theme of emerging legal issues affecting amateur and professional sports. The symposium featured scholarly presentations in the amateur and professional sports areas. Scholarly inquiry focused on a range of topics, from the economic and legal issues affecting the coaching profession to balancing gender and minority gender equity under Title IX. The …
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Verna L. Williams
Faculty Articles and Other Publications
This article examines how race and educational equity issues shape women's sports experiences.
Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein
The Need For Equal Opportunity And A Right To Quality Education, Stephen Wermiel, Paul Wockstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda
Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda
Journal Articles
Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
The Invisible Pregnant Athlete And The Promise Of Title Ix, Deborah Brake
Articles
The question of how law should respond to women who become pregnant, and whether to specially accommodate pregnancy or analogize it to other conditions, features prominently in virtually every area of sex equality law. In debates over women's equality in the workplace, for example, it has been the defining issue for the development of and debate over various models of equality in feminist legal theory. Until recently, however, the issue has been all but absent in debates and discussion about Title IX and its promise of sex equality in sports. This changed suddenly in 2007, when ESPN televised a program …
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams
The Heart Of The Game: Putting Race And Educational Equity At The Center Of Title Ix, Deborah L. Brake, Verna L. Williams
Articles
This article examines how race and educational equity issues shape women's sports experiences, building upon the narrative of Darnellia Russell, a high school basketball player profiled in the documentary The Heart of the Game. Darnellia is a star player who, because of an unintended pregnancy, has to fight to play the game she loves.
This girl's story provides a unique and underutilized lens through which to examine gender and athletics, as well as evaluate the legal framework for gender equality in sport. In focusing on this narrative, we seek to give voice to black female athletes and to express their …
Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer
Failing Students Or Failing Schools?: Holding States Accountable For The High School Dropout Crisis, Deborah N. Archer
Articles & Chapters
No abstract provided.
Race-Conscious Student Assignment Plans After Parents Involved: Bringing State Action Principles To Bear On The De Jure/De Facto Distinction, Michael Wells
Scholarly Works
In Parents Involved in Community Schools v. Seattle School District No. 1, a sharply divided Supreme Court struck down two race-conscious school assignment plans aimed at achieving greater racial integration of the public schools. Taking Parents Involved as a starting point, this Article looks ahead to the future of litigation over student assignment plans. By striking down the Seattle and Louisville plans, the decision may "require hundreds of school districts to rethink race-based policies that they use voluntarily to desegregate schools." At the very least, the 5-4 ruling almost certainly did not put an end to race-conscious integration plans or …
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 …
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.
Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield
Don't Count Them Out Just Yet: Toward The Plausible Use Of Race-Preference Student Assignment Plans, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
Contrary to conventional wisdom, the Supreme Court's recent decision in Parents Involved in Community Schools v. Seattle School District No. 11 could serve to broaden the permissible use of race beyond the boundaries presently permitted by the Court. In this highly fractionalized decision, five justices ultimately agreed that the race-based student assignment plans before their review could not withstand judicial scrutiny. One of these justices, Justice Kennedy, agreed with the plurality's conclusion, but rejected the plurality's assessment that it is never permissible to use race-preference student assignment plans absent evidence of de jure segregation. His concurrence, when read together with …
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% …
Disintegration, Girardeau A. Spann
Disintegration, Girardeau A. Spann
Georgetown Law Faculty Publications and Other Works
The silver lining behind the Supreme Court's decision to disintegrate the Seattle and Louisville public schools is that the decision also runs the risk of disintegrating judicial review. Parents Involved in Community Schools v. Seattle School District No. 1 holds that the Constitution bars voluntary, race-conscious efforts by two local school boards to retain the racial integration that they worked so hard to achieve after Brown. In so holding, the Court curiously reads the Equal Protection Clause as preventing the use of race to pursue actual equality, and instead insists on a type of formal "equality" that has historically …