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Full-Text Articles in Law and Race
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
Michigan Journal of Race and Law
In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …
(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman
(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman
Michigan Journal of Race and Law
In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational …
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Without Color Of Law: The Losing Race Against Colorblindness In Michigan, Khaled Ali Beydoun
Michigan Journal of Race and Law
This Essay examines affirmative action, while discussing its fall in California, Washington State, and ultimately Michigan.
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Michigan Journal of Race and Law
This Article examines whether conservative critics are correct in their assertion that the Kansas City, Missouri School District (KCMSD) desegregation plan clearly establishes that no correlation exists between funding and academic outcomes. The first section provides a summary of public education in KCMSD prior to 1977, the beginning of the Missouri v. Jenkins school desegregation litigation. The second and third sections analyze whether the Jenkins desegregation and concurrent school finance litigation (Committee for Educational Equality v. State) addressed these problems. The fourth section provides an overview of school finance litigation and explains how KCMSD desegregation plan has been …
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
Michigan Journal of Race and Law
This Article combines analysis of case law at state and federal levels as well as federal educational policy in an effort to formulate a framework for addressing educational inequalities, of which the achievement gap is only one result. As individual rights concepts control the discourse of equal educational opportunity, community injury continues to be ignored. Because educational policy aimed at ending educational inequities is governed by equal protection analysis and guided by court decisions, limitations in legal opinions drive such policies. The lack of attention to community harm in law and educational policy limits the ability of education legal reforms …
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Michigan Journal of Race and Law
This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
Michigan Journal of Race and Law
The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Michigan Journal of Race and Law
Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and …
Conscious Use Of Race As A Voluntary Means To Educational Ends In Elementary And Secondary Education: A Legal Argument Derived From Recent Judicial Decisions, Julie F. Mead
Michigan Journal of Race and Law
This paper provides an in-depth examination of the ten recent court decisions concerning race-based student selection processes. As these cases will illustrate, school districts face increasing demands to justify any race-conscious selection process. The significance of meeting the demands and the implications for what appears to be an evolving legal theory is national in scope and broad in application. Some have even argued that some of these cases mark a departure away from the Court's thinking in Brown v. the Board of Education. It should also be noted that each of the cases mentioned above occurred in the context …