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Full-Text Articles in Law and Race
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
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Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Missouri V. Jenkins And The De Facto Abandonment Of Court-Enforced Desegregation, Bradley W. Joondeph
Washington Law Review
It has been forty-three years since the Supreme Court decided Brown v. Board of Education. In this Article, the author argues that the Court's recent decision, Missouri v. Jenkins, presages the end of court-enforced school desegregation. In addition, Jenkins shows that the Court is unwilling to confront its doctrinal principles in the area, preferring instead to base its decisions on relatively narrow, case-specific grounds. Jenkins therefore reveals that the Court will end this important era in our constitutional history quietly, gradually and without articulating its justifications. The author also contends that the reasons for curtailing desegregation remedies proffered …
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
In Quest Of Brown's Promise: Social Research And Social Values In School Desegregation, Wallace D. Loh
Washington Law Review
There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, …