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Full-Text Articles in Law and Race
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
(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 …
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 …
From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review
From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review
Michigan Law Review
A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper
Michigan Law Review
In the landmark case of Plessy v. Ferguson decided in 1896, the Supreme Court of the United States gave its sanction to the "separate but equal" doctrine in the interpretation of the equal protection clause of the Fourteenth Amendment. More particularly, the Court held that a state statute requiring racial segregation in railway service did not result in a denial of the equal protection of the laws. This decision did not go unchallenged. Kentucky-born Justice John Harlan remonstrated in a dissenting opinion of extraordinary force. Crying out like a lone voice in the wilderness he predicted that the judgment declared …
The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier
The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier
Michigan Law Review
Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …
Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.
Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.
Michigan Law Review
Segregation of races, particularly separation of white and colored races, has long been condoned by American courts as permissible under the Fourteenth Amendment to the Constitution of the United States. Underlying the traditional view is the idea that the equal protection clause is not violated by segregation so long as equal facilities are provided for both races. On this basic premise a large number of jurisdictions, particularly the southern states, have predicated constitutional provisions and statutory enactments compelling racial segregation, while a number of other states where segregation has not been forbidden by express constitutional or statutory provision have achieved …