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Michigan Law Review

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Full-Text Articles in Law and Race

When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia May 1987

When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia

Michigan Law Review

A Review of Swann's Way: The School Busing Case and the Supreme Court by Bernard Schwartz


Black English And Equal Educational Opportunity, Michigan Law Review Dec 1980

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …


Segregation In Public Education: The Decline Of Plessy V. Ferguson, Paul G. Kauper Jun 1954

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 …