Open Access. Powered by Scholars. Published by Universities.®

Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 13 of 13

Full-Text Articles in Legal History

Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla Nov 2004

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser May 2004

What's A Judge To Do? Remedying The Remedy In Institutional Reform Litigation, Susan Poser

Michigan Law Review

Democracy by Decree is the latest contribution to a scholarly literature, now nearly thirty-years old, which questions whether judges have the legitimacy and the capacity to oversee the remedial phase of institutional reform litigation. Previous contributors to this literature have come out on one side or the other of the legitimacy and capacity debate. Abram Chayes, Owen Fiss, and more recently, Malcolm Feeley and Edward Rubin, have all argued that the proper role of judges is to remedy rights violations and that judges possess the legitimate institutional authority to order structural injunctions. Lon Fuller, Donald Horowitz, William Fletcher, and Gerald …


Reflections On Brown, Paul D. Carrington Apr 2004

Reflections On Brown, Paul D. Carrington

The Journal of Appellate Practice and Process

No abstract provided.


Introduction: Brown In The Supreme Court, Dennis J. Hutchinson Apr 2004

Introduction: Brown In The Supreme Court, Dennis J. Hutchinson

The Journal of Appellate Practice and Process

No abstract provided.


Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin Apr 2004

Back To Basics: Returning To The Matter Of Black Inferiority And White Supremacy In The Post-Brown Era, Regina Austin

The Journal of Appellate Practice and Process

No abstract provided.


Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet Apr 2004

Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet

The Journal of Appellate Practice and Process

No abstract provided.


Enforcing Brown In The Little Rock Crisis, Tony A. Freyer Apr 2004

Enforcing Brown In The Little Rock Crisis, Tony A. Freyer

The Journal of Appellate Practice and Process

No abstract provided.


Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson Apr 2004

Voices Of The Brown Generation: Description Of A Project, Mildred Wigfall Robinson

The Journal of Appellate Practice and Process

No abstract provided.


A Time To Lose, D. P. Marshall Jr. Apr 2004

A Time To Lose, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


Symposium Discussion Apr 2004

Symposium Discussion

The Journal of Appellate Practice and Process

No abstract provided.


Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson Apr 2004

Speech On Brown V. Board Of Education, May 1, 1981, Paul E. Wilson

The Journal of Appellate Practice and Process

No abstract provided.


The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards Jan 2004

The Journey From Brown V. Board Of Education To Grutter V. Bollinger: From Racial Assimilation To Diversity, Harry T. Edwards

Michigan Law Review

Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: "Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other 'tangible' factors may be equal, deprive the children of the minority group of equal educational opportunities?" The Court's answer was precise and straightforward: "We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs ... are, by reason of the segregation complained of, …