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Articles 1 - 4 of 4
Full-Text Articles in Law
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.
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
"The Prejudice Of Caste": The Misreading Of Justice Harlan And The Ascendency Of Anticlassificaiton, Scott Grinsell
Michigan Journal of Race and Law
This Article reconsiders the familiar reading of Justice Harlan's dissent in Plessy v. Ferguson as standing for the principle of constitutional colorblindness by examining the significance of Harlan's use of the metaphor "caste" in the opinion. By overlooking Harlan's invocation of "caste," it argues that conservative proponents of anticlassification have reclaimed the opinion for "colorblindness," and buried a powerful statement of the antisubordination principle that is at the heart of our equality law. The Article begins by examining the emergence of a reading of the opinion as articulating a view of equality law based in anticlassification. The Article then returns …
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Law Faculty Publications
The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …
Protecting The Dignity And Equality Of Children: The Importance Of Integrated Schools, Sharon E. Rush
Protecting The Dignity And Equality Of Children: The Importance Of Integrated Schools, Sharon E. Rush
UF Law Faculty Publications
The primary goal of this Article is to motivate equality-minded people to renew their commitment to the goal of invalidating the race myth – a belief in white superiority and black inferiority – that has plagued this country far too long. When the Supreme Court ruled in Brown that “separate is inherently unequal,” it understood that integrated schools were necessary to achieve racial equality because only by teaching children to respect each other’s dignity, is it possible to debunk the race myth. This Article suggests that “integration” is about more than ensuring that children have the opportunity to physically share …