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Full-Text Articles in Law
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Michigan Law Review
In Milliken v. Bradley, the Supreme Court declared “local control” the single most important tradition of public education. Milliken and other related cases developed this notion of a tradition, which has frustrated attempts to achieve equitable school funding and desegregation through federal courts. However, despite its significant impact on American education, most scholars have treated the “tradition of local control” as doctrinally insignificant. These scholars depict the tradition either as a policy preference with no formal legal meaning or as one principle among many that courts may use to determine equitable remedies. This Note argues that the Supreme Court …
The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff
The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Edited By Richard D. Kahlenberg (Century Foundation 2012), 397 Pages, Eloise Pasachoff
University of Michigan Journal of Law Reform Caveat
The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …
A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis
A Narrow Path To Diversity: The Constitutionality Of Rezoning Plans And Strategic Site Selection Of Schools After Parents Involved, Steven T. Collis
Michigan Law Review
Justice Kennedy's concurrence in Parents Involved in Community Schools v. Seattle School District Number 1 raised an important and timely constitutional issue: whether the Constitution permits K-12 public school districts not under existing desegregation orders to use site selection of new schools or rezoning plans to achieve racial diversity. Numerous scholars and journalists have interpreted Justice Kennedy's concurrence as explicitly answering the question in the affirmative. This Note argues that the opposite is true. Justice Kennedy's past jurisprudence, as well as his language in Parents Involved, favors the use of strict scrutiny. Indeed, in Parents Involved, Justice Kennedy …
A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson
A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson
The Scholar: St. Mary's Law Review on Race and Social Justice
While Brown v. Board of Education sought to integrate the public school system, fifty years later many public schools remain racially identifiable. African American and Latino students attend schools which are overwhelmingly comprised of minorities. Some racially isolated schools even experienced a rise in their minority student population after the decision in Brown. While the decision narrowed racial disparities in schools, such disparities remain distressing. Data shows a large disparity in the number of higher educational degrees earned by African American and White individuals. Additionally, wage earnings of African Americans are significantly smaller compared to White wage earnings. Educational outcomes …
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Michigan Law Review
Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
West Virginia Law Review
No abstract provided.
Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"
West Virginia Law Review
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Washington and Lee Law Review
No abstract provided.
A Second Redemption?, Bradley W. Joondeph
A Second Redemption?, Bradley W. Joondeph
Washington and Lee Law Review
No abstract provided.
John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson
John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson
Washington and Lee Law Review
No abstract provided.
The Supreme Court's Latest Rendition Of Equality In Education: Examining The Traditional Components Of Success In Missouri V. Jenkins, Jordan A. Lavine
The Supreme Court's Latest Rendition Of Equality In Education: Examining The Traditional Components Of Success In Missouri V. Jenkins, Jordan A. Lavine
Villanova Law Review
No abstract provided.
A Former Governor's Reflections On Massive Resistance In Virginia, Linwood Holton
A Former Governor's Reflections On Massive Resistance In Virginia, Linwood Holton
Washington and Lee Law Review
No abstract provided.
A Judge Remembers Richmond In The Post-Brown Years, Robert R. Merhige, Jr.
A Judge Remembers Richmond In The Post-Brown Years, Robert R. Merhige, Jr.
Washington and Lee Law Review
No abstract provided.
Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver
Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver
Washington and Lee Law Review
No abstract provided.