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Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas
Reading Charles Black Writing: "The Lawfulness Of The Segregation Decisions" Revisited, Kendall Thomas
Faculty Scholarship
The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s "The Lawfulness of the Segregation Decisions." Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race and law in the United States. Black's short but searing defense of Brown introduced ideas and arguments about race, about law, and about the law of race that transformed the field. I can think of no better way to celebrate this inaugural issue of the Columbia …
Framing Affirmative Action, Kimberlé W. Crenshaw
Framing Affirmative Action, Kimberlé W. Crenshaw
Faculty Scholarship
With the passage of the Michigan Civil Rights Initiative ("MCRI"), Michigan joins California and Washington to constitute the new postaffirmative action frontier. For proponents such as Ward Connerly, affirmative action is on the edge of extinction. Connerly plans to carry his campaign against what he calls "racial preferences" to eight states in 2008, scoring a decisive Super-Tuesday repudiation of a social policy that he portrays as the contemporary face of racial discrimination.
On the other side of the issue, proponents of affirmative action are struggling to regroup, fearful that the confluence of lukewarm support among Democratic allies, messy presidential politics …
Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman
Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman
Faculty Scholarship
School desegregation is not dead. It lives quietly in what used to be the Confederate South. Notwithstanding the Reagan and Bush Administrations' ten-year campaign to limit the legal, remedial, and temporal scope of court-ordered integration plans throughout the nation, desegregation persists in southern rural areas where substantial numbers of black Americans continue to reside and in southern urban areas where school districts were organized in 1970 to encompass not only the inner city but also the suburbs. By many accounts, moreover, desegregation is an effective and accepted – one may even say respected – member of the family of social …
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Implementing Brown In The Nineties: Political Reconstruction, Liberal Recollection, And Litigatively Enforced Legislative Reform, James S. Liebman
Faculty Scholarship
Opposed for a decade by a hostile national administration, faced with the prospect for decades to come of an unsympathetic federal judiciary, and amidst declarations of the Second Reconstruction's demise, civil rights organizations have undertaken recently to rethink their litigation agendas. I have two motivations for offering some thoughts in support of that task. First, the civil rights community has requested the assistance of the academy in reshaping the community's litigation agenda and, in my case, in identifying "new strategies for implementing Brown v. Board of Education." Second, my analysis of the principal "old" strategy for implementing Brown, …