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Articles 1 - 6 of 6
Full-Text Articles in Law
Ideological Voting Applied To The School Desegregation Cases In The Federal Courts Of Appeals From The 1960’S And 70’S, Joe Custer
Joe Custer
This paper considers a research suggestion from Cass Sunstein to analyze segregation cases from the 1960's and 1970's and whether three hypothesis he projected in the article "Ideological Voting on Federal Courts of Appeals: A Preliminary Investigation," 90 Va. L. Rev. 301 (2004), involving various models of judicial ideology, would pertain. My paper considers Sunstein’s three hypotheses in addition to other judicial ideologies to try to empirically determine what was influencing Federal Court of Appeals Judges in regard to Civil Rights issues, specifically school desegregation, in the 1960’s and 1970’s.
Achieving Diversity In The Parents Involved Era: Evidence For Geographic Integration Plans In Metropolitan School Districts, Julian Vasquez Heilig, Meredith Richard, Kori Stroub, Michael Volonnino
Achieving Diversity In The Parents Involved Era: Evidence For Geographic Integration Plans In Metropolitan School Districts, Julian Vasquez Heilig, Meredith Richard, Kori Stroub, Michael Volonnino
Julian Vasquez Heilig
In the wake of the Parents Involved decision, which rendered unconstitutional voluntary school integration plans using individual student race, districts have adopted a number of alternative integration strategies to combat the re-segregation of America’s schools. One promising approach, developed by Berkeley Unified School District, uses neighborhood demographic and socioeconomic characteristics as proxies for student race and ethnicity in assigning students to schools. This study provides the first empirical assessment of such “geographic integration models” by 1) modeling how accurately neighborhood demographic and socioeconomic characteristics predicted student race/ethnicity, and 2) estimating the potential increases in school diversity under such a plan. …
The White Interest In School Integration, Robert A. Garda Jr.
The White Interest In School Integration, Robert A. Garda Jr.
Robert A. Garda
Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools despite these interests underpinning over thirty years of Supreme Court integration jurisprudence. In this article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The article begins by explaining the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation jurisprudence. White parents must understand that their “buy-in” …
Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison Iii
Color-Blind: Procedure's Quiet But Crucial Role In Achieving Racial Justice, Benjamin V. Madison Iii
Benjamin V Madison, III
This article explores the role of procedural institutions, both in the Constitution and in other laws related to the judicial system, that promote impartial justice. The article explores the twin principles of human fallibility and the equality of all human beings as the fundamental bases of the judicial system. The role of procedure in enabling federal courts to enforce the Supreme Court's decision in Brown v. Board of Education is a featured part of the article.
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Paul Diller
No abstract provided.
The Constitutional Ghetto, Robert L. Hayman, Nancy Levit
The Constitutional Ghetto, Robert L. Hayman, Nancy Levit
Nancy Levit
The goal of this Article is to assess two Supreme Court desegregation decisions. It is our view that Board of Education v. Dowell and Freeman v. Pitts are, by almost every measure, seriously flawed decisions. The opinions of the Court rest on epistemic premises - reductionist views of race and racism, and an absurdly formalistic conception of equality - that are by turns either anachronistic, cramped and inauthentic, or demonstrably wrong. Worse, they promote a vision of American society - fragmented, hierarchical, and shamelessly individualistic - that is fundamentally inconsistent both with the egalitarian norms embodied in the Fourteenth Amendment …