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Full-Text Articles in Law

Examining Costs Of Diversity, Eboni S. Nelson Jan 2009

Examining Costs Of Diversity, Eboni S. Nelson

Faculty Publications

Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No. ] and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and continue their pursuit of racially diverse student bodies. This Article questions the wisdom of such a pursuit and urges school officials to pursue measures other than racial diversity to provide equal educational opportunities to minority students.

The Article begins with a discussion of the social, democratic, and educational benefits commonly …


The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker Jan 2009

The Violent Bear It Away: Emmett Till & The Modernization Of Law Enforcement In Mississippi, Anders Walker

All Faculty Scholarship

Few racially motivated crimes have left a more lasting imprint on American memory than the death of Emmett Till. Yet, even as Till's murder in Mississippi in 1955 has come to be remembered as a catalyst for the civil rights movement, it contributed to something else as well. Precisely because it came on the heels of the Supreme Court's 1954 ruling in Brown v. Board of Education, Till's death convinced Mississippi Governor James P. Coleman that certain aspects of the state's handling of racial matters had to change. Afraid that popular outrage over racial violence might encourage federal intervention in …


Desegregation Law And Jurisprudence, Wendy B. Scott Jan 2009

Desegregation Law And Jurisprudence, Wendy B. Scott

Journal Articles

My Essay provides context for the articles that query the contemporary relevance of integration. Part I addresses the challenge of understanding desegregation and its relationship to integration. Part II explores the equality rationales offered by courts and scholars to support or reject integration as the most viable method for achieving desegregation. The Essay concludes that we should move beyond substantive equality to anti-subordination strategies targeted at the deeply entrenched structural inequalities that marginalize children in poor or racially-isolated schools.