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The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown Jan 2017

The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown Jan 2017

End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown Jan 2015

Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown Jan 2011

Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown

Articles by Maurer Faculty

Since the origin of affirmative action, selective higher education institutions' have generally lumped all blacks into a unified Black/ African/African American category. However, this practice of treating all blacks alike has now changed. The Department of Education ("DOE") issued the Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the United States Department of Education ("Guidance") in October 2007, which had a final implementation date for the reporting school year of 2010-2011. The Guidance marked the first time that the federal government dictated the procedures that educational institutions, including selective higher education programs, must follow when ...


Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain Jan 2010

Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain

Articles by Maurer Faculty

Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.

On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same ...


Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve Jan 2010

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.


Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown Jan 2009

Now Is The Appropriate Time For Selective Higher Education Programs To Collect Racial And Ethnic Data On Its Black Applicants And Students, Kevin D. Brown

Articles by Maurer Faculty

American colleges and universities have traditionally lumped all of their black students into a unified “Black/African/African American" category. However, there is growing evidence that American higher education is witnessing a historic change in the racial and ethnic ancestry of Blacks who are the beneficiaries of affirmative action. Recent studies have pointed out that disproportionately large percentages of Blacks benefiting from affirmative action are foreign-born Black immigrants, their sons and/or daughters, and multiracials. In addition, the number and percentage of blacks approaching college age from these groups will increase substantially in the next five to ten years.

In ...


Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown Jan 2009

Change In Racial And Ethnic Classifications Is Here: Proposal To Address Race And Ethnic Ancestry Of Blacks For Affirmative Action Admissions Purposes, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown Jan 2009

Can Public International Boarding Schools In Ghana Be The Next Educational Reform Movement For Low-Income Urban Minority Public School Students?, Kevin D. Brown

Articles by Maurer Faculty

The past twenty-five years has witnessed dramatic changes in the world, including the rise of international trade, unprecedented movement of people across national borders, tremendous advances in communication technologies and new forms of knowledge. Due to the changes of this magnitude, the American public is aware of new and formidable global and international problems that did not exist before. However, these changes also provide the conditions for applying new solutions to domestic problems that have plagued American society for decades. This Article puts forward an innovative suggestion to a persistent problem of American society: the problem of how to improve ...


African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes Jan 2009

African American Disproportionality In School Discipline: The Divide Between Best Evidence And Legal Remedy, Kevin D. Brown, Russell J. Skiba, Suzanne E. Eckes

Articles by Maurer Faculty

No abstract provided.


Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell Jan 2008

Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell

Articles by Maurer Faculty

Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change ...


Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown Jan 2008

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Symposium: Race Across Boundaries: Introduction, Kevin D. Brown Jan 2008

Symposium: Race Across Boundaries: Introduction, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati Jan 2008

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits ...


The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown Jan 2006

The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown

Articles by Maurer Faculty

The expansion of school choice in elementary and secondary education, particularly in urban areas, is one of largest current educational reform movements sweeping the nation. This is true despite the fact that it is still too early for a consensus to develop about the educational benefits of increased choice. 1 Society always precedes schooling. Thus, major educational reforms pass in and out of favor depending on social conditions and how prevailing patterns of understanding interpret those conditions.2 Among the most significant social developments influencing educational reforms are legal decisions. Since the Supreme Court is the final authority on constitutional ...


Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown Jan 2004

Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown Jan 2004

The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown Jan 2004

The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown

Articles by Maurer Faculty

Justice O'Connor’s opinion for the United States Supreme Court in Grutter v. Bollinger upheld the University of Michigan Law School’s affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative action articulated by Justice O'Connor implicitly recognized that underrepresented minorities with a history of discrimination are not as academically qualified as their non-Hispanic white (and Asian counterparts). Their inclusion in affirmative action plans is based on the belief that they provide enough educational and non-educational benefits to offset their academic ...


The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown Jan 2004

The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles Jan 2004

In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.


After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown Jan 2004

After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown Jan 2003

Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson Jan 2002

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight ...


Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber Jan 2002

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.


Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber Jan 2001

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure ...


Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown Jan 2000

Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown Jan 2000

The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown Jan 1997

The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake Jan 1997

Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake

Articles by Maurer Faculty

Haskell (1997) argued that the administrative practice of student evaluation of faculty is a threat to academic freedom. However, before that claim can be substantiated, several prior questions must be addressed: To whom does academic freedom belong? Individual faculty? The academy? Whose actions can violate the right? Can any lines be drawn based on whether the substance or form of classroom behavior is influenced? And still another crucial point is whether a body can violate academic freedom without any intent to interfere with or control the substance of what is said to students.


Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg Jan 1997

Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.