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Perspectives On Missouri V. Jenkins: Abandoning The Unfinished Business Of Public School Desegregation 'With All Deliberate Speed', José F. Anderson
Perspectives On Missouri V. Jenkins: Abandoning The Unfinished Business Of Public School Desegregation 'With All Deliberate Speed', José F. Anderson
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This essay examines the continuing struggle that centers around whether this country will allow public elementary and secondary school officials to use race-conscious, and sometimes aggressive, tools to eliminate the continuing presence of predominantly single race schools in most of our urban centers. Despite the promise of Brown v. Board of Education, the efforts to desegregate schools in some areas of America appear to have eliminated only the legal barriers to truly integrated schools. Many school systems have simply resegregated through demographic shifts prompted by urban decay and "white flight." In Missouri v. Jenkins, the Supreme Court struck down certain …
Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman
Consistently Inconsistent: The Supreme Court And The Confusion Surrounding Proportionality In Non-Capital Sentencing, Steven P. Grossman
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(Adapted by permission from 84 Ky. L. J. 107 (1995)) This article examines the Supreme Court's treatment of the Eighth Amendment with respect to claims of excessiveness regarding prison sentences. Specifically, it addresses the issue of whether and to what degree the Eighth Amendment requires that a punishment not be disproportional to the crime punished. In analyzing all of the modern holdings of the Court in this area, one finds significant fault with each. The result of this series of flawed opinions from the Supreme Court is that the state of the law with respect to proportionality in sentencing is …