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Full-Text Articles in Law
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Pink Franklin V. South Carolina: The Naacp’S First Case, W. Lewis Burke
Faculty Publications
No abstract provided.
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Faculty Publications
No abstract provided.
A New Era For Desegregation, Danielle R. Holley-Walker
A New Era For Desegregation, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Framework For The Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, And Standards, Derek W. Black
Faculty Publications
This article anticipates that the next president and the current Congress will likely pursue civil rights legislation for the first time since 1991. Their most significant and difficult task will be determining whether to retain the Supreme Court’s intentional discrimination standard. Because this issue has so often led to polemic debates and court decisions in the past, this article attempts to provide a neutral framework for that discussion. Relying on tort concepts and their longstanding connection to constitutional torts, it demonstrates that the attempt to create a standard to prohibit immoral or “wrongful” conduct is both misguided and will prove …