Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Law

Untenable, Unchristian, And Unconstitutional , Carl Tobias Nov 1993

Untenable, Unchristian, And Unconstitutional , Carl Tobias

Missouri Law Review

Clara J. McKenney donated her residence to the city of Petersburg, Virginia, in 1924 for use as a free library. She gave the building as a memorial to her husband, William Robertson McKenney, a well-respected lawyer who had practiced in Petersburg for many years. Clara McKenney's deed of transfer stipulated that the library was "to be maintained for both white and colored persons: all of the building ... including the first floor and all above that [was] to be for the exclusive use of white persons; and the basement of the building [was] to be kept and maintained for the …


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Jan 1993

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


The Constitutional Ghetto, Robert L. Hayman, Nancy Levit Jan 1993

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 …


Untenable, Unchristian, And Unconstitutional, Carl W. Tobias Jan 1993

Untenable, Unchristian, And Unconstitutional, Carl W. Tobias

Law Faculty Publications

Professor Tobias provides an account of the ultimately successful 1960 efforts to desegregate the Petersburg, Virginia Public Library.


The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown Jan 1993

The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.


The Constitutional Ghetto, Robert L. Hayman, Nancy Levit Jan 1993

The Constitutional Ghetto, Robert L. Hayman, Nancy Levit

Faculty Works

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 …


Disagreement And Interpretation, Robert F. Nagel Jan 1993

Disagreement And Interpretation, Robert F. Nagel

Publications

No abstract provided.


After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown Jan 1993

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.