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2005

Brown v. Board of Education

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Full-Text Articles in Law

Brown And Lawrence (And Goodridge), Michael J. Klarman Dec 2005

Brown And Lawrence (And Goodridge), Michael J. Klarman

Michigan Law Review

One year shy of the fiftieth anniversary of Brown v. Board of Education, the Justices issued another equality ruling that is likely to become a historical landmark. In Lawrence v. Texas, the Court invalidated a state law that criminalized same-sex sodomy. This article contrasts these historic rulings along several dimensions, with the aim of shedding light on how Supreme Court Justices decide cases and how Court decisions influence social reform movements. Part I juxtaposes Brown and Lawrence to illustrate how judicial decisionmaking often involves an uneasy reconciliation of traditional legal sources with broader social and political mores and …

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For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …

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For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

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Approaches To Brown V. Board Of Education: Some Notes On Teaching A Seminal Case, Joel K. Goldstein Jan 2005

Approaches To Brown V. Board Of Education: Some Notes On Teaching A Seminal Case, Joel K. Goldstein

Saint Louis University Law Journal

No abstract provided.

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Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Nancy Levit

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

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Under A Critical Race Theory Lens – Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo Pedrioli Jan 2005

Under A Critical Race Theory Lens – Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo Pedrioli

Carlo A. Pedrioli

This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …

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Beyond Higher Education: The Need For African Americans To Be "Knowledge Producers", Alex M. Johnson Jan 2005

Beyond Higher Education: The Need For African Americans To Be "Knowledge Producers", Alex M. Johnson

The Modern American

No abstract provided.

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The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.

NYLS Law Review

No abstract provided.

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Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley Jan 2005

Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley

NYLS Law Review

No abstract provided.

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True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson Jan 2005

True Integration: Advancing Brown's Goal Of Educational Equity In The Wake Of Grutter, Lia Epperson

Articles in Law Reviews & Other Academic Journals

The late Supreme Court Justice Thurgood Marshall, founder of the NAACP Legal Defense Fund ("LDF"), and head of the legal team that litigated Brown v. Board of Education,' knew well the challenges that desegregation posed in a nation founded on a system of racial subjugation and white supremacy. A full thirty years after Brown, he acknowledged: Desegregation is not and was never expected to be an easy task. Racial attitudes ingrained in our Nation's childhood and adolescence are not quickly thrown aside in its middle years.... In the short run, it may seem to be the easier course to allow …

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Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli Jan 2005

Under A Critical Race Theory Lens -- Brown V. Board Of Education: A Civil Rights Milestone And Its Troubled Legacy, Carlo A. Pedrioli

Faculty Scholarship

This critical book review argues that James T. Patterson’s narrative in, "Brown v. Board of Education: A Civil Rights Milestone and Its Troubled Legacy," is a mostly balanced historical reflection. Here, the term balanced will refer to giving consideration to both the negative and positive aspects of the phenomenon in question. To advance its thesis, the book review initially offers an overview of Patterson’s historical narrative and evaluation of the Brown legacy. Then the book review analyzes Patterson’s conclusions through a Critical Race Theory lens. Given the focus of Critical Race Theory on race and the law, especially on how …

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Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng Jan 2005

Multicultural Lawyering: Teaching Psychology To Develop Cultural Self-Awareness, Carwina Weng

Articles by Maurer Faculty

Much of the current literature in multicultural lawyering focuses on learning substantive information about clients who are culturally different from the lawyer, such as how the client's culture perceives eye contact or reacts to science-based world views. This article notes that such a focus sidesteps the human reality that every person reacts to people who are different from him- or herself unconsciously in ways that may be culturally insensitive and discriminatory and that this human reaction occurs despite awareness of the general values, attitudes, and beliefs of the client's culture. It therefore suggests that multicultural lawyering training should begin with …

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Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr Jan 2005

Two "Wrongs" Do/Can Make A Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make A Positive; Are Remedies Wrong?) The Law Has Made Him Equal, But Man Has Not, John C. Duncan Jr

Journal Publications

This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative action. The phrase "two wrongs don't make a right" is often heard in addressing various attempts to equalize, to balance, and to correct the acknowledged wrongs of slavery and segregation and their derivative effects. Yet, "two wrongs do/can make a right" has a positive connotation. This article reviews the history of societal and judicial wrongs against Blacks, as well as the evolution of the narrowing in legal reasoning concerning discrimination against minorities, including Blacks. Next, the legal reasoning behind legacy programs will be reviewed …

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The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie Jan 2005

The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie

Syracuse Journal of International Law and Commerce

This article on law and democratic development will focus on Brown v. Board of Education. We celebrated the fiftieth anniversary of Brown I in the year 2004 and we celebrated the fiftieth anniversary of Brown II in the year 2005. I know that Brown is an important event on which to anchor an analysis of law and democratic development because of a conference I attended in April 2004, in South Africa. The conference was sponsored by the University of Pretoria and was staged for the purpose of celebrating the tenth anniversary of South Africa as a democracy and the fiftieth …

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The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen Ellmann Jan 2005

The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen Ellmann

NYLS Law Review

No abstract provided.

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Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson Jan 2005

Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson

NYLS Law Review

No abstract provided.

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Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler Jan 2005

Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler

NYLS Law Review

No abstract provided.

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Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield Jan 2005

Why Segregation Is Inherently Unequal: The Abandonment Of Brown And The Continuing Failure Of Plessy, Gary Orfield

NYLS Law Review

No abstract provided.

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Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker Jan 2005

Are Reports Of Brown‘S Demise Exaggerated? Perspectives Of A School Desegregation Litigator, Dennis D. Parker

NYLS Law Review

No abstract provided.

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Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan Jan 2005

Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan

NYLS Law Review

No abstract provided.

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Environmental Justice And The Integration Ideal, Rachel D. Godsil Jan 2005

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

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Perspectives On Brown: The South African Experience, Penelope E. Andrews Jan 2005

Perspectives On Brown: The South African Experience, Penelope E. Andrews

NYLS Law Review

No abstract provided.

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Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura Jan 2005

Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura

NYLS Law Review

No abstract provided.

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Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit Jan 2005

Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit

Faculty Works

Fifty years after Brown v. Board of Education, segregation based on race and sex is sweeping the nation's educational systems. Courts are rapidly dismantling desegregation orders, and when those desegregation orders end, school districts racially resegregate. At precisely the same time this end to racial desegregation is occurring, the government is beginning to sponsor sex segregation in schools as well. The No Child Left Behind Act provides over $400 million in federal funds for experiments in education, such as single-sex schools and classes. Embracing Segregation draws connections between the end of racial desegregation and the beginning of government-sponsored sex segregation …

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Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol Jan 2005

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions. Whether …

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Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol Jan 2005

Legal Scholarship Symposium: The Scholarship Of Lawrence M. Friedman, Robert J. Cottrol

GW Law Faculty Publications & Other Works

Lawrence M. Friedman has achieved a singular preeminence as a legal historian for articulating a new vision of legal history as a discipline in his 1973 work entitled A History of American Law. This book treats American law as a mirror of society. At the time, Friedman's vision was still something quite new in American legal historiography. James Willard Hurst's notions of legal history as a sociolegal inquiry would heavily influence Friedman, helping to move the field into new and often surprising precincts. Friedman's approach to legal history is one that introduced us to previously unexamined actors and institutions.

Whether …

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Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson Jan 2005

Separate, Unequal And Alien: Comments On The Limits Of Brown, Lenni B. Benson

Articles & Chapters

No abstract provided.

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Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter Jan 2005

Does The Supreme Court Matter? Civil Rights And The Inherent Politicization Of Constitutional Law, Matthew D. Lassiter

Michigan Law Review

More than a decade ago, in a colloquium sponsored by the Virginia Law Review, scholars of the civil rights movement launched a fierce assault on Michael J. Klarman's interpretation of the significance of the Supreme Court's famous school desegregation ruling in Brown v. Board of Education. Klarman's "backlash thesis," initially set forth in a series of law review and history journal articles and now serving as the centerpiece of his new book, revolves around two central claims. First, he argues that the advancements toward racial equality generally attributed to Brown were instead the inevitable products of long-term political, …

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Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann Jan 2005

Education And Interrogation: Comparing Brown And Miranda, John H. Blume, Sheri Lynn Johnson, Ross Feldmann

Cornell Law Faculty Publications

Although the Warren Court had its share of grand decisions, perhaps it should be known instead for its grand goals--particularly the goals of ending America's shameful history of segregation and of providing a broad array of constitutional rights to persons accused of committing crimes. Brown v. Board of Education and Miranda v. Arizona, the two most well-known decisions of the Warren Court (and possibly the two most well-known decisions in the history of the Supreme Court), best capture the Court's labor in the rocky fields of our nation's legal, political, and cultural life. In this Article, we explore certain parallels …

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Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise Jan 2005

Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

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