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

2008

Civil rights

Santa Clara Law

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Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson Jan 2008

Undercover Power: Examining The Role Of The Executive Branch In Determining The Meaning And Scope Of School Integration Jurisprudence, Lia Epperson

Faculty Publications

This paper focuses on the interaction of the federal judicial and executive branches of government in one key area of civil rights, determining the scope and direction of school integration. Specifically, this paper examines the extremely powerful role of the United States Department of Education's Office for Civil Rights ("OCR") in shaping the application of the Supreme Court's decisions with respect to racial inclusion in public education in the wake of two watershed rulings, Brown v. Board of Education and Grutter v. Bollinger. In addition, this paper discusses the possible consequences of executive and judicial interplay in the aftermath of …