Civil Rights and Discrimination Commons^™

Public Schools And The Inevitability Of Religious Inequality, Richard F. Duncan

BYU Law Review

No abstract provided.

At Loggerheads: The Supreme Court And Racial Equality Inpublic School Education After Missouri V. Jenkins, Roberta M. Harding

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Constitutional Amendment By Missouri V. Jenkins, Laura S. Fitzgerald

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …

The "Constitutional" Assault On The Virginia Military Institute, Jon A. Soderberg

Washington and Lee Law Review

No abstract provided.

Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman

Loyola University Chicago Law Journal

No abstract provided.

Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.

John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson

Washington and Lee Law Review

No abstract provided.

Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Assessing The Efficacy Of School Desegregation, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

An Evidentiary Framework For Diversity As A Compelling Interest In Higher Education, Kimberly J. Robinson

Law Faculty Publications

This Note argues that if courts choose to reexamine evidence on the value of diversity in higher education, they should not apply the evidentiary requirements that the Supreme Court has applied to cases involving questions of past discrimination. Rather, courts should consider the unique nature of diversity in higher education and the protection afforded the academic context in which the evidence is considered and modify their review of the evidence presented accordingly. Furthermore, this Note argues that the interest of an institution of higher education16 in diversity is "compelling" in light of the evidence that a racially diverse student body …

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …

Discrimination In The Education Process Based On Race, Deborah Mayo-Jeffries

North Carolina Central Law Review

No abstract provided.

Civil Rights: A Common And Continuing Struggle, Deval Patrick

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Brown V. Board Of Education At Forty: Where Are We? Where Do We Go From Here?, Murray Dry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Student-To-Student Sexual Harassment And Discrimination, Dennie D. Butterfield

Brigham Young University Education and Law Journal

No abstract provided.

Backing Up The Bus: Can We Ever Retreat From Desegregation?, Keith Woodwell

Brigham Young University Education and Law Journal

No abstract provided.

Peer Abuse In Public Schools: Should Schools Be Liable For Student To Student Injuries Under Section 1983?, Robert L. Phillips

BYU Law Review

No abstract provided.

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Faculty Scholarship

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Popular Media

No abstract provided.

Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson

Law Faculty Publications

The use of minority scholarships to create a diverse student body and to remedy past discrimination has been the subject of considerable controversy in recent years. Although such scholarships constitute a small percentage of financial aid for higher education, opponents of minority scholarships argue that they unfairly discriminate against non-minority students on the basis of race. In Podberesky v. Kirwan, the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court …

Reading, Writing, And Sexual Harassment: Finding A Constitutional Remedy When Schools Fail To Address Peer Abuse, Karen Mellencamp Davis

Indiana Law Journal

No abstract provided.

Brown V. Board Of Education After 40 Years: Confronting The Promise, William & Mary Law School

One-Time Conferences: Programs

Held on May 17-18, 1994 in Williamsburg, Virginia.

Sponsored by the Institute of Bill of Rights Law of The College of William and Mary and Howard University School of Law.

Interest Balancing And Other Limits To Judicially Managed Equal Educational Opportunity, Neal Devins

Faculty Publications

No abstract provided.

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child …

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Faculty Publications

No abstract provided.

Civil Rights—Sex Discrimination In Education—Compensatory Damages Available In A Title Ix Sexual Harassment Claim. Franklin V. Gwinnett County Public Schools., Joanne Liebman Matson

University of Arkansas at Little Rock Law Review

No abstract provided.

Do African-Americans Need Immersion Schools? The Paradoxes Created By Legal Conceptualization Of Race And Public Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.