Civil Rights and Discrimination Commons^™

Racial Disparities In U.S. Public Education And International Human Rights Standards: Holding The U.S. Accountable To Cerd, Amelia Parker

Human Rights Brief

No abstract provided.

Blackthink's™ Acting White Stigma In Education And How It Fosters Academic Paralysis In Black Youth, Kimberly Jade Norwood

Scholarship@WashULaw

Black students who attend school regularly, participate in the classroom experience — by either participating in class and/or turning in homework, take “AP” classes, and who perform well on tests are, not uncommonly, accused of “acting white.” This happened to me as a child, it has happened to my children and it has happened to black youth I have interviewed throughout the country. This Article explores the practice within the black community of blacks who attack — verbally and sometimes physically — other blacks simply because the latter perform well in school. The Article explores the ironies of this attack …

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

ExpressO

In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …

Lawrence V. Texas Overrules San Antonio School District. V. Rodriguez, John H. Ryskamp

ExpressO

San Antonio School District v. Rodriguez used the scrutiny regime to decide whether there was an Equal Protection right to housing. However, Lawrence v. Texas abolished the scrutiny regime. So how do we evaluate whether there is an education right under Equal Protection? The right to education in the Texas Constitution shows us that we use the liberty Equal Protection right to determine if state laws are essential to education; this is the meaning of Lawrence's rule that laws are not permitted respecting liberty which do not "substantially further a legitimate state interest." Note that this takes substantially from intermediate …

Reading, Writing, And Reparations: Systematic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Faculty Articles and Other Publications

This Article examines reparations as a means of supporting systemic reform of public education, focusing on a recent enactment of the Virginia General Assembly, the Brown v. Board of Education Scholarship Program and Fund (Brown Fund Act). This provision seeks to remedy the state's refusal to integrate schools after the Supreme Court's decision in Brown v. Board of Education by providing scholarships to persons denied an education between 1954 and 1964, a period known as massive resistance. Under this regime, the state's executive and legislative branches colluded to develop laws that defied Brown's mandate, including authorizing the governor to close …

Connecting Care And Challenge: Tapping Our Human Potential - Inclusive Education: A Review Of Programming And Services In New Brunswick, A. Wayne Mackay

Reports & Public Policy Documents

Due to the short time frame for this Review, this cannot be considered an exhaustive report. There is however quite a massive volume of information and sources introduced here touching on the particulars required by the Terms of Reference.

In section I we present legal considerations that have an impact on education in various ways, all of which are related to inclusion and the application of equality rights in Canada. Those considerations include accommodation of students with disabilities, the student-teacher relationship, discipline, safe-schools, and a framework for analysis: the new 3 R’s in education: Rights, Responsibilities and Relationships. Included are …

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

All Faculty Scholarship

Veritas vos liberabit, chanted the scholastics of yesteryear. The truth will set you free, echo their latter-day counterparts in the academy.

Universities like themselves to be perceived as places of culture in a chaotic world, protectors of reasoned discourse, peaceful havens for learned professors roaming orderly quadrangles and pondering higher thoughts-a community of scholars seeking knowledge in sylvan tranquility.

The real world of higher education, of course, is not quite so wonderful.

Instead of a feast for unfettered intellectual curiosity, much of the modern academy is dominated by curricular deconstructionists who disdain western civilization, people who call themselves multiculturalists but, …

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In Schools, Erika George

Faculty Scholarship

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

Construire La Liberté Ou Le Défi Haïtien, Bernard Hadjadj

Présence Francophone: Revue internationale de langue et de littérature

The major challenge of Haitian society remains building liberty after emerging from slavery and acquiring independence. Two centuries after the birth of the first Black Republic, the new social contract that rose from this spirit of “living together” is still in penury. The author examines the principal obstacles on the way to building freedom: namely, the inclusion of a large number of the excluded, which implies the dismantling of misery and the promotion of learning; the institution of authority through law and responsibility which presupposes the end of the “master” figure as a symbol of power, as well as that …

Reflections On Justice Before And After Brown , Constance Baker Motley

Fordham Urban Law Journal

This Article discusses the important role that Brown v. Board of Education and the federal legislation that followed from it played in nullifying the Jim Crow edits. The Article examines how the result in Brown and certain subsequent events allowed for the creation of a black middle class. Martin Luther King's movement directly challenging state-forced segregation was highly effective in this matter; his 1963 march on Washington, in which 250,000 people turned up in support, became the turning point in the segregation battle. Brown also served as a predicate for the passage of the 1964 Federal Civil Rights Act which …

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

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

Environmental Justice And The Integration Ideal, Rachel D. Godsil

NYLS Law Review

No abstract provided.

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

NYLS Law Review

No abstract provided.

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias

University of Richmond Law Review

No abstract provided.

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.

Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams

Faculty Articles and Other Publications

As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.

History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …

The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones

Fordham Urban Law Journal

This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …

The Conception Of Brown, Robert L. Carter

Fordham Urban Law Journal

This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …

"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak

Fordham Urban Law Journal

This Article discusses the 1931 decision of the Austrian Constitutional Court in which it was held that rules promulgated by the University of Vienna, which aimed to separate the student body into four ethnically-defined nations, were invalid. The Article notes the striking similarities of the case to Brown v. Board of Education and other American equal protection education cases. In examining the decision the article states that in declining to uphold an equivalent to the 'separate but equal' doctrine, the Austrian justices did for Austrian law what Plessy had failed to do for US law thirty five years before. The …

Reviewing The Play: How Faulty Premises Affected The Work Of The Commission On Opportunity In Athletics And Why Title Ix Protections Are Still Needed To Ensure Equal Opportunity In Athletics, Jocelyn Samuels

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

UF Law Faculty Publications

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Faculty Scholarship

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

Choosing Equality: School Choice, The Consitution, And Civil Society By Joseph P. Viteritti, Brian P. Marron

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Affirmative Action And Minority Enrollments In Medical And Law Schools By Susan Welch And John Gruhl, Mark J. Sullivan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.