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Articles 31 - 60 of 89
Full-Text Articles in Education Law
Perspectives On Brown: The South African Experience, Penelope E. Andrews
Perspectives On Brown: The South African Experience, Penelope E. Andrews
NYLS Law Review
No abstract provided.
Embracing Segregation: The Jurisprudence Of Choice And Diversity In Race And Sex Separatism In Schools, Nancy Levit
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 …
Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson
Separate, Unequal, And Alien: Comments On The Limits Of Brown, Lenni B. Benson
NYLS Law Review
No abstract provided.
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen Ellmann
The Rule Of Law And The Achievement Of Unanimity In Brown, Stephen Ellmann
NYLS Law Review
No abstract provided.
Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler
Separate But Equal Education In The Context Of Gender, Isabelle Katz Pinzler
NYLS Law Review
No abstract provided.
Introduction: Brown Is Dead? Long Live Brown!, Denise C. Morgan
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
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
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
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
Brown V. Board Of Education, Immigrants, And The Meaning Of Equality, Hiroshi Motomura
NYLS Law Review
No abstract provided.
Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise
Brown V. Board Of Education, Footnote 11, And Multidisciplinarity, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michigan Law Review
In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …
The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown
The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown
The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas
Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel
The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel
Faculty Scholarship
Despite many deficiencies, the No Child Left Behind Act ("NCLB" or "Act") extends to the federal level and diffuses to the states an innovative system of publicly monitored decentralization of school governance known as the "New Accountability." This Article argues that, given background changes in the understanding of effective classroom teaching, accountability systems of the type imposed by the NCLB can enable willing school districts to build the capacity for school-level reform upon which the ultimate improvement of public schooling depends. It claims further that activists can accelerate the reforms and ensure respect for the requirements of racial and economic …
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Cornell Law Faculty Publications
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …
Book Review Of What Brown V. Board Of Education Should Have Said: The Nation's Top Legal Experts Rewrite America's Landmark Civil Rights Recision, Wendy Parker
Journal of Legal Education
No abstract provided.
Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein
Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein
Faculty Articles
Addresses the need to remedy the disparity in academic achievement of black and white students and examines why this disparity continues to exist in spite of the desegregation decrees issued under "Brown." Reviews how a court decides whether a school district has complied with a desegregation decree. Explains why schools are being released from desegregation decrees despite achievement gap.
Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller
Michigan Law Review
Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Are State-Supported Historically Black Colleges And Universities Justifiable After Fordice?—A Higher Education Dilemma, John A. Moore
Florida State University Law Review
No abstract provided.
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
Journal Publications
"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …
Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel
Turning The Tide In The Civil Rights Revolution: Elbert Tuttle And The Desegregation Of The University Of Georgia, Anne S. Emanuel
Michigan Journal of Race and Law
Truth is sometimes stranger than fiction. So it was in 1960 when Elbert Tuttle became the Chief Judge of the United States Court of Appeals for the Fifth Circuit, the federal appellate court with jurisdiction over most of the Deep South. Part of the genius of the Republic lies in the carefully calibrated structure of the federal courts of appeal. One assumption underlying the structure is that judges from a particular state might bear an allegiance to the interests of that state, which would be reflected in their opinions. Forming panels of judges from each of several states is supposed …
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
UF Law Faculty Publications
Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that …
Assessing The Efficacy Of School Desegregation, Michael Heise
Assessing The Efficacy Of School Desegregation, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Civil Rights: A Common And Continuing Struggle, Deval Patrick
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.