Education Law Commons^™

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates

Vanderbilt Law Review

Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …

Suffering The Children: 35 Years Of Suspension, Expulsion, And Beatings--The Price Of Desegregation, Leroy Pernell

Journal Publications

No abstract provided.

Controlling The Structural Injunction, Robert F. Nagel

Publications

No abstract provided.

Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review

Michigan Law Review

This Note examines a federal court's dilemma when the remedy of school desegregation collides with the trend of tax limitation - when a school desegregation order requires funds that the local school authorities do not have and cannot raise. Can the district court order a local tax levy to fund school desegregation when the school authorities have already reached their maximum taxing limit? Is there a better alternative remedy?

To tackle those questions, this Note first elucidates three equitable principles to guide courts in fashioning desegregation decrees. It then explores the history of judicial power to order state and local …

Columbus Board Of Education V. Penick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …

Disaster By Decree: The Supreme Court Decisions On Race And The Schools, By Lino A. Graglia, Robert M. O'Neil

Indiana Law Journal

No abstract provided.

Constitutional Law - School Desegregation - Interdistrict Desegregation Order Is Within Discretion Of District Court When Based Upon Finding Of One Or More Interdistrict Constitutional Violation, James D. Hilly

Villanova Law Review (1956 - )

No abstract provided.

Dayton Board Of Education V. Brinkman, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Milliken V. Bradley, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

School Desegregation And Affirmative Equitable Relief: Swann And Beyond

Washington and Lee Law Review

No abstract provided.

Discrimination In The Hiring And Assignment Of Teachers In Public School Systems, Michigan Law Review

Michigan Law Review

In the Brown v. Board of Education decisions of 1954 and 1955, the United States Supreme Court made it clear that separate public school facilities for pupils of different races are inherently unequal and constitute a denial of the equal protection of the laws. While it was not altogether clear from the language of the opinions whether segregated faculties in public schools are also unconstitutional, subsequent lower court decisions have held that racial discrimination in the selection and assignment of teachers is forbidden.

Fifth Circuit Relies On Administrative Standards In School Desegregation Cases--Singleton V. Jackson Municipal Separate School District, Michigan Law Review

Michigan Law Review

On June 22, 1965, the Court of Appeals for the Fifth Circuit entered an order requiring the Jackson, Mississippi, Municipal Separate School District to submit a plan for the total desegregation of the district, and specifically requiring that at least four grades be desegregated in the school year 1965-1966. In reaching its decision, the court gave "great weight" to the standards used by the Office of Education of the United States Department of Health, Education, and Welfare (HEW) to determine whether schools qualify for federal financial assistance. The court reasoned that since the objectives of both the judiciary and the …

Fifty-Eight Lonely Men, By Jack Walter Peltason, Samuel Krislov

Indiana Law Journal

No abstract provided.

De Facto Public School Segregation, Will Maslow

Villanova Law Review (1956 - )

No abstract provided.

Desegregation And The Law: The Meaning Of Effect Of The School Segregation Cases, Ray Jay Davis

West Virginia Law Review

No abstract provided.

The Effect Of Desegregation On Public School Bonds In The Southern States, James S. Gilliland

Vanderbilt Law Review

In the wake of Brown v. Board of Education' six recent cases arising in four states have involved a constitutional challenge to the validity of an issue of public bonds to finance segregated schools. In each case it was contended that bonds authorized and approved according to statute could not be validated or the proceeds used for a purpose now unconstitutional. Confronting this apparently meritorious contention was the impelling practical consideration of furthering public education in the already lagging South. Legal answers, embodying this equitable consideration, ranged from a plea to jurisdiction, to interpretation of a statute or bond, to …