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Articles 1 - 30 of 30
Full-Text Articles in Law and Race
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
Crisis As A Catalyst For Rebirth: Disrupting Entrenched Educational Inequality In The Covid Era, Erin M. Carr
Crisis As A Catalyst For Rebirth: Disrupting Entrenched Educational Inequality In The Covid Era, Erin M. Carr
Journal of Race, Gender, and Ethnicity
The public health and socio-economic crisis that has resulted from the pandemic has amplified existing social inequalities. The disparate racial impact of COVID-19 is a consequence of enduring social, economic, and political injustices that manifest in the form of health status and access, wealth, employment, and housing, all of which have contributed to a greater susceptibility to the virus by racially minoritized communities. racial inequities, educational inequities,
The compounding of racial inequities in all aspects of American life has logically extended to the educational sphere, where pre-pandemic educational inequities have been greatly exacerbated. In marking the passage of the 65th …
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Nomos And Nation: On Nation In An Age Of “Populism”, John Valery White
Touro Law Review
Robert Cover’s Nomos and Narrative points to the need to recognize a second, novel dimension for understanding rights. His concept of nomos, applied to competing notions of nation in pluralistic societies, suggests that the current dimension for understanding rights, which conceives of them fundamentally as protections for the individual against the state, is too narrow. Rather a second dimension, understanding rights of individuals against the nation, and aimed at ensuring individuals’ ability to participate in the development of an idea of nation, is necessary to avoid “a total crushing of the jurisgenerative character” of nomoi by the state, or by …
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Washington and Lee Law Review
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.
From Rights To Resources: The Southern Federal District Courts And The Transformation Of Civil Rights In Education, 1968-1974, Charles L. Zelden
From Rights To Resources: The Southern Federal District Courts And The Transformation Of Civil Rights In Education, 1968-1974, Charles L. Zelden
Akron Law Review
This situation would change. Seemingly out of nowhere, and in a very short period of time, the federal courts transformed the concept of civil rights, taking it in a new and expansive direction almost impossible to predict a mere decade before. Reinterpreting a mix of government laws, regulations and past judicial orders, the courts, along with other branches of the federal government, began to reallocate social and economic resources such as access to education, jobs, political power and housing away from the majority toward the social margins. By 1974, a system of governmnt-ordered, race and gender-based, redistributive remedies to the …
Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran
Untoward Consequences: The Ironic Legacy Of Keyes V. School District No. 1, Rachel F. Moran
Faculty Scholarship
The Keyes case began with high hopes that desegregation would lead to educational equity for black and Latino students in the Denver Public Schools. The lawsuit made history by successfully using circumstantial evidence to establish intentional discrimination and bring court-ordered busing to a school system outside the South. In the intervening years, that initial success became laden with irony. Because Denver was a tri-ethnic community of whites, blacks, and Latinos, the litigation revealed the complexities of pursuing reform in a school district not defined by a history of black-white relations.
The courts had to decide whether Latinos would count as …
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Race And Education: The Future Of Desegregation In The United States, Gregory Coleman Jr.
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
From Pedagogical Sociology To Constitutional Adjudication: The Meaning Of Desegregation In Social Science Research And Law, Anne Richardson Oakes
Michigan Journal of Race and Law
In the United States following the case of Brown v. Board of Education (1954) federal judges with responsibility for public school desegregation but no expertise in education or schools management appointed experts from the social sciences to act as court advisors. In Boston, MA, educational sociologists helped Judge W. Arthur Garrity design a plan with educational enhancement at its heart, but the educational outcomes were marginalized by a desegregation jurisprudence conceptualized in terms of race rather than education. This Article explores the frustration of outcomes in Boston by reference to the differing conceptualizations of desegregation in law and social science. …
Social Justice And The Law, Elaine R. Jones
Social Justice And The Law, Elaine R. Jones
University of Richmond Law Review
No abstract provided.
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Michigan Journal of Race and Law
This Article examines whether conservative critics are correct in their assertion that the Kansas City, Missouri School District (KCMSD) desegregation plan clearly establishes that no correlation exists between funding and academic outcomes. The first section provides a summary of public education in KCMSD prior to 1977, the beginning of the Missouri v. Jenkins school desegregation litigation. The second and third sections analyze whether the Jenkins desegregation and concurrent school finance litigation (Committee for Educational Equality v. State) addressed these problems. The fourth section provides an overview of school finance litigation and explains how KCMSD desegregation plan has been …
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.
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.
The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.
The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr.
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.
Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley
Is Brown Dying? Exploring The Resegregation Trend In Our Public Schools, Danielle R. Holley
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.
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.
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 And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins
Brown'S Legacy Then And Now: Race And Law School Admissions Debates Continue After Nearly 70 Years, Lauren M. Collins
Law Faculty Articles and Essays
Next month marks the 50th anniversary of the landmark desegregation case Brown v. Board of Education. Although this case represents a major victory in the battle for civil rights, the struggle against racism in education began some 20 years prior to Brown. During the 1930s and 1940s, at least seven African-American law school candidates aggressively challenged the unequal treatment of minority applicants in state courts, some eventually reaching the U.S. Supreme Court. Early successes in these cases lead to the more sweeping Brown decision, which then contributed to further law school admission policy reform. Discussion about the role of …
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Opening Remarks: Reclaiming Yesterday's Future, Kimberlé W. Crenshaw
Opening Remarks: Reclaiming Yesterday's Future, Kimberlé W. Crenshaw
Faculty Scholarship
Good morning colleagues, friends, and special guests of the Symposium. I have the unenviable task of welcoming you to the UCLA School of Law this morning, a task that under current circumstances carries with it for me quite a few mixed emotions.' I have struggled mightily over how I might convey to you that although my heart is heavy this morning, I am very pleased to see each of you. It is rather like opening the door to welcome close friends into your home which is in a state of utter disarray. Things are strewn all about, you look harried …
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 …
Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman
Desegregating Politics: "All-Out" School Desegregation Explained, James S. Liebman
Faculty Scholarship
School desegregation is not dead. It lives quietly in what used to be the Confederate South. Notwithstanding the Reagan and Bush Administrations' ten-year campaign to limit the legal, remedial, and temporal scope of court-ordered integration plans throughout the nation, desegregation persists in southern rural areas where substantial numbers of black Americans continue to reside and in southern urban areas where school districts were organized in 1970 to encompass not only the inner city but also the suburbs. By many accounts, moreover, desegregation is an effective and accepted – one may even say respected – member of the family of social …
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
The Profound Impact Of Milliken V. Bradley, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review
The Burden Of Brown: Thirty Years Of School Desegregation, Michigan Law Review
Michigan Law Review
A Review of The Burden of Brown: Thirty Years of School Desegregation by Raymond Wolters
Local Taxes, Federal Courts, And School Desegregation In The Proposition 13 Era, Michigan Law Review
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 …
The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar
The School Desegregation Cases In Retrospect—Some Reflections On Causes And Effects, Yale Kamisar
Book Chapters
Recently, when asked to give a lecture on appellate advocacy, Justice Thurgood Marshall reminded his audience what Judge Benjamin Cardozo had once said: "The great tides and currents which engulf the rest of men do not turn aside in their course and pass judges by." An outstanding example, he might have added, is Brown v. Board of Education.
In a sense, the significant changes which have occurred in the Black man's status in the last two decades had their beginnings in the rise of numerically, and hence politically, important Black communities in the North. For the importance of civil rights …
Western Union Telegram To Mr. Virgil D. Hawkins, Registrar
Western Union Telegram To Mr. Virgil D. Hawkins, Registrar
Documents
During his struggle to gain entry to the University of Florida College of Law, Mr. Hawkins never applied to Florida A & M for law school. Nevertheless, he was notified, by telegram, that his "application for admission" was approved and he was given instructions to register for classes for the fall semester, 1951.