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Full-Text Articles in Law and Race

"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson Jan 2015

"Law Is Coercion": Revisiting Judicial Power To Provide Equality In Public Education, José F. Anderson

All Faculty Scholarship

This article is an attempt to start a conversation about where we find ourselves in the plight to help our most challenged public schools. It is not intended to be a comprehensive solution to the problem, but rather a hard look at how, after decades of many efforts, we are further away from the equal education contemplated by the United States Supreme Court's historic decision in Brown v. Board of Education. This article does not desire to simply cast blame for the failures of our children, but to send a reminder that, as Frederick Douglass would say, we can hardly …


Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza Jan 2013

Measuring The Racial Unevenness Of Law School, Jonathan Feingold, Doug Souza

Faculty Scholarship

In "Measuring the Racial Unevenness of Law School," Jonathan Feingold and Doug Souza introduce and analyze the concept of racial unevenness, which refers to the particularized burdens an individual encounters as a result of her race. These burdens, which often arise because an individual falls outside of the racial norm, manifest across a spectrum. At one end lie obvious forms of overt and invidious racial discrimination. At the other end, racial unevenness arises from environmental factors and institutional culture independent from any identifiable perpetrator. As the authors detail, race-dependent burdens can arise in institutions and communities that expressly promote racial …


Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer Jan 2010

Introduction: Challenging The School-To-Prison Pipeline, Deborah N. Archer

NYLS Law Review

No abstract provided.


Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda Jan 2008

Simply Put: How Diversity Benefits Whites And How Whites Can Simply Benefit Diversity, Angela Mae Kupenda

Journal Articles

Although there are surmountable legal barriers to racial integration in education, fuller integration is possible. But first, whites must see how they benefit from diversity, and, second, whites must take simple steps toward integration that may, in turn, reveal to whites their desire to become more fully integrated. These two steps may help remove the limiting point to true integration.


Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones Jan 2008

Plessy's Ghost: Grutter, Seattle And The Quiet Reversal Of Brown, D. Marvin Jones

Articles

No abstract provided.


Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James Jan 2008

Business As Usual: The Roberts Court's Continued Neglect Of Adequacy And Equity Concerns In American Education, Osamudia R. James

Articles

No abstract provided.


Non-Education In America: Gateway To Subsistence Living, Cheryl Page Jan 2008

Non-Education In America: Gateway To Subsistence Living, Cheryl Page

Journal Publications

Dropout rates are the proverbial canary-in-the-coal-mine. If ever there was a predictor of poverty, discrimination, abuse, neglect, inability to parent-in short the suffering of an entire generation-it is the lack of experience and education we are affording our minority students. This lack of education is invariably accompanied by lack of not only opportunity, but sustainability. We have a potential generation of students unable to make their way through life independent of government support. The worst crime in a capitalist society is to leave an entire group without the skill set to compete. Perhaps the biggest hurdle to objectively identifying schools …


When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones Jan 2006

When "Victory" Masks Retreat: The Lsat, Constitutional Dualism, And The End Of Diversity, D. Marvin Jones

Articles

No abstract provided.


For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …


The Unintended Lessons In Brown V. Board Of Education, Derrick A. Bell Jr. Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

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 Nov 2004

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 Nov 2004

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

University of Richmond Law Review

No abstract provided.


The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

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. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen Jan 2002

How To Construct An Underclass, Or How The War On Drugs Became A War On Education, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

The war on drugs has spawned a second front-a war on education. The casualties of this war are all poor or lower-income people who cannot afford to buy a private education. This article details the consequences of this other war, and explores some legislative and litigation strategies for reclaiming educational opportunity for all Americans. First, however, we must set out in more detail the laws and policies that now deploy educational privation as punishment in public schools, colleges, and prisons.


How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor Jan 2000

How Tuberculosis Threatens Supporters And Opponents Of Racial Profiling, Ibpp Editor

International Bulletin of Political Psychology

This article explores peculiarities of logic and reason among supporters and opponents of racial profiling as a tool of developing and implementing public policy.


Do Minorities Really Benefit? The Untold Truth About Vouchers, Marie A. Galindo Jan 1999

Do Minorities Really Benefit? The Untold Truth About Vouchers, Marie A. Galindo

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier Dec 1951

The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier

Michigan Law Review

Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …