[...] the article traces the history of education for the disabled and discusses progressive developments in foster care that allow a child's educational records to move between placements along with him. First Amendment Rights in America's Public Schools: Confronting Extralegal Obstacles to Integration; Maria Blanco, The Impact of the Supreme Court's Decision in Parents Involved on California's Anti-Affirmative Action Law and California's Constitutional Mandate to Reduce De Facto Segregation; Maria Goins, Reflections on the Shame of the Nation:
Other works have examined the failure of desegregation, especially in schools and neighborhoods, and the resiliency of white supremacy and Black poverty, while newer scholarship has focused on the movement in the North, collapsing the distinction between de jure and de facto segregation and uncovering the pervasiveness of racial discrimination as a national, not merely a southern, phenomenon. Black organizing tradition, a tradition that scholars often ignore in their emphasis on mobilizing events, those dramatic moments featured in the media.11 This media-driven history has given us good theater but often obscures what each of these books so movingly conveys: that ordinary people are capable ot extraordinary contributions to social change.
This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil-rights and criminal-justice strategies in cases of racially-motivated violence. To that end, this Article revisits the prosecution and defense of the Jena Six in the hope of uncovering the professional norms of practice under de jure and de facto conditions of racial segregation, a set of norms I call Jim Crow legal ethics. Jim Crow ethical norms cond...
Chief Justice John Roberts, writing for the majority, reviewed precedents from the 1955 remedy phase of the [Brown] case (known as the second Brown decision) - which created the insidious "all deliberate speed" formula for desegregating southern schools-through the 2003 University of Michigan cases, in which Justice Sandra Day O'Connor barely saved the consideration of race as a means to increase diversity at the university level. According to Roberts, educating children in a racially integrated environment and ensuring non-white students' access to desirable schools was different, according to the chief justice. "Racial balancing," or seeking to remedy "past societal discrimination," was just another way of discriminating on the basis of race. To Justice Clarence Thomas, concurring wit...
... have used racial criteria to reduce segregation, must undo their efforts or themselves be branded ... what Roberts said was societally caused (de facto) segregation in Seattle and Louisville and what Ro...
I am the last of eight sons in a close-knit New Orleans family. My parents were active in church and community affairs. The unquestioned sense of community in the 7th Ward where my family lived is difficult to put into words. Los Angeles' de facto segregation was as pervasive as de jure segregation in the South. Most Blacks lived on the eastside, i.e., east of Main Street in a circumscribed but congenial, supportive environment. One of the ironies of "integration" is that congeniality and "togetherness," byproducts of segregation, will likely never be seen again. I went to virtually all Black schools on the eastside but had the misfortune of being sent to Fremont High, located south of Slauson Avenue, which at that time was the Mason-Dixon line; very few blacks lived there. When my olde...
Francis Mellon, the lead attorney for the respondents in Meredith, is not shy in proclaiming that the aims of the [Jefferson county] school board are to "ameliorate racial stereotypes and promote cross-racial understanding. The Jefferson County School district operates something called "managed choice." Parents are offered a choice from a cluster of schools. If they choose a school outside of their cluster admission is based on several criteria one of which is race. In order to maintain a racial mix that reflects the community the district has determined that no school should have less than 15 percent or more than 50 percent non-white enrollment. Neither the Jefferson County School District nor the Seattle School district argues that de facto segregation results in inferior education f...
[Brown] also examined the impact segregation had on the psyche and self-esteem of black children. It was these "black doll, white doll" arguments that served as a turning point in the case. Schools were ordered desegregated, white folk resisted (the massive resistance movement being the biggest impediment to progress-and the most understudied segment of the period). The Supreme Court came back a year later in 1955 and ordered school districts to submit to the desegregation plan and to comply with "all deliberate speed" which Thurgood Marshall would later say, when he was on the Supreme Court, that he finally understood what "deliberate" meant, it meant...slow. It meant more than that. Brown was one of those miracles that came about at just the right time. The first time it was argued in...
... "all men were created equal." Though de facto segregation (separation by residential patterns) i...
Two weeks ago, the Supreme Court - by a 5 to 4 majority - declared unconstitutional voluntary programs that assigned students by race to individual schools to racially balance the public school districts of Seattle, Washington and Louisville, Kentucky. The high Court's decision was split along ideological lines, with Justice Clarence Thomas siding with the conservative majority. While not completely shutting the door on the historic 1954 Brown decision, the Roberts Court threatens to restore a climate of de facto segregation in public education, shielded by law .The Supreme Court, under Chief Justice Earl Warren, unanimously ruled public school segregation to be unconstitutional in Brown ? Board of Education. The Court held that "in the field of public education the doctrine of 'separat...
There are constitutional restrictions on social engineering to create racial balance in public schools. The 1954 Brown v. Board of Education decision concluded that "in the field of public education the doctrine of 'separate but equal' has no place. Separate educational facilities are inherently unequal." Nonetheless, the U.S. Supreme Court had the authority in that case to intervene only when the separation was sanctioned by law. The federal district court concluded that racial diversity is a "compelling state interest" as American society becomes increasingly multicultural. The goals of "preparing students to be citizens in a multicultural society and eliminating the concrete harmful consequences that de facto segregation inflicts on a public school system" were held to be sufficientl...
In this American multi-cultural mosaic, it may even seem that HBCUs represent a continued legacy of de facto segregation perpetrated by people of color. These arguments, though rooted in the fertile soil of logic, fail to consider many of the intangible benefits and attributes that the HBCU offers to its students and the community at large. These intangible benefits and attributes were the motivating factors in my choosing an HBCU, and much of who T am tot lay is the result of that choice. I knew I was going to Howard University by my sophomore year in high school. Though the majority of the students who attended my competitive and academically rigorous high school had set their sights on the prestigious courtyards of the Ivy League, the Mecca of black colleges beckoned me to walk its h...
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