The Niagara Movement marked a sharp ideological and political break with established Black leadership over the proper response to the highest stage of White Supremacy," says Daryl Michael Scott, chair of the Howard University history department and vice president-elect of the Association for the Study of African American Life and History. While some Black leaders had previously questioned Booker T. Washington's general policy of racial accommodation in the face of lynchings, disfranchisement and de jure segregation, the Niagara Movement not only denounced these policies, but also rejected the notion that there should be preconditions for citizenship rights and called for full 'manhood' suffrage.
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...
According to data in the Healthy People 2010 document racial and ethnic minority currently constitute 25% of the total US population (US Department of Health and Human Services). Since the 1980's the elimination de-jure segregation in higher education has resulted in a surge of minority enrollment in PWUs.
... had eliminated the vestiges of prior segregation to the greatest extent practicable. In 2001, the d... dissent elides this distinction between de jure and de facto segregation, casually intimates th...
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 ... Roberts said was governmentally caused (de jure) segregation was not clear. Elements of government...
He argued, "This Court has carved out a narrow exception to that general rule for cases in which a school district has a 'history of maintaining two sets of schools in a single school system deliberately operated to carry out a government policy to separate pupils in schools solely on the basis of race.' Racial imbalance is the failure of a school district's individual schools to match or approximate the demographic makeup of the student population at large," Thomas wrote. "... Racial imbalance is not segregation. Although presently observed racial imbalance might result from de jure segregation, racial imbalance can also result from any number of innocent private decisions, including voluntary housing choices." "This court does not sit to 'create a society that includes all Americans...
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...
The court clearly intended to condemn only school segregation that resulted from intentionally imposed public policy. Although the American ideal was racially integrated public schools, the court took no action against segregated schools which resulted from housing patterns. Only "de jure" segregation was condemned by the court while "de facto" segregation was legally permissible. The problem is that the battle over school integration creates the impression in black and Latino students' minds that their schools are inexorably inferior. The distinction between de jure and de facto is lost. The idea that predominates is Chief Justice [Earl Warren]'s pithy statement that "separate educational facilities are inherently unequal.
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.
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