Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

This article examines the historical relationship between political power and the pursuit of education and social equality from the Reconstruction era to the present. The chief argument is that education equality is historically linked to and even predicated on equal political power, specifically, equal access to the franchise and instruments of…

Building on the premise that closing achievement gaps is an economic imperative both to regain international educational supremacy and to maintain global economic competitiveness, I ask whether it is possible to rewrite the social contract so that education is a fundamental right--a statutory guarantee--that is both uniform across states and…

With the rise of the Cold War, federal officials in the United States sought to end the racial segregation that the U.S. Supreme Court had accepted in the 1896 decision of "Plessy v. Ferguson." Although the reforms began with changes in the armed services, they moved to reduce racial segregation in schools. Many forces brought about the…

With the triumph of Tea Party candidates and other conservatives in 2010, many in the new Congress are pressing to get the federal government out of education. Eliminating or curtailing federal involvement in education would be a wrong-headed, simplistic move for several reasons: (1) It ignores the nation's history; (2) It would erode the state…

Sixty years ago, federal guidelines regarding the instruction of special populations in American public schools were nonexistent. Racial minorities, language minorities, women, the poor, and those with physical and mental disabilities had not been identified as groups that needed special protections. Much has changed since then. Federal…

Congress's role in defining and promoting equality of educational opportunity has evolved over the past 55 years since "Brown v. Board of Education." Most recently, all three branches of the federal government have focused more on equality of educational opportunity for "individual" students rather than for protected classes.…

After the 2003 U.S. Supreme Court decisions on the University of Michigan admission cases, which struck down racial preferences and quotas in Michigan's undergraduate and law school admission, several groups have challenged race-conscious admission, school placement policies and academic support programs. Even the federal government has challenged…

Though the impact of the cold war on the civil rights movement continued long after the desegregation crisis in Little Rock, the timing of the events in Arkansas, particularly the events at Central High School, constituted a unique moment in the history of the cold war. Up until the fall of 1957, the Soviet Union had been perceived as less…

The federal government has been important in developing and enforcing school desegregation law, including "Brown v. Board of Education of Topeka, Kansas". The ambiguity of the "Brown" decision has allowed considerable flexibility in defining and remedying discrimination. The U.S. Department of Justice must protect the gains…