In "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College ("SFFA")," the United States Supreme Court revisited an issue that had been litigated before it twenty years earlier. In two separate cases brought against the University of Michigan, the issue was whether it was a violation of the Constitution…

This article provides historical and legal context for recent U.S. Supreme Court school desegregation decisions. The Supreme Court's race-based and race-neutral arguments from "Brown" (1954) to "Parents Involved" (2007) are examined within their broader context. Policy implications and potential support for diversity goal…

Under Federal law, State and local educational agencies (hereinafter "districts") are required to provide all children with equal access to public education at the elementary and secondary level. Thie Dear Colleague letter was written to remind school districts of the Federal obligation to provide equal educational opportunities to all…

This article reviews the impacts of the civil rights policies framed in the 1960s and the anti-civil rights political and legal movements that reversed them. It documents rising segregation by race and poverty. The policy reversals and transformation of U.S. demography require a new civil rights strategy. Vast immigrations, the sinking White…

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

Over the past thirty-five years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in "Brown v. Board of Education". "Courts and Kids" is the first detailed analysis…

An extensive literature debates the causes and consequences of the desegregation of American schools in the twentieth century. Despite the social importance of desegregation and the magnitude of the literature, we have lacked a comprehensive accounting of the basic facts of school desegregation. This paper uses newly assembled data to document…

An extensive literature debates the causes and consequences of the desegregation of American schools in the twentieth century. Despite the social importance of desegregation and the magnitude of the literature, we have lacked a comprehensive accounting of the basic facts of school desegregation. This paper uses newly assembled data to document…

Reviews the Supreme Court's decision in "Swann v. Charlotte-Mecklenburg Board of Education" affirming court-ordered desegregation to remedy government-sanctioned desegregation. Discusses decision by the Fourth Circuit Court of Appeals that ended federal court supervision of the Charlotte-Mecklenburg School District's efforts to achieve…

Address the need to remedy the disparity in academic achievement of black and white students and examines why this disparity continues to exist in spite of the desegregation decrees issued under "Brown." Reviews how a court decides whether a school district has complied with a desegregation decree. Explains why schools are being released…

Interviews with Ruby Bridges Hall, Ronald Deskins, and Carlotta Walls LaNier, who were among those charged with integrating public schools after the Supreme Court's "Brown" decision. Thirty-some years later, they reflect on how far they think desegregation and American's attitudes toward racism have come in the ensuing years. (MLF)

Thirty-eight years have elapsed since the "Brown" decision outlawing public school segregation. Part 1 reveals three clearly identifiable periods of judicial development. Part 2 treats unanswered questions and attitudes of school officials pre-"Dowell." Part 3 examines the post-"Dowell" period to the present and…

Places current controversies over affirmative action and higher education desegregation in the historical context of legal challenges to the U.S. racial social order. With a specific focus on the role of federal courts, the article provides an overview of the legal cases and issues involved in efforts to address the effects of segregation and…

The principle that seems to underlie the Court's school desegregation cases is that racial criteria may be used to make one person better off than another unless constitutionally-recognized expectations of the latter person are frustrated. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati, Cincinnati, OH…

Examines the judicial attempt to provide equal educational opportunity, questions the basic premises upon which judicial intervention is based, and concludes that the goals of the intervention must be reconsidered before an effective education can be provided for all. (Author/SF)