Voluntary integration in uncertain times

2019 ◽  
Vol 100 (5) ◽  
pp. 14-18
Author(s):  
Jeremy Anderson ◽  
Erica Frankenberg

Sixty-five years after the landmark U.S. Supreme Court case Brown v. Board of Education, the federal and judicial role in school desegregation has declined. In a more difficult political and legal environment, it has fallen on school districts to develop and implement voluntary integration plans through diversity-minded student assignment policies. In this article, Jeremy Anderson and Erika Frankenberg discuss how many and what types of voluntary integration policies currently exist in the U.S. and assess how effective they are at reducing racial and socioeconomic segregation.

2013 ◽  
Vol 6 (1) ◽  
pp. 7-14
Author(s):  
Jenna Tomasello

Sexual harassment is often understood as a subjective notion that asks the woman if she has been victimized. This paper argues that we need not ask women if they are victims by conceptualizing sexual harassment as an objective notion that holds the perpetrator accountable for his actions. In making my case, I will apply an objective conception of sexual harassment to the U.S. Supreme Court case Meritor Savings Bank v. Vinson by drawing on the feminist view of sexual harassment given by Anita Superson and the role of equality and autonomy as motivated by Ronald Dworkin and James Griffin, respectively.


Author(s):  
Richard A. Rosen ◽  
Joseph Mosnier

This chapter examines Chambers's and his firm's immense contributions to the legal campaign to end school desegregation in the U.S. Chambers filed federal lawsuits against scores of recalcitrant school districts across North Carolina. His most significant victory was the landmark Swann v. Charlotte-Mecklenburg Board of Education ruling from the U.S. Supreme Court in 1971, hailed as the most significant schools ruling since Brown v. Board of Education in 1954. Litigating Swann at trial, Chambers convinced federal District Court Judge James B. McMillan to authorize the busing and other remedies to overcome a system of racially dual schools. Later, still just 34-years old, Chambers argued the case for the Legal Defense Fund at the U.S. Supreme Court. Chief Justice Warren Burger's unanimous opinion appeared an unqualified endorsement by the High Court of the use of aggressive remedies finally to defeat school desegregation. By the mid-1970s Charlotte had come to serve as a national model of successful transition to desegregated schools.


2016 ◽  
Vol 118 (3) ◽  
pp. 1-30
Author(s):  
Terrance L. Green ◽  
Mark A. Gooden

Background/Context Milliken v. Bradley (1974) (Milliken I) is a pivotal Supreme Court case that halted a metropolitan school desegregation remedy between Detroit and 53 surrounding suburban school districts. In a 5-4 Supreme Court decision, the Milliken ruling was a significant retraction from the landmark Brown v. Board (1954) (Brown I) ruling that 20 years earlier deemed state imposed racially segregated schools unequal and unconstitutional. The effects of the Milliken decision neutralized school desegregation efforts in the United States, especially in the North. We, therefore, revisit the significance of Milliken over 40 years later. Purpose The purpose of this study is to examine the context and contradictions in Milliken. In doing so, we review select federal school desegregation cases that informed the judicial and plaintiff's thinking in Milliken, and provide an in-depth description of the city of Detroit and Detroit Public Schools, prior to and during Milliken. We also analyze how the Milliken decision reinforced what we refer to as the “contours of privilege” as well as materialized property rights for white, suburban students and school districts at the expense of African American students in Detroit Public Schools. Research Design and Methods A qualitative content analysis was employed for this study. Our analysis draws on a review of existing literature about Milliken beginning in 1970, policy documents, legal filings, and local newspaper articles on the case. We use critical race theory's whiteness as property to guide this analysis. Conclusion The findings suggest that the Supreme Court protected white, suburban students’ educational rights and interests in Milliken. This was accomplished through the contours of privilege as reproduced in Milliken, which include acknowledging inequity but not disturbing racially inequitable systems, restricting black educational rights and perpetuating white privilege, and exercising the right to maintain dual educational systems. The study concludes with policy implications in light of Milliken.


Author(s):  
William P. Hustwit

Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South’s public schools. Although Brown v. Board of Education has rightly received the lion’s share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required “integration now,” and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington.


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