Under the Law: Segregation and secession

2019 ◽  
Vol 100 (5) ◽  
pp. 74-75 ◽  
Author(s):  
Julie Underwood
Keyword(s):  
School Districts ◽  
Cultural Landscape ◽  
Board Of Education ◽  
School Segregation ◽  
Racial Isolation ◽  
Predominately White ◽  
Diverse Student ◽  
The Face ◽  
The Law ◽  
Student Bodies

Although Brown v. Board of Education was supposed to end the practice of school segregation, the current legal and cultural landscape makes it difficult for schools to remain diverse in the face of continued and growing racial isolation of U.S. neighborhoods. In fact, some predominately White communities are creating their own school districts, intentionally separating themselves from districts with more diverse student bodies. Julie Underwood explains where the law stands today and discusses the secession movement in Gardendale, Ala.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

Under the law: Masking reality

2021 ◽  
Vol 103 (3) ◽  
pp. 64-65
Author(s):  
Robert Kim
Keyword(s):  
School Districts ◽  
Disease Control ◽  
Vaccination Status ◽  
Legal Decisions ◽  
Legal Questions ◽  
The Law ◽  
Centers For Disease Control ◽  
K 12

The Centers for Disease Control and Prevention’s recommendation that students, staff, and visitors at K-12 schools wear masks indoors, regardless of their COVID-19 vaccination status, led numerous states to issue mask mandates for some or all K-12 schools. Most of the remaining states have decided to allow school districts to do whatever they want around masks, but a few banned local mask mandates. These developments invite a number of legal questions about the legality of mask mandates (and bans on those mandates). Robert Kim reviews the legal decisions issued thus far related to mask requirements.

scholarly journals Diversity for Whom? Gentrification, Demographic Change, and the Politics of School Integration

2018 ◽  
Vol 33 (1) ◽  
pp. 16-43 ◽  
Author(s):  
Sarah Diem ◽  
Jennifer Jellison Holme ◽  
Wesley Edwards ◽  
Madeline Haynes ◽  
Eliza Epstein
Keyword(s):  
School Districts ◽  
Economic Integration ◽  
Low Income ◽  
Comparative Case Study ◽  
District Leaders ◽  
Critical Policy Analysis ◽  
School Demographics ◽  
The Face ◽  
Critical Policy

Gentrification and the displacement of low-income residents of color from neighborhoods where they have long resided has accelerated over the last 20 years. In some cities, this process has begun to impact school demographics. Although research shows that school districts experiencing gentrification are responding in ways that fuel segregation and inequality, in some contexts gentrification is viewed by administrators as an opportunity to seek racial and economic integration. In our exploratory comparative case study, we examined districts in gentrifying cities pursuing integration in the face of rapid gentrification. Our critical policy analysis illustrates how district leaders’ diversity efforts can be overshadowed by their desire to appease and attract gentrifying families. Although districts are maintaining or increasing diversity in gentrifying contexts, our study raises broader equity questions that call for further inquiry of within-district equity and the displacement of students.

scholarly journals The Responsibility of Courts in Maintaining the Rule of Law: Two Tales of Consequential Judicial Self-Restraint

2021 ◽  
pp. 155-181
Author(s):  
Pál Sonnevend
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
The European Union ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
Legislative Power ◽  
The Face ◽  
The Law

AbstractModern constitutionalism is based on the paradigm that courts are inherently entitled and obliged to enforce the constitution of the respective polity. This responsibility of courts also applies in the context of the European Union to both the CJEU and national constitutional courts. The present chapter argues that in the face of constitutional crises the CJEU and the Hungarian Constitutional Court shy away from applying the law as it is to the full. The reasons behind this unwarranted judicial self-restraint are most different: the CJEU aims to avoid conflicts with national constitutional courts whereas the Hungarian Constitutional Court has been facing a legislative power also acting as constitution making power willing to amend the constitution to achieve specific legislative purposes or to undo previous constitutional court decisions. Yet both courts respond to expediencies that do not follow from the law they are called upon to apply. It is argued that rule of law backsliding requires these courts to abandon the unnecessary self-restraint and exploit the means already available.

Père Trump

October ◽  
2017 ◽  
Vol 159 ◽  
pp. 3-6
Author(s):  
Hal Foster
Keyword(s):  
Social Media ◽  
Public Sphere ◽  
Print Culture ◽  
Theoretical Concepts ◽  
Fourth Estate ◽  
The Public ◽  
Higher Power ◽  
The Face ◽  
The Law ◽  
The Public Sphere

In the face of Trumpism and its peculiar mix of the buffoonish and the lethal, Foster suggests that we “pump up” past theoretical concepts by raising them to a higher degree. Social media, for example, could thereby be considered the “fifth estate,” a force that outdoes the “fourth estate” of journalistic media and thereby evacuates the last residues of the public sphere that, over fifty years ago, Jürgen Habermas associated with the advent of print culture. Peter Sloterdijk's notion of cynical reason, too, must be raised to a higher power in order to comprehend the Trumpist mentality; perhaps in this post-truth era, we should speak instead of “noncynical unreason”? And while the concept of the “primal father” is so outrageous that it cannot be inflated, Foster argues, it is one that we must grapple with in the face of a figure who, like Freud's figure, embodies the law and simultaneously performs its transgression.

School Desegregation and Resegregation in the Upper South: An Introduction and Overview

2021 ◽  
pp. 000276422110332
Author(s):  
Toby L. Parcel ◽  
Roslyn A. Mickelson
Keyword(s):  
School Districts ◽  
School Choice ◽  
School Desegregation ◽  
Board Of Education ◽  
The Social ◽  
Political Forces ◽  
Similarities And Differences ◽  
Upper South ◽  
Opinion Polls

Despite strong progress toward school desegregation in the late 20th century, many locations in the Upper South have recently experienced school resegregation. The articles in this issue investigate similarities and differences across this region in attitudes underlying these developments. Individual papers treat factors including resident location within and across school districts, as well as the role of school choice. Papers also advocate for combining the results of case studies and opinion polls in elucidating these dynamics. The issue concludes with a look forward regarding the social and political forces that will contribute to whether or not the Supreme Court’s mandate, based on Brown v. Board of Education, will be realized by its 100th anniversary in 2054.

How Has the Legal Consciousness of Chinese Enterprise Managers Transformed since 1949? A Study of Chinese Enterprises under Socialism

2021 ◽  
pp. 1-30
Author(s):  
Alvin Hoi-Chun Hung
Keyword(s):  
Legal Framework ◽  
Political Campaigns ◽  
Legal Consciousness ◽  
Chinese Enterprises ◽  
The Past ◽  
Chinese Enterprise ◽  
Communist System ◽  
Chinese Characteristics ◽  
The Face ◽  
The Law

Abstract This paper analyses how the legal consciousness of Chinese enterprise managers has transformed in the face of drastic changes brought along by major events in socialist China. During the past 70 years, there have been in place a series of radical and pervasive changes in the legal framework constituted by a communist system frequented by mass political campaigns, trailed by a massive liberalized move towards a market economy. By building upon the thesis of legal-consciousness narratives suggested by Ewick and Silbey, this paper discusses how Chinese managers have evolved through various states of “With the Law,” “Against the Law,” and “Under the Law” legal consciousness. It is suggested that, in the coming era of globalization under socialist China, Chinese enterprise managers may start to embrace a new narrative of legal consciousness—“In the Law”—by participating more actively in the socialist system with Chinese characteristics.

Ramona School and the Undereducation of Children in La Colonia

2018 ◽  
Author(s):  
David G. García
Keyword(s):  
Supreme Court ◽  
Mexican American ◽  
Board Of Education ◽  
New Schools ◽  
Predominately White ◽  
Segregated Schools ◽  
Railroad Tracks ◽  
American Children ◽  
The City ◽  
The U.S

This chapter explores the evolution of the White architects' four strategies of segregation from 1939, when they sought voter approval to construct a school east of the railroad tracks, through 1954, when the U.S. Supreme Court ruled that racially segregated schools were inherently unequal and therefore unconstitutional. During this time, the school trustees constructed new schools that maximized the race, class, and east–west geographic divisions in the city and sought to normalize the undereducation of Mexican American children. By 1954—the same year the U.S. Supreme Court ruled in the landmark Brown v. Board of Education desegregation case—the trustees had strategically positioned nine of the district's eleven schools west of Oxnard Boulevard and the railroad tracks in neighborhoods kept predominately White through racial covenants.

Championships and Civil Rights

2019 ◽  
pp. 101-146
Author(s):  
Derrick E. White
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Direct Action ◽  
Black College ◽  
Board Of Education ◽  
Predominately White Institutions ◽  
Structural Racism ◽  
Predominately White ◽  
Racial Change ◽  
White Institutions

This chapter explores how Black college football and FAMU reckoned with the civil rights movement. Gaither preferred interracial cooperation rather than direct action as a means for racial change. The civil rights movement, beginning with Brown v. Board of Education, and including the bus boycotts of the mid-1950s and the sit-ins of the early 1960s, undermined Gaither’s reputation with activists. Gaither’s opposition to immediate desegregation not only was an attempt to hold on to his powerful football program but also showed an understanding of how integration would perpetuate athletic dominance by predominately white institutions. Gaither’s experiences with structural racism in building Bragg Stadium provided an alternative perspective to the civil rights movement.

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