De Jure Segregation

2013 ◽  
Author(s):  
Betty Cox
Keyword(s):  
De Jure Segregation

Legally White, Socially “Mexican”: The Politics of De Jure and De Facto School Segregation in the American Southwest

2012 ◽  
Vol 82 (2) ◽  
pp. 202-225 ◽  
Author(s):  
Rubén Donato ◽  
Jarrod Hanson
Keyword(s):  
Mexican Americans ◽  
Mexican American ◽  
State Level ◽  
American Southwest ◽  
Boards Of Education ◽  
School Segregation ◽  
School Officials ◽  
State Statutes ◽  
De Jure Segregation ◽  
History Of

The history of Mexican American school segregation is complex, often misunderstood, and currently unresolved. The literature suggests that Mexican Americans experienced de facto segregation because it was local custom and never sanctioned at the state level in the American Southwest. However, the same literature suggests that Mexican Americans experienced de jure segregation because school officials implemented various policies that had the intended effect of segregating Mexican Americans. Rubén Donato and Jarrod S. Hanson argue in this article that although Mexican Americans were legally categorized as “White,” the American public did not recognize the category and treated Mexican Americans as socially “colored” in their schools and communities. Second, although there were no state statutes that sanctioned the segregation of Mexican Americans, it was a widespread trend in the American Southwest. Finally, policies and practices historically implemented by school officials and boards of education should retroactively be considered de jure segregation.

Political Interpretations of ‘Racial Segregation’ in Britain

1988 ◽  
Vol 6 (4) ◽  
pp. 423-444 ◽  
Author(s):  
S J Smith
Keyword(s):  
Racial Segregation ◽  
Postwar Period ◽  
Racial Inequalities ◽  
Residential Differentiation ◽  
De Jure Segregation ◽  
History Of ◽  
Politics Of Race ◽  
Residential Space ◽  
Black Britons

Perhaps because Britain has no history of de jure segregation, the politics of ‘race’ have received little attention in theories of residential differentiation based on the experience of that country. Segregation has, however, been of concern to British politicians throughout the postwar period. In this paper it is shown how, and it is suggested why, their responses have inadvertently sustained rather than ameliorated racial inequalities in the structure of residential space. It is argued that the politics of ‘racial segregation’ have played a key role in undermining the rights of citizenship to which black Britons are entitled.

Herbert Hill

2017 ◽  
Author(s):  
Nelson Lichtenstein
Keyword(s):  
Labor Unions ◽  
Labor Relations ◽  
Workplace Discrimination ◽  
National Labor Relations Board ◽  
Colored People ◽  
Legal Remedies ◽  
Politics And Religion ◽  
De Jure Segregation ◽  
Federal Contracts ◽  
Employment Rights

This chapter presents a portrait of Herbert Hill, who identified himself as “an unreconstructed abolitionist.” As labor secretary of the National Association for the Advancement of Colored People (NAACP), he was a combatant in a war against men and women who, by history, politics, and religion, should have been in his camp. Hill was a brilliant and determined crusader who made the most of the limited legal remedies available against workplace discrimination in the 1950s and 1960s. He brought actions before the National Labor Relations Board to decertify unions that violated the nondiscrimination provision in federal contracts, and he carried cases against both labor unions and employers to state antidiscrimination commissions. Hill consciously fashioned this employment rights campaign after the larger NAACP fight to dismantle de jure segregation and discrimination in education, housing, and at the ballot box. He drafted an effective and widely distributed NAACP Labor Manual that described the complex gamut of discrimination tactics in the workplace and advised African Americans that the NAACP was ready to aid them in their fight against such inequities.

The Muddled Distinction Between De Jure and De Facto Segregation

2020 ◽  
Author(s):  
Elise C. Boddie
Keyword(s):  
Public Schools ◽  
School Districts ◽  
Constitutional Law ◽  
Federal Courts ◽  
Community Schools ◽  
Jefferson County ◽  
Legal Narratives ◽  
De Jure Segregation ◽  
The Government ◽  
The U.S

In 2007, the U.S. Supreme Court in Parents Involved in Community Schools v. Seattle School District No. 1 declared unconstitutional voluntary, race-based plans to integrate public schools in Jefferson County, Kentucky and Seattle, Washington. The decisionrested on a critical distinction in constitutional law between “de jure” segregation—resulting from purposeful discrimination by the government—and “de facto” racial imbalance derived from unintentional or “fortuitous” actions by state and private entities. The Court held that de facto school districts could not voluntarily assign students to schools according to their race for purposes of promoting integration. In a vigorous dissent, Justice Breyer argued the “futility” of the de jure–de facto distinction, contending that both districts should have been afforded the constitutional flexibility to pursue voluntary remedies that address racial imbalance in their schools. This chapter takes up Justice Breyer’s dissent to explore the complicated origins of school segregation outside the South and the federal cases that adjudicated its constitutionality. Its central contribution is to recover the often confusing legal narratives about segregation in the period after Brown and how federal courts struggled to discern the constitutional boundaries between de jure and de facto discrimination. The chapter briefly describes the constitutional turns that facilitated the Court’s decision in Parents Involved, including the advent of the intent requirement in equal protection and “colorblindness” doctrine, which treats any use of race as presumptively unconstitutional, regardless of its integrative purpose.

scholarly journals Law, Society, Identity, and the Making of the Jim Crow South: Travel and Segregation on Tennessee Railroads, 1875–1905

1999 ◽  
Vol 24 (02) ◽  
pp. 377-409 ◽  
Author(s):  
Kenneth W. Mack
Keyword(s):  
Jim Crow ◽  
American South ◽  
Theoretical Perspectives ◽  
De Jure Segregation ◽  
Identity Based ◽  
The American South ◽  
Southern Society ◽  
And Gender ◽  
Jim Crow South ◽  
Modern Era

This article reexamines the well-known debate over the origins of de jure segregation in the American South, which began in 1955 with the publication of C. Vann Woodward's The Strange Career of Jim Crow. Arguing that the debate over Woodward's thesis implicates familar but outmoded ways of looking at sociolegal change and Southern society, the article proposes a reorientation of this debate using theoretical perspectives taken from recent work by legal historians, critical race theorists, and historians of race, class, and gender. This article examines the advent of railroad segregation in Tennessee (the state that enacted the nation's first railroad segregation statute) in order to sketch out these themes, arguing that de jure segregation was brought about by a dialectic between legal, social, and identity-based phenomena. This dialectic did not die out with the coming of de jure segregation; rather it continued into the modern era.

scholarly journals The Integration of Schools in Lee County, Florida

2019 ◽  
Vol 21 (1) ◽  
Author(s):  
Julian Cutler Valdivia
Keyword(s):  
Historically Black ◽  
Jim Crow ◽  
American South ◽  
The United States ◽  
Black History ◽  
Black Communities ◽  
De Jure Segregation ◽  
History Of ◽  
The American South ◽  
The City

Fort Myers, Florida, is one of the fastest growing parts of the United States yet historians have paid little attention to the area. This is especially true of the historiography surrounding Dunbar-Heights, the historically Black sections of the city. Despite having one of the largest Black communities between Tampa and Miami, there is scant information on how de jure segregation operated and ended in Southwest Florida. The research provided here fills this historiographical gap using oral histories that give us a glimpse into Florida’s not so distant past. This methodology enables the Dunbar Community to tell a new Black history of Fort Myers. Collectively the speakers presented in this piece help explain how Jim Crow influenced the integration of schools into the 1970s. This history of Fort Myers reminds Floridians of how connected SWFL was with the rest of the state and how deeply intertwined Florida was with the American South.

De Facto Segregation and the Digital Divide

2021 ◽  
pp. 145-160
Author(s):  
Fawzia Reza
Keyword(s):  
United States ◽  
Critical Thinking ◽  
Learning Environment ◽  
Digital Divide ◽  
21St Century ◽  
Economic Status ◽  
The United States ◽  
Playing Field ◽  
Socio Economic Status ◽  
De Jure Segregation

While de jure segregation is illegal in the United States, many school systems still enforce a form of de facto segregation, based on various factors including socio-economic status. This causes disparity in educational outcomes, especially when examined through the lens of skills identified by the partnership for 21st century learning (i.e., critical thinking, communication, collaboration, and creativity). A digital divide, which has been created by unequal access to technology, is directly responsible for an uneven playing field for disadvantaged students, and the COVID-19 crisis has exacerbated existing inequalities. Suggestions regarding how to reduce the digital divide are shared; implementing these might create a more equitable learning environment for all students.

The Effectiveness of Desegregation Remedies

1995 ◽  
Author(s):  
David J. Armor
Keyword(s):  
School System ◽  
School Desegregation ◽  
Federal Court ◽  
Social Scientists ◽  
De Jure Segregation ◽  
Court Intervention ◽  
Definition Of ◽  
School Operations ◽  
Type Of School ◽  
Difficult Issue

In the complex body of case law on school segregation and desegregation, there has been one enduring feature in an otherwise variable landscape. If a school board is held liable for intentionally segregating its schools, then a federal court is obliged to order remedies that “restore the victims of discriminatory conduct to the position they would have occupied in the absence of such conduct.” While legal scholars may disagree over the meaning of intentional segregation and social scientists may argue about the benefits of desegregation, no federal court since the 1971 Swann decision has failed to order some type of school desegregation remedy after finding de jure segregation. What constitutes an acceptable remedy? Three distinct but interrelated questions have dominated legal and social science discussions about desegregation remedies. The first is the proper scope of a remedy, particularly the conditions that trigger a systemwide desegregation plan, such as mandatory busing, that affects all schools. The second concerns the definition of desegregation and the standards that should be applied to judge whether a school or a school system is desegregated. The third is the effectiveness of particular types of plans or techniques in eliminating the dual school system and its vestiges as found by a court. Without question, the central and most difficult issue in effectiveness is the attainment of desegregated student bodies, given an appropriate standard for defining a desegregated school. All three of these areas have been subjected to vigorous debates over such concerns as the degree of court intervention in school operations, how desegregation should be measured, the problem of white flight, and the effectiveness of mandatory versus voluntary desegregation techniques. Although these issues are covered in a general way by a host of court doctrines and standards, laws, and regulations, there is much room for variations and disagreement on the specifics of desegregation remedies. There are, of course, legitimate differences among affected parties and constituencies on the questions of scope, definitions, and the types of outcomes for evaluating the effectiveness of a given desegregation remedy.

Sign in / Sign up

Export Citation Format

Share Document