Race-Conscious Remedies
Resource Site 
 
 
Education and Desegregation Resource Page
 
 
 
 
     In 1954, after the Supreme Court handed down its landmark decision in Brown v. Board of Education, schools across the South braced for the inevitable … integration.  Integration was met with resist across the nation.  In theory, Brown marked the end of de jure segregation.  In reality, de facto segregation took its place.  Over 30 years after Brown and the United States formally ended segregation in America’s educational institutions, segregation has made a comeback (if it was ever gone) without any fanfare, without so much as peep.  The silence from across the nation has been deafening.  This is especially surprising since a large number of America’s children are going to schools under conditions similar to or worse than the pre-Brown era.  Crumbling, dilapidated schools, outdated books, poorly trained and overworked teachers, overcrowded classrooms and special education programs that are overflowing with poor Black and Latino children are now standard fare in America’s schools.

    It is our hope that the legal cases, law review and newspaper articles and web site links we have gathered may assist you in your analysis and allow you to develop your own informed opinion. This section of the race-conscious remedies resource site provides readers with many resources that will put education and desegregation in a clearer perspective.  This site not only provides readers with the historical context of the education struggle for minorities, but also offers resources to alternative remedial measures to protect minorities in this day of civil rights retrenchment.  This site promises to be informative and enlightening on education jurisprudence and on the issues that face minorities in this field as we approach the new millennium.

 
 

 

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Education Cases
 
Historical Cases Most Recent Cases
Plessy v. Ferguson 
163 U.S. 537 (1896)
U.S. v. Fordice, 
505 U.S. 717 (1992)
Sweatt v. Painter 
339 U.S. 629 (1950)
Missouri v. Jenkins, 
115 S. Ct. 2038 (1995)
Brown v. Board of Education 
347 U.S. 483 (1954) (I),  
349 U.S. 294 (1955) (II)
Hopwood v. State of Texas 
78 F. 3d. 932 (5th Cir. 1996)
Green v. County School Board of New Kent County 
391 U.S. 430 (1968)
Eisenberg v. Mongomery Public Schools, 
19 F. Supp. 2d. 449 (1998)
Swann v. Charlotte-Mecklenburg Board of Education 
402 U.S. 1 (1971)
 Wooden v. Board Of Regents Of The University System Of Georgia, 
32 F. Supp. 2d. 1370 (1999)
Podberesky v. Kirwan, 
38 F.3d 147 (4th Cir. 1994), cert. denied 
514 U.S. 1128 (1995)
 
Milliken v. Bradley 
418 U.S. 717 (1974) (I),  
433 U.S. 267 (1977) (II)
 
Regents of the University of California v. Bakke 
438 U.S. 265 (1978)
 
   
 *Cases provided courtesy of FindLaw.

 
 

 

 

News Articles
 
End Of Race Decree Sparks Ideas To Aid Black Youths S.F. After-School Programs, Parent Involvement Touted by Venise Wagner, San Francisco Examiner, Monday, April 19, 1999 
REVIEW & OUTLOOK (Editorial), California Dreams, The Wall Street Journal,  
Tuesday, April 13, 1999
Quality Education Seen as Vehicle to Integration by Judith Nygren & Michael O'Connor, Omaha World-Herald, Sunday, April 11, 1999 
 
Is U.S. Education Returning to Segregation? The Salt Lake Tribune, Saturday, April 12, 1997
Racial Segregation: Institution of the Past, Problem of the Present, by Eran Mukamel, February 25, 1997
SEGREGATION ANXIETY: A Court Rules That Hartford's Troubled Schools Cannot Look to the White Suburbs for Salvation, by Elizabeth Gleick, TIME Domestic, April 24, 1995
A Case For School Segregation? Part 2 by Earl Ofari Hutchinson 
 
 
 
 
     
Journal and Law Review Articles
 
BUSING DEBATE COMES FULL CIRCLE, CHARLOTTE SYSTEM FACES A FEDERAL TRIAL by David E. Rovella 

The National Law Journal, Volume 21, Number 35, Monday, April 26, 1999

THE CONSTITUTIONALITY OF RACE-CONSCIOUS ADMISSIONS PROGRAMS IN PUBLIC ELEMENTARY AND SECONDARY SCHOOLS 

112 Harv. L. Rev. 940, Harvard Law Review, February, 1999

CIVIL RIGHTS PERESTROIKA: INTERGROUP RELATIONS AFTER AFFIRMATIVE ACTION by Linda Hamilton Krieger   

86 Calif. L. Rev. 1251, California Law Review, December, 1998

BLIND LEADING THE "COLORBLIND:" THE EVISCERATION OF AFFIRMATIVE ACTION AND A DREAM STILL DEFERRED by Amy L. Knickmeier  

17 N. Ill. U. L. Rev. 305, Northern Illinois University Law Review, Spring, 1997

 "Deepening Segregation in American Public Schools," by Gary Orfield, Harvard University; Mark D. Bachmeier, David R. James and Tamela Eide, Indiana University, Harvard Project on School Desegregation
 
 
 
 
 

 

   
Food For Thought
Discussions on Topics of Interest in Education
 
 
Enter Food For Thought Instruction Page with a Link to Discussion Forum
 
 
 
 
 
 
 
 
Links to Other Education Pages
Affirmative Action Review Report to the PresidentSubmitted in 1995 by George Stephanopoulos, Senior Adviser to the President for Policy and Strategy and Christopher Edley, Jr., Special Counsel to the President   
This site is useful to see how affirmative action information is disseminated to those in power. The report contains a hyperlinked outline of the report, from affirmative action history, policy justifications, empirical evidence, and affirmative action history in the military.
American Association of University ProfessorsThis site contains AAUP resolutions on affirmative action, several older affirmative action reports, and newer articles on topics such as diversity and the recent Piscataway case. 
Black Issues In Higher Education is the Nation's only news magazine dedicated exclusively to minority issues in higher education. 
 
 
 

 
 
 
 
  

  
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This page was last updated on 25 May 1999