Desegregation Policy and the Law

Author:

Armor David J.

Abstract

Between the landmark Brown v. Board of Education decision in 1954 and Supreme Court decisions in 1991 and 1992, civil rights laws and policies, especially those affecting schools, have undergone dramatic transformations and fluctuations. After the elegantly straightforward but unprecedented principles propounded in Brown, which have not been seriously challenged in their application to schools, the Court entered what might be called the conceptual swamp of remedy. In a series of major school desegregation decisions during the 1970s, the Supreme Court grappled with a host of complex legal issues involving the definition of desegregation, the nature of remedies, the obligations of school districts, and the remedial powers of the lower courts. The period was marked by divided Supreme Court panels; conflict among numerous lower courts; intense debate among political groups, legal scholars, and social scientists; and heated controversy—and sometimes violence—in affected communities. These battles and disputes were not over the basic principles of Brown but over how school segregation should be remedied. In view of the difficult and often emotional questions involved, it is not surprising that the evolution of school desegregation law has followed a tortuous and convoluted path. Given the basic constitutional principle of nonracial classifications promulgated by Brown and related cases, there was little indication that the principle would be turned on its head in 1968 by Green v. New Kent County and the concept of affirmative integration and, even more explicitly, by the 1971 decision in Swann v. Charlotte-Mecklenburg Board of Education, which fostered policies of racial balance and racial quotas—in effect, a race-conscious policy of forced integration. In 1973 many people were surprised, if not shocked, when the Supreme Court applied the Swann concepts of mandatory busing and racial balance to northern school systems, most of which never had the statemandated “dual” school systems of the South (Keyes v. Denver). Then, when mandatory busing appeared likely to become commonplace and permanent throughout the country, the 1974 decision in Milliken v. Bradley severely restricted remedies by excluding the white suburbs surrounding the predominantly black Detroit schools.

Publisher

Oxford University Press

Cited by 2 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

同舟云学术

1.学者识别学者识别

2.学术分析学术分析

3.人才评估人才评估

"同舟云学术"是以全球学者为主线,采集、加工和组织学术论文而形成的新型学术文献查询和分析系统,可以对全球学者进行文献检索和人才价值评估。用户可以通过关注某些学科领域的顶尖人物而持续追踪该领域的学科进展和研究前沿。经过近期的数据扩容,当前同舟云学术共收录了国内外主流学术期刊6万余种,收集的期刊论文及会议论文总量共计约1.5亿篇,并以每天添加12000余篇中外论文的速度递增。我们也可以为用户提供个性化、定制化的学者数据。欢迎来电咨询!咨询电话:010-8811{复制后删除}0370

www.globalauthorid.com

TOP

Copyright © 2019-2024 北京同舟云网络信息技术有限公司
京公网安备11010802033243号  京ICP备18003416号-3