The Courts, Social Science, and School Desegregation

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Betsy Levin, Willis D. Hawley
Transaction Publishers, 1977 M01 1 - 432 páginas

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FOREWORD
1
JUDICIAL EVOLUTION OF THE LAW OF SCHOOL INTEGRATION SINCE BROWN V BOARD OF EDUCATION
7
AN ANNOTATED GUIDE
50
RANDOM REMARKS ON THE ROLE OF SOCIAL SCIENCES IN THE JUDICIAL DECISIONMAKING PROCESS IN SCHOOL DESEGREGATIO...
134
A PERSONAL COMMENT
150
THE OBSERVATIONS OF A JOURNEYMAN TRIAL JUDGE
157
RESIDENTIAL SEGREGATION AND ITS IMPLICATIONS FOR SCHOOL INTEGRATION
164
THE JURISPRUDENCE OF BUSING
194
THE ROLE OF SOCIAL SCIENCE EVIDENCE
217
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Página 138 - We consider the underlying fallacy of the plaintiff's argument to consist in the assumption that the enforced separation of the two races stamps the colored race with a badge of inferiority. If this be so, it is not by reason of anything found in the act, but solely because the colored race chooses to put that construction upon it.
Página 152 - ... so far inferior that they had no rights which the white man was bound to respect; and that the Negro may justly and lawfully be reduced to slavery for his benefit.
Página 8 - We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other "tangible" factors may be equal, deprive the children of the minority group of equal educational opportunities?
Página 57 - But it should go without saying that the vitality of these constitutional principles cannot be allowed to yield simply because of disagreement with them.
Página 160 - Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.
Página 160 - We conclude that in the field of public education the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Página 212 - I was much troubled in spirit, in my first years upon the bench, to find how trackless was the ocean on which I had embarked. I sought for certainty. I was oppressed and disheartened when I found that the quest for it was futile. I was trying to reach land, the solid land of fixed and settled rules, the paradise of a justice that would declare itself by tokens plainer and more commanding than its pale and glimmering reflections in my own vacillating mind and conscience. I found "with the voyagers...
Página 138 - ... generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone."12 The opinion concluded in terms of triumph, or so they must have sounded to the NAACP lawyers: "In the field of public education, the doctrine of 'separate but equal
Página 37 - An objection to transportation of students may have validity when the time or distance of travel is so great as to either risk the health of the children or significantly impinge on the educational process.

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