The Legal Environment of School Desegregation Policy: Brown I - Milliken I.Report as inadecuate




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This paper explores the complex issues involved in school desegregation policy and describes the trends in major Supreme Court desegregation cases through the late 1970s. The result of the Court's decision in "Brown v. Board of Education of Topeka" was ambiguous at best. Segregation was found to deny equal protection of the laws since it amounted to official sanction for the doctrine of black inferiority. However, the High Court essentially dodged the question of whether it prohibited separation that was not the result of official state policy. A year after the "Brown" decision, in "Brown II," the Court ordered the implementation of remedies for segregation, but left desegregation enforcement mainly in the hands of the offending parties. In the subsequent "Briggs v. Elliot," the district court in South Carolina interpreted the meaning of Brown I as a statement that the Constitution does not require integration; it merely forbids discrimination. "Milliken v. Bradley" in 1974 (Milliken I) was the first major metropolitan lawsuit to be ruled on by the Court. The opinions in this case revealed the emergence of two Supreme Court factions with fundamental differences about liability and remedy. "Milliken" was the first major Court decision to limit, rather than expand, the scope of desegregation remedies. This case became the beginning of the termination of more than 500 school desegregation decrees. In reality, "Brown" merely ushered in an era of "quasi-separateness." (Contains 43 references.) (SLD)

Descriptors: Black Education, Desegregation Litigation, Desegregation Methods, Educational Policy, Elementary Secondary Education, Public Policy, Public Schools, School Desegregation











Author: Lachs, Joshua

Source: https://eric.ed.gov/?q=a&ft=on&ff1=dtySince_1992&pg=11516&id=ED437477



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