The Detroit School Busing Case

The Detroit School Busing Case
Author: Joyce A. Baugh
Publisher: University Press of Kansas
Total Pages: 248
Release: 2011-02-16
Genre: Law
ISBN: 0700617671

In the wake of Brown v. Board of Education, racial equality in American public education appeared to have a bright future. But, for many, that brightness dimmed considerably following the Supreme Court's landmark decision in Milliken v. Bradley (1974). While the literature on Brown is voluminous, Joyce Baugh's measured and insightful study offers the only available book-length analysis of Milliken, the first major desegregation case to originate outside the South. As Baugh chronicles, when the city of Detroit sought to address school segregation by busing white students to black schools, a Michigan statute signed by Gov. William Milliken overruled the plan. In response, the NAACP sued the state on behalf of Ronald Bradley and other affected parents. The federal district court sided with the plaintiffs and ordered the city and state to devise a "metropolitan" plan that crossed city lines into the suburbs and encompassed a total of fifty-four school districts. The state, however, appealed that decision all the way to the Supreme Court. In its controversial 5-4 decision, the Court's new conservative majority ruled that, since there was no evidence that the suburban school districts had deliberately engaged in a policy of segregation, the lower court's remedy was "wholly impermissible" and not justified by Brown—which the Court said could only address de jure, not de facto segregation. While the Court's majority expressed concern that the district court's remedy threatened the sanctity of local control over schools, the minority contended that the decision would allow residential segregation to be used as a valid excuse for school segregation. To reconstruct the proceedings and give all claims a fair hearing, Baugh interviewed lawyers representing both sides in the case, as well as the federal district judge who eventually closed the litigation; plumbed the papers of Justices Blackmun, Brennan, Douglas, and Marshall; talked with the main reporter who covered the case; and researched the NAACP files on Milliken. What emerges is a detailed account of how and why Milliken came about, as well as its impact on the Court's school-desegregation jurisprudence and on public education in American cities.

Hope and Despair in the American City

Hope and Despair in the American City
Author: Gerald Grant
Publisher: Harvard University Press
Total Pages: 237
Release: 2009-05-30
Genre: Education
ISBN: 0674032942

Reading the philosophy of Immanuel Levinas against postcolonial theories of difference, particularly those of Gayatri Spivak, Homi Bhabha, Édouard Glissant, and Subcommandante Marcos, John E. Drabinski reconceives notions of difference, language, subjectivity, ethics, and politics and provides new perspectives on these important postcolonial theorists. He also underscores Levinas's relevance to related disciplines concerned with postcolonialism and ethics.

Complex Justice

Complex Justice
Author: Joshua M. Dunn
Publisher: UNC Press Books
Total Pages: 239
Release: 2012-09-01
Genre: Political Science
ISBN: 1469606607

In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

Beyond Busing

Beyond Busing
Author: Paul R. Dimond
Publisher: University of Michigan Press
Total Pages: 436
Release: 2009-01-20
Genre: Political Science
ISBN: 0472021494

A compelling insider's account of the fight for educational desegregation, from one of its most dedicated and outspoken heroes. A new afterword explains the author's controversial belief that the moment for litigating educational equality has passed, clear-sightedly critiquing his own courtroom strategies and the courts' responses, before closing with an assessment of the economic and social changes that he feels have already moved us "beyond busing." "An extraordinarily informative and thoughtful book describing the process of bringing Brown [v. Board of Education] North and the impact this process had upon national attitudes toward desegregation." --Drew S. Days III, Yale Law Journal "An original analysis of a tough subject. A must-read for all who care about opportunity for all our children." --Donna E. Shalala, President, University of Miami "Paul Dimond remains a passionate and caring voice for inner-city students, whether in his advocacy of school desegregation, school choice plans, or school finance reform. He illuminates these issues as one who participated in the major education cases and as a perceptive scholar." --Mark Yudof, Chancellor, The University of Texas System "A must-read for anyone who wants to understand America's continued failure to give inner-city children a quality education or to do something about it!" --Sheryll Cashin, Author of The Failures of Integration: How Race and Class Are Undermining the American Dream "Dimond is particularly good at relating his slice of legal history to the broader developments of the 1970s, and his occasional remarks about trial tactics are amusing and instructive. Dimond's honesty about both his successes and failures makes his book required reading for civil rights lawyers." --Lawrence T. Gresser, Michigan Law Review "A fascinating first-hand account of 1970s northern school desegregation decisions." --Neal E. Devins, American Bar Foundation Research Journal "Dimond reminds the liberal reader of the promise that lies in the empowerment of ordinary families to choose their own schools." --John E. Coons, Professor of Law, Emeritus, University of California, Berkeley Paul R. Dimond is counsel to Miller, Canfield, Paddock and Stone, Michigan's largest law firm; chairman of McKinley, a national commercial real estate investment and management firm; and chairman or member of the board of trustees of numerous education, community, and civic organizations. He spent four years as President Clinton's Special Assistant for Economic Policy.

The United States District Court for the Eastern District of Michigan

The United States District Court for the Eastern District of Michigan
Author: David Gardner Chardavoyne
Publisher: Wayne State University Press
Total Pages: 458
Release: 2012-03-15
Genre: History
ISBN: 0814337201

A chronological history of the United States District Court for the Eastern District of Michigan, from its beginnings in the 1830s to the present. The United States District Court for the Eastern District of Michigan, the federal trial court based in Detroit with jurisdiction over the eastern half of Michigan, was created in 1837 and operated as recently as 1923 with a single trial judge. Yet by 2010, the court had fifteen district judges, a dozen senior U.S. district judges and U.S. magistrate judges, and conducts court year-round in five federal buildings throughout the eastern half of Michigan (in Detroit, Bay City, Flint, Port Huron, and Ann Arbor). In The United States District Court for the Eastern District of Michigan: People, Law, and Politics, author David Gardner Chardavoyne details not only the growth of the court but the stories of its judges and others who have served the court, litigants who brought their conflicting interests to the court for resolution, and the people of the district who have been affected by the court. In chronological order, Chardavoyne charts the history of the court, its judges, and its major cases in five parts: The Wilkins Years, 1837 to 1870; The Industrial Revolution and the Gilded Age, 1870 to 1900; Decades of Tumult, 1900 to 1945; The Era of Grand Expectations, 1946 to 1976; and A Major Metropolitan Court, 1977 to 2010. Along the way, Chardavoyne highlights many issues of national concern faced by the court, including cases dealing with fugitive slave laws, espionage and treason, civil rights, and freedom of speech. Chardavoyne also examines how conflicting interests—political, local, and personal—have influenced the resolution of a myriad of issues not directly related to the court’s cases, such as who becomes a federal judge, how many judges the court should have, in which cities and in which buildings the judges hold court, what kinds of cases the judges can and cannot hear, and the geographical boundaries of the district and of divisions within the district. This volume includes helpful appendixes that list the Eastern District of Michigan Court’s Chief Judges, Clerks, Magistrates and Magistrate Judges, and United States Marshals; along with the succession of judges, and a list of District and Circuit Court Case Filings, 1837–2010. Legal professionals and scholars will appreciate this thorough history.

Just Stories

Just Stories
Author: Thomas Ross
Publisher: Beacon Press
Total Pages: 192
Release: 1997-08-31
Genre: Law
ISBN: 9780807044018

In this stinging critique of our legal system, Thomas Ross reveals how in making and justifying their opinions, judges rely to a startling degree on personal constructs that often perpetuate the deep biases in society. While these terrible societal prejudices have become the basic building blocks of our law, Ross suggests that they don't have to be. Instead, he posits that knowledge of the problem offers a first step toward imagining a different and better future.

The Courts, Social Science, and School Desegregation

The Courts, Social Science, and School Desegregation
Author: Betsy Levin
Publisher: Routledge
Total Pages: 439
Release: 2018-02-06
Genre: Law
ISBN: 1351319159

This book surveys the legal issues confronting courts as they decide school desegregation cases, and the extent to which social science research has been brought to bear on those issues. It examines the relationship between school segregation and residential segregation.

Encyclopedia of African American Education

Encyclopedia of African American Education
Author: Kofi Lomotey
Publisher: SAGE
Total Pages: 1153
Release: 2010
Genre: Education
ISBN: 1412940508

The Encyclopedia of African American Education covers educational institutions at every level, from preschool through graduate and professional training, with special attention to historically black and predominantly black colleges and universities. Other entries cover individuals, organizations, associations, and publications that have had a significant impact on African American education. The Encyclopedia also presents information on public policy affecting the education of African Americans, including both court decisions and legislation. It includes a discussion of curriculum, concepts, theories, and alternative models of education, and addresses the topics of gender and sexual orientation, religion, and the media. The Encyclopedia also includes a Reader's Guide, provided to help readers find entries on related topics. It classifies entries in sixteen categories: " Alternative Educational Models " Associations and Organizations " Biographies " Collegiate Education " Curriculum " Economics " Gender " Graduate and Professional Education " Historically Black Colleges and Universities " Legal Cases " Pre-Collegiate Education " Psychology and Human Development " Public Policy " Publications " Religious Institutions " Segregation/Desegregation. Some entries appear in more than one category. This two-volume reference work will be an invaluable resource not only for educators and students but for all readers who seek an understanding of African American education both historically and in the 21st century.

The Crucible of Desegregation

The Crucible of Desegregation
Author: R. Shep Melnick
Publisher: University of Chicago Press
Total Pages: 327
Release: 2023-04-28
Genre: Political Science
ISBN: 0226825515

Examines the patchwork evolution of school desegregation policy. In 1954, the Supreme Court delivered the landmark decision of Brown v. Board of Education—establishing the right to attend a desegregated school as a national constitutional right—but the decision contained fundamental ambiguities. The Supreme Court has never offered a clear definition of what desegregation means or laid out a framework for evaluating competing interpretations. In The Crucible of Desegregation, R. Shep Melnick examines the evolution of federal school desegregation policy from 1954 through the termination of desegregation orders in the first decades of the twenty-first century, combining legal analysis with a focus on institutional relations, particularly the interactions between federal judges and administrators. Melnick argues that years of ambiguous, inconsistent, and meandering Court decisions left lower court judges adrift, forced to apply contradictory Supreme Court precedents in a wide variety of highly charged political and educational contexts. As a result, desegregation policy has been a patchwork, with lower court judges playing a crucial role and with little opportunity to analyze what worked and what didn’t. The Crucible of Desegregation reveals persistent patterns and disagreements that continue to roil education policy.