David S. Tatel
- Published in print:
- 2013
- Published Online:
- March 2016
- ISBN:
- 9780814770122
- eISBN:
- 9780814762806
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9780814770122.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the path of school desegregation following the Supreme Court's landmark 1954 ruling in Brown v. Board of Education and its 1968 decision holding that states have an affirmative ...
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This chapter examines the path of school desegregation following the Supreme Court's landmark 1954 ruling in Brown v. Board of Education and its 1968 decision holding that states have an affirmative duty to eliminate racial segregation “root and branch.” It also explores the debate about judicial activism by revisiting two school desegregation cases that are related to Brown v. Board of Education, with particular emphasis on their flaws with respect to judicial methodology: Board of Education v. Dowell and Missouri v. Jenkins. After discussing the implications of these cases for constitutional interpretation and the role of the federal courts, the chapter considers two other Supreme Court post-Brown desegregation cases: Green v. County School Board of New Kent County and Swann v. Charlotte-Mecklenburg Board of Education. It shows how the Supreme Court, sometimes in disingenuous opinions, has retreated from the desegregation principles on which its 1954 and 1968 rulings were based.Less
This chapter examines the path of school desegregation following the Supreme Court's landmark 1954 ruling in Brown v. Board of Education and its 1968 decision holding that states have an affirmative duty to eliminate racial segregation “root and branch.” It also explores the debate about judicial activism by revisiting two school desegregation cases that are related to Brown v. Board of Education, with particular emphasis on their flaws with respect to judicial methodology: Board of Education v. Dowell and Missouri v. Jenkins. After discussing the implications of these cases for constitutional interpretation and the role of the federal courts, the chapter considers two other Supreme Court post-Brown desegregation cases: Green v. County School Board of New Kent County and Swann v. Charlotte-Mecklenburg Board of Education. It shows how the Supreme Court, sometimes in disingenuous opinions, has retreated from the desegregation principles on which its 1954 and 1968 rulings were based.
James M. Denham
- Published in print:
- 2015
- Published Online:
- January 2016
- ISBN:
- 9780813060491
- eISBN:
- 9780813050638
- Item type:
- chapter
- Publisher:
- University Press of Florida
- DOI:
- 10.5744/florida/9780813060491.003.0014
- Subject:
- History, American History: 20th Century
This chapter focuses on cases involving First Amendment, abortion rights, and employment discrimination cases that came before the Middle District of Florida from 1992 to 2000. School prayer is ...
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This chapter focuses on cases involving First Amendment, abortion rights, and employment discrimination cases that came before the Middle District of Florida from 1992 to 2000. School prayer is chronicled and analysed. Numerous cases involving the right to abortion are included, especially litigation involving controversial abortion doctor James Scott Pendergraft. A number of important employment discrimination cases such as plaintiff actions against Publix Supermarkets, Winn-Dixie, and Florida Progress are discussed. Next the chapter turns to desegregation litigation from the 1990s to the present. As of 1990 Duval, Hillsborough, Marion, Lee, Polk, Pinellas, and Orange counties were still under court supervision. Various rulings by Middle District judges pushed these counties closer and closer toward unitary status. The chapter discussed the litigation in those counties and concludes with the Duval, Hillsborough, Orange, and Marion school districts achieving unitary status.Less
This chapter focuses on cases involving First Amendment, abortion rights, and employment discrimination cases that came before the Middle District of Florida from 1992 to 2000. School prayer is chronicled and analysed. Numerous cases involving the right to abortion are included, especially litigation involving controversial abortion doctor James Scott Pendergraft. A number of important employment discrimination cases such as plaintiff actions against Publix Supermarkets, Winn-Dixie, and Florida Progress are discussed. Next the chapter turns to desegregation litigation from the 1990s to the present. As of 1990 Duval, Hillsborough, Marion, Lee, Polk, Pinellas, and Orange counties were still under court supervision. Various rulings by Middle District judges pushed these counties closer and closer toward unitary status. The chapter discussed the litigation in those counties and concludes with the Duval, Hillsborough, Orange, and Marion school districts achieving unitary status.
