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The only book-length analysis of Milliken v. Bradley, the first major desegregation case to originate outside the South. Reveals how the Supreme Court's decision undercut efforts to desegregate metropolitan public school systems, especially in the North, and how its negative effects on public education have endured.
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.
“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.
"Busing, in which students were transported by school buses to achieve court-ordered or voluntary school desegregation, became one of the nation's most controversial civil rights issues in the decades after Brown v. Board of Education (1954). Examining battles over school desegregation in cities like Boston, Chicago, New York, and Pontiac, [this book posits that] school officials, politicians, courts, and the news media valued the desires of white parents more than the rights of black students, and how antibusing parents and politicians borrowed media strategies from the civil rights movement to thwart busing for school desegregation"--Provided by publisher.
Author : Michael J. Graetz Publisher : Simon and Schuster Page : 480 pages File Size : 31,70 MB Release : 2017-06-06 Category : History ISBN : 1476732515
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
A comprehensive history of school choice in the US, from its birth in the 1950s as the most effective weapon to oppose integration to its lasting impact in reshaping the public education system today. Most Americans today see school choice as their inalienable right. In The Choice We Face, scholar Jon Hale reveals what most fail to see: school choice is grounded in a complex history of race, exclusion, and inequality. Through evaluating historic and contemporary education policies, Hale demonstrates how reframing the way we see school choice represents an opportunity to evolve from complicity to action. The idea of school choice, which emerged in the 1950s during the civil rights movement, was disguised by American rhetoric as a symbol of freedom and individualism. Shaped by the ideas of conservative economist Milton Friedman, the school choice movement was a weapon used to oppose integration and maintain racist and classist inequalities. Still supported by Democrats and Republicans alike, this policy continues to shape American education in nuanced ways, Hale shows—from the expansion of for-profit charter schools and civil rights–based reform efforts to the appointment of Betsy DeVos. Exposing the origins of a movement that continues to privilege middle- to upper-class whites while depleting the resources for students left behind, The Choice We Face is a bold, definitive new history that promises to challenge long-held assumptions on education and redefines our moment as an opportunity to save it—a choice we will not have for much longer.
An African American Dilemma offers the first social history of northern Black debates over school integration versus separation from the 1840s to the present. Since Brown v. Board of Education in 1954 Americans have viewed school integration as a central tenet of the Black civil rights movement. Yet, school integration was not the only--or even always the dominant--civil rights strategy. At times, African Americans also fought for separate, Black controlled schools dedicated to racial uplift and community empowerment. An African American Dilemma offers a social history of these debates within northern Black communities from the 1840s to the present. Drawing on sources including the Black press, school board records, social science studies, the papers of civil rights activists, and court cases, it reveals that northern Black communities, urban and suburban, vacillated between a preference for either school integration or separation during specific eras. Yet, there was never a consensus. It also highlights the chorus of dissent, debate, and counter-narratives that pushed families to consider a fuller range of educational reforms. A sweeping historical analysis that covers the entire history of public education in the North, this work complicates our understanding of school integration by highlighting the diverse perspectives of Black students, parents, teachers, and community leaders all committed to improving public education. It finds that Black school integrationists and separatists have worked together in a dynamic tension that fueled effective strategies for educational reform and the Black civil rights movement, a discussion that continues to be highly charged in present-day schooling choices.