Cornell Law Review Volume 90 Issue 2

Brown v. Board of Education, Footnote 11, and Multidisciplinarity

Brown and its legacy understandably continue to fuel an already voluminous commentary.  The decision’s fiftieth anniversary contributes another spike in scholarly and public attention.  Many dwell upon the decision’s implications for separation of powers and constitutional interpretation.  Others focus on such questions as the decision’s influence on school integration and the incorporation of social science […]

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Education and Interrogation: Comparing Brown and Miranda

Although the Warren Court had its share of grand decisions, perhaps it should be known instead for its grand goals–particularly the goals of ending America’s shameful history of segregation and of providing a broad array of constitutional rights to persons accused of committing crimes.  Brown v. Board of Education and Miranda v. Arizona, the two more […]

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Death Sentence Rates and County Demographics: An Empirical Study

This Article finds that, in addition to the number of murders, at least three other demographic factors influence the death sentence rate at the county level.  The rate of death sentences decreases as a county’s black population percent increases, as a county’s per capita increases, and as a county’s homicide rate increases.  More detailed study […]

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Every Passing Day

In the course of its infamous opinion in Dred Scott v. Sandford, the U.S. Supreme Court pointed to Connecticut as one of several antislave trade states that accepted the indequality of the “African race.”  The case cited for this bizarre proposition was Crandall v. State.   To read the complete Article, click “VIEW PDF” below. 

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Brown and the Desegregative Ideal: Location, Race, and College Attendance Policies

Although Brown concerned primary and secondary public education, the road to Brown ran through several higher education cases in which black students were denied admission into predominantly white colleges and universities.  In these cases, the relevant universities crucially influenced place as states physically excluded blacks from these white public spaces.  In response, states erected black colleges, started black […]

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Betrayal of the Children with Dolls: The Broken Promise of Constitutional Protection for Victims of Race Discrimination

The Brown decision brought to the forefront many of the unfulfilled constitutional vows made to prior generations.  At the time of the nation’s independence, the Founders extended declarations of equality to only a select few.  Nearly a century later, following the Civil War, a new constitutional promise ensured that victims of slavery would share full rights […]

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Separate but Equal and Single-Sex Schools

In this Article I will consider whether coordinate public single-sex schools, such as those reviewed in Vorchheimer, should meet the same fate under the Equal Protection clause as the racially segregated schools in Brown.  After suggesting that the fate of coordinate single-sex schools should be seen as intimately tied to whether they disadvantage girls, I consider the […]

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The Evolving Diversity Rational in University Admissions: From Regents v. Bakke to the University of Michigan Cases

Since the 1970s, Americans have wrestled with whether and how to implement affirmative action initiatives to equalize economic and educational opportunities for members of minority groups.  The role of affirmative action in higher education is central to this debate.  The late historian Hugh Davis Graham identified two types of affirmative action–one “soft” and the other […]

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Nonracialism as an Educational and World View: Lessons from South African Teachers

For South Africans who fought apartheid, nonracialism was reinforced daily as a tenet of struggle.  By fighting the regime, apartheid resistors defied the government’s racial policies and distinctions and proclaimed only one race: the human race.  Nonracialism was evidence in the lives of Nelson Mandela and his comrades, black and white, who fight apartheid and […]

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African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences

Before addressing the profound differences between indigenous people and other resident racial or ethnic groups, this Article examines some parallels between African-American and indigenous life experiences under the American political and legal systems.  The Article will then shift its focus to the more significant differences between the African-American experience and that of First Nations.   […]

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