Abstract

http://ssrn.com/abstract=2298490
 


 



From Louisville to Liddell: Schools, Rhetorical Neutrality, and the Post-Racial Equal Protection Clause


Cedric Merlin Powell


University of Louisville - Louis D. Brandeis School of Law

April 25, 2012

Washington University Journal of Law and Policy, Vol. 40, 2012
University of Louisville School of Law Legal Studies Research Paper Series No. 2013-11

Abstract:     
The neutral allure of school choice, neighborhood schools, and other purported "remedies" for poorly performing schools have displaced the substantive pursuit of fully integrated schools. Indeed, the constitutional mandate of Brown v. Board of Education has been cast aside in favor of a formalistic conception of equality based on an individual right to attend neighborhood schools without reference to race. Under this post-racial interpretation of the Fourteenth Amendment, Jim Crow racial subjugation is no different than positive, race-conscious remedial efforts to integrate and preserve diversity in public schools. Voluntary choice means that some discrimination may exist "naturally" if it cannot be directly attributed to state action. Tracing school desegregation cases in Louisville and St. Louis, this Article critiques the Roberts Court's post-racial constitutionalism in Parents Involved in Community Schools v. Seattle School District No. 1. This case holds the key to the seminal doctrinal shift from the Rehnquist Court's colorblind constitutionalism to the Roberts Court's post-racial constitutionalism.

Number of Pages in PDF File: 29

Keywords: Fourteenth Amendment, school desegregation, colorblind constitutionalism, post-racial constitutionalism, affirmative action

Accepted Paper Series


Download This Paper

Date posted: July 26, 2013  

Suggested Citation

Powell, Cedric Merlin, From Louisville to Liddell: Schools, Rhetorical Neutrality, and the Post-Racial Equal Protection Clause (April 25, 2012). Washington University Journal of Law and Policy, Vol. 40, 2012; University of Louisville School of Law Legal Studies Research Paper Series No. 2013-11. Available at SSRN: http://ssrn.com/abstract=2298490

Contact Information

Cedric Merlin Powell (Contact Author)
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
Feedback to SSRN


Paper statistics
Abstract Views: 75
Downloads: 15

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.312 seconds