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http://ssrn.com/abstract=557244
 
 

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Brown II's All Deliberate Speed at Fifty: Golden Anniversary or Mid-Life Crisis for the Constitutional Injunction as a Desegregation Remedy?


Doug Rendleman


Washington and Lee University - School of Law

June 2004

San Diego Law Review, Vol. 41, No. 4, 2004

Abstract:     
In 1955 in Brown II the Supreme Court instructed school authorities and federal judges how to implement its decision in Brown I that racially segregated public schools violated the constitution. This article summarizes the half-century of federal injunctions that the courts granted to desegregate schools. It organizes the injunctions chronologically under three headings, "all deliberate speed," desegregate "now," and "unitary" districts. Rejecting both extravagant hoopla and charges of "failure," the article approves disciplined judicial discretion leading to large-scale structural injunctions when the times are ripe because unconstitutional conditions warrant massive judicial reconstruction. In particular, the article maintains that the courts' job of managing the schools' transition from mandated race segregation to desegregated districts has touched almost everyone, mostly for the better, but remains incomplete.

Number of Pages in PDF File: 64

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Date posted: June 21, 2004  

Suggested Citation

Rendleman, Doug, Brown II's All Deliberate Speed at Fifty: Golden Anniversary or Mid-Life Crisis for the Constitutional Injunction as a Desegregation Remedy? (June 2004). San Diego Law Review, Vol. 41, No. 4, 2004. Available at SSRN: http://ssrn.com/abstract=557244

Contact Information

Doug Rendleman (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
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