Brown's Legacy: The Promises and Pitfalls of Judicial Relief

Abstract

Brown v. Board of Education marked a turning point for both civil rights and judicial activism. During the half century since Brown, social activists of all kinds have sought policy changes from the courts rather than legislatures. That trend has produced social benefits but, over time, it has also shifted political power to elites. This essay explores the possibility of retaining Brown's promise for racial equality while reinvigorating an electoral politics that would better represent many of the people Brown intended to benefit.

Keywords: race, discrimination, equality, litigation, welfare

JEL Classification: D74, J15, J7, K41