Different Script, Same Caste in the Use of Passive and Active Racism: A Critical Race Theory Analysis of the (Ab)Use of ‘House Rules’ in Race-Related Education Cases
22 Washington & Lee Journal of Civil Rights & Social Justice 297
60 Pages Posted: 12 Dec 2016
Date Written: December 2016
This Article situates the Supreme Court’s holdings in race-related education cases (both primary/secondary and post-secondary) in the context of Critical Race Theory. In particular, the paper argues that the Court’s hearing of the cases, the Court’s holdings in the cases, and the narrative around both the Court’s hearing of and holdings in the cases have created and maintained the power of White Americans to set and alter the rules by which students who are racial minorities may access and pursue educational equity. Specifically, the paper discusses 1) how the Supreme Court has created and sponsored a power for White Americans to set and change ‘house rules’ to thwart minority efforts at pursuing educational equity, 2) the elements requisite for effectuating the power to set and change house rules and 3) the connection of this theory to the foundational texts of Critical Race Theory. The paper cites prominent and relevant case law to suggest that the current framing of debates around access and equity in education is faulty and forecloses efforts to assure that students who are racial and ethnic minorities are allowed to enroll in our nation’s most competitive state-sponsored higher education programs.
Keywords: Affirmative Action, Educational Equity, Education Law, School Desegregation, Education Law, Constitutional Law, Educational Policy, Critical Race Theory
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