Was Brown's Declaration of Per Se Invalidity Really Out of the Blue? The Evolving Separate but Equal Education Jurisprudence from Cumming to Brown

Posted: 12 Jul 2004  

Mark Strasser

Capital University - Law School

Abstract

Brown v. Board of Education is often described as having reached the right result but as not having had a good basis in existing law. Yet, the relevant jurisprudence existing before Brown provided ample support for the decision. While the Court may have erred in failing to make clear the doctrinal developments that had occurred in the preceding half-century and instead in emphasizing recent social scientific studies, the Brown decision was nonetheless firmly grounded and eminently defensible as a matter of law.

Keywords: Segregation, Brown v. Board of Education, separate but equal, stigma

JEL Classification: I28, J71, J78, K10

Suggested Citation

Strasser, Mark, Was Brown's Declaration of Per Se Invalidity Really Out of the Blue? The Evolving Separate but Equal Education Jurisprudence from Cumming to Brown. Howard Law Journal, Vol. 47, pp. 769-794, 2004. Available at SSRN: https://ssrn.com/abstract=563263

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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