Reneging on the Promise of Brown: The Rehnquist Court and Education Rights

17 Pages Posted: 20 Apr 2005

Abstract

"Reneging on the Promise of Brown: The Rehnquist Court and Education Rights," is a chapter in a forthcoming book, Awakening from the Dream: Civil Rights under Siege and the New Struggle for Equal Justice to be published by Carolina Academic Press in the summer of 2005 (foreword by Prof. Erwin Chemerinsky). In the book, law professors, public interest lawyers, and students discuss the Federalism Revolution - the Supreme Court's methodical dismantling of federal laws that advance inclusion, equal membership, political participation, and economic mobility in our diverse national community. The attached chapter focuses on the Court's rollback of education rights that began in the 1970s. The chapter discusses three of the most important desegregation and school finance cases of the 1970s; and then explains the impact that the Rehnquist Court's Federalism Revolution has had on the education rights of children (focusing particularly on the ongoing New York state public school finance litigation).

Keywords: civil rights, education law, federal courts, federalism revolution, desegregation, school finance litigation

JEL Classification: I2, I22,

Suggested Citation

Morgan, Denise C., Reneging on the Promise of Brown: The Rehnquist Court and Education Rights. Available at SSRN: https://ssrn.com/abstract=707361

Denise C. Morgan (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
(212) 431-2134 (Phone)

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