Two Shades of Brown: The Failure of Desegregation in America; Why it is Irremediable (and a Modest Proposal)

Authors

James M. McGoldrick Jr., Pepperdine University School of Law

Abstract

The article argues that the legacy of Brown v. Board of Education has been undermined by the Supreme Court's gradualist approach and distinctions between de jure and de facto segregation, leading to persistent school segregation. The author contends that judicial remedies have proven insufficient due to legal constraints, such as the de jure requirement and strict scrutiny of race-based remedies. To address these failures, the article proposes a legislative solution, "LEAP" (Learning Equality for All Persons), a federal spending program to incentivize school integration and promote educational equality.

Disciplines

Education Law | Law | Law and Race

Recommended Citation

James M. McGoldrick Jr., Two Shades of Brown: The Failure of Desegregation in America; Why it is Irremediable (and a Modest Proposal), 24 Cardozo J. Equal Rts. & Soc. Just. 271 (2018).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol24/iss2/3