Diversity is a ubiquitous concept in Education. Our contemporary racial discourse has been taken over by diversity talk. That is, to talk about race in the colorblind era in the contexts of school admissions or educational policy is to do so through the language of diversity. However, the hegemonic ascendancy of diversity has been dependent on the…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

The anti-slavery ministry of Rev. John G. Fee and the unlikely establishment of Berea College in Kentucky in the 1850s, the first college in the southern United States to be coeducationally and racially integrated, are examined to further understand the conditions surrounding these extraordinary historical events. The Berea case illustrates how…

Courts, students are told, will protect minorities' legal rights against popular sentiment and political pressure. But courts can be expected to protect rights only within boundaries shaped in part by popular and political opinion. This suggests that litigation outcomes regarding education rights issues will depend on shifting the policymaking…

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

Judicial decisions focusing on equal educational opportunity involve significant issues of educational governance and often involve explicit questions about the extent to which authority to make educational decisions should be centralized or decentralized across various institutions and entities. This review aims at clarifying scholars'…

This commentary was designed to accompany a series of articles in "Educational Researcher," vol. 35, no. 1, a theme issue entitled "Moving Beyond "Gratz" and "Grutter"--The Next Generation of Research." The author discusses the role of education research in civil rights litigation, drawing on historical…

This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…

In the early 1990s, nearly forty years after Brown v. the Board of Education, three Supreme Court decisions dramatically altered the legal environment for court-ordered desegregation. Lower courts have released numerous school districts from their desegregation plans as a result. Over the same period racial segregation increased in public…

In the fall of 1953, the Supreme Court of the United States received the case of "Brown v. Board of Education of Topeka" (347 U.S. 483, 1954) that raised essential questions, including whether separate but "equal" facilities in education can be provided for black students in the United States or whether the consideration of…