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- Title
Brown v. Board of Education at 50: The Multiple Legacies for Policy and Administration.
- Authors
Henderson Jr., Lenneal J.
- Abstract
This article reflects on the interrelated policy and administrative legacies of the 1954 U.S. Supreme Court decision on the Brown v. Board of Education of Topeka case. First, Brown represents the most potent, clear, progressive, and compelling ethical statement of racial policy in the twentieth century by the Supreme Court. Second, as a challenge to policy implementation, Brown continues the discourse, dialectic, and even diatribe about whether and how to best achieve its ethical ends in race relations, school facilities, busing, parent choices about schools, and school funding. Third, Brown represents a strong statement about federalism, particularly in the application of the Fourteenth Amendment to the rights of citizens in all states and localities, including local school districts. Fourth, as a Supreme Court decision, Brown is a strong statement about the separation of powers at the federal level, particularly considering that between 1875 and 1954 Congress resisted the passage of civil rights legislation and refused to address school segregation, and the executive branch could approach racial desegregation policy only through the use of executive orders. Fifth, Brown underscores the controversial role of social science research and policy analysis in litigation. The Court referred to evidence provided by several experts that school segregation severely damaged the psyches of black school children while circumscribing their educational opportunity.
- Subjects
UNITED States; BROWN v. Board of Education of Topeka; EDUCATIONAL law &; legislation; ACTIONS &; defenses (Law); RACE relations; ANTI-discrimination laws; UNITED States. Supreme Court
- Publication
Public Administration Review, 2004, Vol 64, Issue 3, p270
- ISSN
0033-3352
- Publication type
Article
- DOI
10.1111/j.1540-6210.2004.00371.x