Brown's Legacy: The Promises and Pitfalls of Judicial Relief

Autor/in	Merritt, Deborah Jones
Titel	Brown's Legacy: The Promises and Pitfalls of Judicial Relief
Quelle	In: Negro Educational Review, The, 56 (2005) 1, S.51-55 (5 Seiten) PDF als Volltext Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	0548-1457
Schlagwörter	Judges; Courts; Racial Segregation; Lawyers; Civil Rights; Court Litigation; Desegregation Litigation; United States History; Educational Facilities; Public Education; Social Change; Access to Education; African American Students; Desegregation Effects; Educational History; African American Education; Politics; Politics of Education; Disadvantaged; Educational Opportunities; Power Structure; Disproportionate Representation + Suchen Sie Ihr Suchwort? Judge; Richter; Court; Gerichtshof; Rassentrennung; Lawyer; Rechtsanwalt; Bürgerrechte; Grundrechte; Zivilrecht; Rechtsstreit; Bildungsstätte; Öffentliche Erziehung; Sozialer Wandel; Education; Access; Bildung; Zugang; Bildungszugang; African Americans; Student; Students; Afroamerikaner; Schüler; Schülerin; Studentin; History of education; Bildungsgeschichte; Politik; Educational policy; Bildungspolitik; Bildungsangebot; Bildungschance
Abstract	"Brown v. Board of Education" (1954) is one of the greatest achievements of the American judicial system. It decisively declared racial segregation in the schools unconstitutional, inaugurating the modern civil rights era. In addition to advancing equality, "Brown" initiated a new type of judicial decision making. After "Brown," courts increasingly used the federal Constitution to achieve progressive social ends, and they issued detailed orders to implement those goals. Although courts have vindicated both the downtrodden and the powerful during the last 50 years, three factors make them particularly attentive to elites. First, elites understand the obscure customs of judicial process and are comfortable invoking that process. Second, elites can afford to hire the lawyers needed to navigate legal channels. And, finally, judges respond well to the highly intellectual arguments that elites compose. For all these reasons, "Brown's" legacy is double edged. It promises relief to racial minorities and other disempowered groups in some cases, but it also gives elites the power to evade democratic controls. As Americans celebrate "Brown," they must also look to new forms of political engagement to develop "Brown's" full legacy. The civil rights leaders who built the strategy behind "Brown" choose the right strategy for their time. It was essential that the United States Supreme Court declare the fundamental principal of equality and begin enforcement of that principle. Today, the times demand a different tactic. Courts may still play a role in finishing the battle that "Brown" began, but grassroots politics, community organizing, elected officials, and even global networks of protesters will play a more essential role. These are the new political forces with the power to challenge elites. (ERIC).
Anmerkungen	Negro Educational Review, Inc. NER Editorial Offices, School of Education, 1601 East Market Street, Greensboro, NC 27411. Tel: 412-648-7320; Fax: 412-648-7081; Web site: http://www.oma.osu.edu/vice_provost/ner/index.html
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2017/4/10