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Document Type

Special Section

Theme

OPPOSING LEGAL ARTICLES

Abstract

Fifty years after racially-based segregation was outlawed in Brown v. Board of Education, segregation continues to occur not as a result of legal mandates, but as a result of socioeconomic and racial composition of neighborhoods in which a school may be contained. Chief Justice Earl Warren, writing for a unanimous Court, declared “[t]o separate [minorities] from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” Even though the Supreme Court was clear in holding that race cannot be a factor in primary and secondary school assignments, some school districts continue to defy that ruling.

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