(77) This was enough to shift the burden back onto plaintiffs (78)--plaintiffs who had in those cases already established de jure segregation
. This burden-shifting was devastating for plaintiffs, (79) as the mere passage of time inevitably produces demographic changes and, thus, the basis for districts to escape their duty to desegregate.
Today, school segregation is enforced not by laws that require racial separation in schools (de jure segregation
) but, instead, is indirectly enforced through housing policies, school choice policies, and zoning policies (de facto segregation) that keep the percentage of White students in some schools artificially high.
He convincingly debunks the commonly held belief in the myth of de facto segregation the myth that our overwhelmingly white suburbs and overwhelmingly African-American concentrations in urban areas resulted from private preferences and economic circumstances, rather than from government action that was de jure segregation
created by state action in violation of the Constitution.
"If government purposely depressed the incomes of African Americans, with the result that they were priced out of mainstream housing markets, then these economic policies are also important part of the architecture of de jure segregation
potential of litigation as a means to dismantling de jure segregation
Rothstein writes, "It is not difficult to conceive of ways to rectify the legacy of de jure segregation
." He is wrong.
In the 1990s, the Court softened its previous position on desegregation in schools that once had had de jure segregation
. It said that districts had merely to take all practical steps to end the legacy of segregation (Board of Education of Oklahoma City Public Schools v.
He uses legal sources to chronicle the evolution of modern attitudes toward higher education, showing how the trajectories of college access litigation reflected the embrace of selectivity and institutional differentiation, the decline of de jure segregation
, the rise of a contractual understanding of enrollment, and the triumph of vocationalism.
This represented a unique and critical time in American history that witnessed the maturation of Southern de jure segregation
, persistence of Northern de facto segregation, record lynchings, the Harlem Renaissance, and key Supreme Court decisions that profoundly shaped African American experiences in higher education--Missouri ex rel Gaines v.
Many members of Marshall's target audience were relics of the antebellum, who believed in segregation as the status quo; they prized both de jure segregation
and de facto segregation.
Maryland, as one of 17 states that had de jure segregation
, has an intense history of school segregation.
Houston's method was to file lawsuits that questioned whether such segregation (de jure segregation
) was constitutional.