Has the roberts court plurality's colorblind rhetoric finally broken Brown'S promise?

Research output: Contribution to journalReview articlepeer-review

Abstract

This Essay examines the continuing significance of the Keyes deci-sion to the judicial vision of equality and racial isolation in public educa-tion. By comparing efforts to promote educational equality from the Keyes era through today, this Essay asserts that the judiciary has wrongly embraced a colorblind interpretation of the Equal Protection Clause. In so doing, courts have impeded the progress of children in Denver and around the country, ignored highly instructive social science studies on the benefits of desegregation, and broken the constitutional promise of equal citizenship. For future policy makers and lawyers to address these persistent problems, legal educators must equip students with tools to reclaim legal conversations about freedom and equality. The author, Dean Phoebe A. Haddon of the University of Maryland Francis King Carey School of Law, concludes with recollections of her late aunt, Ra-chel B. Noel, who played an instrumental part in the evolution of the Keyes case.

Original languageAmerican English
Pages (from-to)1251-1276
Number of pages26
JournalDenver University Law Review
Volume90
Issue number5
StatePublished - 2013
Externally publishedYes

ASJC Scopus subject areas

  • Law

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