Volume 88: Issue 3 · March 2011


By Erica Frankenberg, Leah C. Aden, and Charles E. Daye

The founding of the United States as a constitutional republic was nation-building. Restoring unity in the aftermath of the Civil War was nation-building. Achieving Brown v. Board of Education and the goal of equal educational opportunity for all children was nation-building. The articles in this Issue, inspired by the April 2009 conference, “Looking to the Future: Legal and Policy Options for Racially Integrated Education in the South and the Nation,”… READ MORE

88 N.C. L. Rev. 713 (2010)

Racially Integrated Education and the Role of the Federal Government

By Chinh Q. Le

When it comes to racial and ethnic integration in our nation’s public schools, it matters significantly whether the federal government is friend or foe. This has always been the case, but it is particularly so now. More than three decades have passed since the last major federal initiative to promote school integration. Meanwhile, courts in recent years have substantially curtailed the remedies that can be achieved through school desegregation litigation… READ MORE

88 N.C. L. Rev. 725 (2010)

Resurrecting the Promise of Brown: Understanding and Remedying How the Supreme Court Reconstitutionalized Segregated Schools

By Kimberly Jenkins Robinson

The Supreme Court’s decision on Brown v. Board of Education, held that separate educational facilities were “inherently unequal.” After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court’s later school desegregation decisions withdrew from… READ MORE

88 N.C. L. Rev. 787 (2010)

After Unitary Status: Examining Voluntary Integration Strategies for Southern School Districts

By Danielle Holley-Walker

This Article provides empirical data on student assignment plans that are currently being used by Southern school districts that have recently attained unitary status. As the facts of Parents Involved in Community Schools demonstrate, Southern school districts will likely continue to be at the forefront of the struggle over voluntary integration efforts. Many Southern school districts are being released from desegregation orders that allowed the district to use race conscious… READ MORE

88 N.C. L. Rev. 877 (2010)

Pursuing Educational Opportunities for Latino and Latina Students

By Kristi L. Bowman

The number and percentage of Latino and Latina students in U.S. public schools continue to grow rapidly, yet the literature lacks a comprehensive analysis of how existing law can be used to advocate for these students’ interests. This Article first lays the socio-legal foundation necessary to contextualize such an analysis. Then, it aims to provide such an analysis by evaluating the present utility of three major litigation initiatives and three… READ MORE

88 N.C. L. Rev. 911 (2010)

Integrated Education and Mathematics Outcomes: A Synthesis of Social Science Research

By Roslyn Arlin Mickelson and Martha Bottia

Mastery of mathematics and science by this nation’s youth is essential for the nation’s future development as well as students’ personal growth and economic well-being. Yet the performance of U.S. students in mathematics and science is unimpressive compared to other advanced industrialized nations. In addition, stark racial and socioeconomic status (“SES”) disparities in mathematics knowledge, skills, and achievement compound the predicament presented by the overall mediocre performance of U.S. students.… READ MORE

88 N.C. L. Rev. 993 (2010)

Altering Grade Configurations in Virginia Schools: Reducing School Segregation Without Necessarily Considering Race in Light of The Parents Involved Ruling

By William J. Glenn

This Article proposes a method by which school districts can voluntarily desegregate their schools while remaining within the constitutional guidelines set forth in the recent Parents Involved in Community Schools v. Seattle School District No. 1 Supreme Court opinion. This Article suggests that schools reconfigure grades as an alternative to the more explicit race-based measures struck down in Parents Involved. Grade reconfiguration entails reconstituting elementary schools, for instance, into primary… READ MORE

88 N.C. L. Rev. 1091 (2010)

Still Swimming Against the Resegregation Tide? A Suburban Southern School District in the Aftermath of Parents Involved

By Stephen Samuel Smith

Although many of the nation’s school districts have experienced resegregation in the opening decade of the twenty-first century, the school district in Rock Hill, South Carolina has made significant and successful efforts to increase integration even though the school district was not under any court order to do so. This Article discusses how these efforts have been affected by leadership and political will; the development of social purpose politics; the… READ MORE

88 N.C. L. Rev. 1145 (2010)