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Educating Our Children "On Equal Terms": The Failure of the Dejure/Defacto Analysis in Desegregation Cases
Chicana/o-Latina/o Law Review
  • Antoinette Sedillo Lopez, University of New Mexico - Main Campus
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Publication Date
This Article will describe the narrow process oriented analysis and contrast it with the broader analysis of both the process and the results. It will demonstrate the different conceptual framework involved in evaluating each component. This Article will show how the Supreme Court has viewed educational equality following Plessy v. Ferguson. Initially, the Court's evaluation was quite perfunctory, but it became increasingly strict. By 1954, the Court in Brown v. Board of EducationI was well on its way toward evaluating the results as well as the process. Since Brown, the Court has vacillated between reviewing only the purity of the educational process and evaluating the equality of the results, especially when considering the appropriateness of a remedy. Despite judicial intervention, sociological data are examined which indicate that in general minority children today continue to receive an inferior education. The theme of this Article is this: the equal protection guarantee is an affirmative promise that goes beyond protecting merely a fair process of educational administration. Equal protection goes further and requires a close examination of the educational results. Only in this manner can minority children benefit to the fullest extent from state-mandated education and begin to participate fully in society.
  • Educational Equality,
  • Brown v. Board of Education
Citation Information
Antoinette Sedillo Lopez. "Educating Our Children "On Equal Terms": The Failure of the Dejure/Defacto Analysis in Desegregation Cases" Chicana/o-Latina/o Law Review Vol. 7 (1984) p. 1
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