The Quest to Define Collegiate Desegregation: Black Colleges, Title VI Compliance, and Post-Adams Litigation

By M. Christopher Brown | Go to book overview

4
Legal Standards for Compliance

Legal writing presumes a methodology that is highly stylized, precedential, and based on deductive reasoning. Most scholarship in law is rather like the "old math": static, stable, formal--rationalism walled against chaos. My writing is an intentional departure from that. I use a model of inductive empiricism, borrowed from--and parodying--systems analysis, in order to enliven thought about complex social problems. . . . For example stare decisis (the judicial practice of deciding cases in a manner limited by prior court decisions in factually analogous situations), rather than remaining a silent, unquestioned "given," may be analyzed as a filter to certain types of systemic input.

P. J. Williams, 1991, p. 7


INTRODUCTION

Currently, higher education is without consensus or lucidity on the definition of collegiate desegregation and/or the criteria for Title VI compliance. The incertitude over the prevailing legal standard for compliance results in a lack of logical, consistent, or legally sound criteria for dismantling dual educational structures. This ambiguity prevents many states from establishing and attaining achievable compliance goals. Even now, the "lower courts in Mississippi, Louisiana, Alabama, and Tennessee are currently wrestling with the

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The Quest to Define Collegiate Desegregation: Black Colleges, Title VI Compliance, and Post-Adams Litigation
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Acknowledgments xiii
  • An Introduction to the Quest xv
  • 1 - Black Colleges and Desegregation 1
  • 2 - The Unfinished Quest for Compliance 17
  • 3 - Desegregation Litigation Reborn 29
  • 4 - Legal Standards for Compliance 55
  • 5 - Challenges to Compliance 71
  • 6 - Defining Collegiate Desegregation 89
  • Afterword: Racial Balance Versus a Unitary System 107
  • Appendix A: Glossary of Legal Terms 115
  • Appendix B: A Note on Methodology 119
  • Bibliography 137
  • Index 157
  • About the Author *
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