Lawyers v. Educators: Black Colleges and Desegregation in Public Higher Education

By Jean L. Preer | Go to book overview

ate and professional schools for Negroes but would instead admit Negroes to existing programs for whites. In fact, after Sipuel, states did both, demonstrating both the validity of Houston's strategy and its fatal flaw. As long as the creation of separate programs for Negroes satisfied the equal protection clause, both legal rights and educational opportunties for Negroes remained in an uncertain and unsatisfactory condition. Starting in the late 1940s, the Association rejected short-term gains in educational opportunity in favor of the long-term gains that the end of legal segregation seemed to hold.


Notes
1.
Glenn Hutchinson, "Jim Crow Challenged in Southern Universities," The Crisis, April 1939, p. 105. Pauli Murray's application to the law school of the University of North Carolina was rejected because of her race. The NAACP declined to take her case, because she was not a resident of North Carolina. Conversation with Pauli Murray, 29 September 1979, Arlington, Virginia. See also, Pauli Murray, Proud Shoes: The Story of an American Family ( New York: Harper & Row, 1956); and Michele Burgen, "Rev. Dr. Pauli Murray," Ebony, September 1979, p. 107.
2.
Missouri ex rel. Gaines v. Canada, 305 U.S. 337 ( 1938).
3.
Pearson v. Murray, 182 A. 590 (Md. 1936).
4.
Sipuel v. Board of Regents, 332 U.S. 631 ( 1948).
5.
Fisher v. Hurst, 333 U.S. 147 ( 1948). Fisher was Miss Sipuel's married name.
6.
Charles S. Mangum, The Legal Status of the Negro ( Chapel Hill, N.C.: University of North Carolina Press, 1940), p. 133.
7.
Virginius Dabney, "The Negro and His Schooling," Atlantic Monthly, April 1942, p. 459.
8.
Reid E. Jackson, "Financial Aid Given by Southern States to Negroes for Out- of-State Study," Journal of Negro Education 13 ( January 1944): 37.
9.
Walter D. Cocking, Report of the Study on Higher Education of Negroes in Georgia ( Athens, Ga., 1938), p. 28.
10.
Ibid., p. 32.
11.
Ibid., p. 88.
12.
Ibid., p. 90.
13.
Rufus E. Clement, "Legal Provisions for Graduate and Professional Instruction for Negroes in States Operating Separate School Systems," Journal of Negro Education 8 ( April 1939): 143; Jonathan Daniels, "Witch-hunt in Georgia," The Nation, 2 August 1941, pp. 93-94; Reid E. Jackson, "The Real Need Revealed by the Georgia Episode," School and Society 55 ( 31 January 1942): 130-33; "Lynching at the Capital," Survey Mid-monthly, August 1941, p. 240; Ralph McGill, "It Has Happened Here," Survey Graphic, September 1941, pp. 449-53.
14.
North Carolina. Commission to Study Public Schools and Colleges for Colored People, Report and Recommendations . . . ( Raleigh, N.C., 1938[?]), p. 53, Emphasis in original.
15.
Ibid., p. 51.

-88-

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Lawyers v. Educators: Black Colleges and Desegregation in Public Higher Education
Table of contents

Table of contents

  • Recent Titles in Contributions in American Studies ii
  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • Introduction 1
  • Notes 4
  • 1 - The Morrill Act of 1890: Separate Black Public Colleges 5
  • Notes 26
  • 2 - Gaines: Equal Access or Equal Opportunity? 31
  • Notes 56
  • 3 - Sipuel: Arguments in Transition 63
  • Notes 88
  • 4 - Sweatt: Dubious Precedent 95
  • Notes 121
  • 5 - Hawkins: Conditions That Now Prevail 127
  • Notes 152
  • 6 - The Civil Rights Act of 1964: from Segregation to Discrimination 157
  • Notes 183
  • 7 - Adams: Racial Identifiability and Black Public Colleges 189
  • Notes 222
  • Conclusion 233
  • Notes 241
  • List of Cases and Statutes 243
  • Bibliography 247
  • Index 271
  • About the Author 279
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