Plessy, Brown, and the Hbcus: On the Imposition of Stigma and the Court's Mechanical Equal Protection Jurisprudence
Washburn Law Journal, Vol. 40, pp. 48-69, 2000 Symposium issue
Posted: 28 Dec 2000
Abstract
Part of a symposium on Brown v. Board of Education, this article discusses the Court's equal protection jurisprudence in the context of higher education. Recent decisions cast doubt on the constitutionality of Historically Black Colleges and Universities (HBCUs), although two members of the current majority that has been rewriting equal protection jurisprudence have indicated that they do not believe that HBCUs are unconstitutional. While the Court's upholding the constitutionality of HBCUs would be a good result, the article concludes that until the Court develops a more nuanced approach in its equal protection jurisprudence, the Court will continue to promote racial dissension and disunity in this country.
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