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

See all articles by Mark Strasser

Mark Strasser

Capital University - Law School

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.

Suggested Citation

Strasser, Mark, 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, Available at SSRN: https://ssrn.com/abstract=254851

Mark Strasser (Contact Author)

Capital University - Law School ( email )

303 E. Broad St.
Columbus, OH 43215-3200
United States
614-236-6686 (Phone)
614-236-6956 (Fax)

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