Document Type

Article

Publication Date

1-1-1984

Abstract

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.

Publication Title

Chicana/o-Latina/o Law Review

Volume

7

First Page

1

Keywords

Educational Equality, Brown v. Board of Education

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.