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The Schools, the Courts, and Social Progress

Published online by Cambridge University Press:  24 February 2017

Irving G. Hendrick
Irving G. Hendrick*
Affiliation:
University of California, Riverside
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Abstract

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Type
Essay Reviews
Information
History of Education Quarterly , Volume 18 , Issue 1 , Spring 1977 , pp. 71 - 77
Copyright
Copyright © 1977 by New York University 

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References

Notes

1. Edwards, Newton, The Courts and the Public Schools, rev. ed. (Chicago, 1955), p. 549.Google Scholar

2. Brown v. Board of Education, 347 U.S. 483 (1954).Google Scholar

3. Wollenberg, , All Deliberate Speed, p. 2.Google Scholar

4. Students of school desegregation and the law may find the subject explored in greater legal depth in Horowitz, Harold W. and Karst, Kenneth L., Law, Lawyers and Social Change, Cases and Materials on the Abolition of Slavery, Racial Segregation, and Inequality of Educational Opportunity (Indianapolis, 1969).Google Scholar

5. Faubus, Governor Orval E. ordered the National Guard to bar the students for the stated purpose of preserving public peace. His own segregationist credentials had been severely challenged in the 1956 Democratic Party primary election by former State Senator James Johnson, a candidate who ran on a “white supremacy” platform.Google Scholar

6. Necessarily, the Warren Court could not and did not ignore legal precedent. While calling attention to important social changes which had occurred in society since the Supreme Court affirmed the separate but equal doctrine in Plessy v. Ferguson, 163 U.S. 537 (1896), it cited three cases on segregation in graduate-level higher education: Missouri ex rel. Gains v. Canada, 305 U.S. 3371 (1938); Sweatt, v. Painter, , 339 U.S. 629 (1950); McLaurin, v. Oklahoma State Regents for Higher Education, 339 U.S. 637 (1950).Google Scholar

7. Ward v. Flood, 48 Cal. 36 (1874).Google Scholar

8. Mendez, et al. v. Westminster School District of Orange County et al., 64 F. Supp. 544 (1946).Google Scholar

9. Jackson v. Pasadena City School District, 59 Cal. 2d 876, 382 P. 2d 878, 31 Cal Rpt. 606 (1963).Google Scholar

10. Johnson v. San Francisco Unified School District, et al., 339 F. Supp. 1315 (1971).Google Scholar