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  • The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth

    The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" policies and practices to schools and school children. The purpose of this article is to increase awareness of the nature and effects of zero tolerance policies and to explore the resultant issues that must be addressed. In the end, the persons most disproportionately affected include children of color but when zero tolerance policies result in a failure to educate some children, the consequences impact not only those children, but all of us.

  • “I’m Usually the Only Black in My Class”: The Human and Social Costs of Within-School Segregation

    The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in one integrated high school (referred to as Hillside) struggle with being, in most cases, the only Black student in their Advanced Placement courses. Before reporting on the experiences of these high achieving students in Part IV of this Article, Part I provides a brief review of the research literature on desegregation. The review will highlight the degree to which within-school segregation has been featured as a part of this body of work. In Parts II and III, the author then situates these high achievers within the logic of the larger study of which they were a part. Finally, in Part V, the Article concludes with a discussion of how these findings are relevant to the "the hearts and minds" of White Americans and the prospect of creating a more equitable society.

  • Foreword, Separate but Unequal: The Status of America’s Public Schools

    This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking these various topics was the question of what students could do to end separate and unequal schools in America.

  • Expert Report of Claude M. Steele

    Report based on 25-year period of research in the areas of social psychology, the social psychology of race and race relations, and the effects of race on standardized test performance.

  • Foxes Guarding the Chicken Coop: Intervention as of Right and the Defense of Civil Rights Remedies

    This article focuses on the recent spate of cases in which educational institutions on the grounds that their race-conscious admissions policies are unconstitutional. The author analyzes the role of minority students and organizations who are the beneficiaries of those polices at the defendant institutions and their recent attempts to intervene in the lawsuits pursuant to Rule 24 of the Federal Rules of Civil Procedure. First, the author argues that under the traditional interpretation of Rule 24(a); intervention of right should be granted to minority students and organizations in the great majority of instances. Second, the author looks at the reasons that courts have denied intervention, analyzing both the rights and interests of the beneficiaries and the presumption that government parties provide adequate representation. Third, the author examines the conflicts between the interests and goals of defendant institutions and beneficiaries, noting the consequences of denying intervention. The author concludes by arguing that where the affirmative action admissions policies of educational institutions are challenged, district courts should embrace a practical presumption in favor of intervention for minority students and organizations

  • Expert Report of Kent D. Syverud

    Expert report from an educator with experience teaching many students in many settings; particular experience teaching the same subject matter to classes that are racially homogenous and racially heterogeneous, and to classes where non-white students make up a tiny fraction of the enrolled students and where their numbers are more significant.

  • Race-Conscious Diversity Admissions Programs: Furthering a Compelling Interest

    This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program aimed at promoting diversity. The Article concludes by describing the ideal diversity program and why Asian Americans, in particular, should support these programs