The New School Segregation
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The New School Segregation
Cornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregationp://scholarship.law.cornell.edu/cilj(f Part of the Law CommonsRecommended CitationWilson. Erika K (2016) "Hie New School Segregation," Corwfl /»ifwtđt«»wl Law Ịữumiil: Vol 49: Iss. 3, Article 1.Available at: http://4cholaiship.law.cornell.edu/cili/vot49/iss3/1Dlls Article I* brought to you for free The New School Segregationand open access by theJournal* at Scholar ship^Cocnefl Law: A Digital Repository. It ha* been accepted foe indurion in Cornell International Law JournThe New School Segregation
al by an authorized editor of Scbolarshipin’Comcll Law: A Diýtal Repertory. For more information, please contact impSịỉcomcll.edu.THE NEW SCHOOL SEGRECornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregation-1980s, schools in the South became among the most desegregated in the country. An important hut often underappreciated tool that aided in the fight to desegregate schools in the South was the conventional and strategic use of school district boundary lines. Many school systems in the South delibera The New School Segregationtely eschewed drawing school district boundary lines around municipalities and instead drew them around counties. The resulting county-based system ofThe New School Segregation
school districts allowed for the introduction of school assignment plans that crossed racially and economically segregated municipal boundary lines.SCornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregation racially diverse countybased school districts and forming their own predominately white and middle-class school districts. The secessions are grounded in the race-neutral language of localism, or the preference for decentralized governance structures. However, localism in this context is threatenin The New School Segregationg to do what Brown V. Board of Education outlawed: return schools to the days of separate and unequal with the imprimatur of stale law.This Article isThe New School Segregation
the first to examine Southern municipal school district secessions and the localism arguments that their supporters advance to justify them. It argueCornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregationfessor of Law. University of North Carolina at Chapel Hill. B.A. University of Southern California: J.D. UCl^A School of Law. 1 am thankful to have had the opportunity to present earlier iterations of this paper during the Harvard Yale Stanford Junior Faculty Forum, the Lu tic Lytle Writing Workshop The New School Segregation at Vanderbilt Law School, the New York University Clinical Writers Workshop, the University of Alabama Junior Senior Scholarship Workshop, and the UnThe New School Segregation
iversity of North Carolina Faculty Workshop. For detailed comments on drafts. 1 am grateful to lan Ayres. Tamar Birckhead. Derek Black. Jack Boger. AlCornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregationth. Reva Siegel, and Judith Wegner. 1 am also grateful to Ainna Akbar. Elise Boddie. Wilson Parker. Ted Shaw, and Mark Weidemaier for their willingness to serve as sounding boards for the ideas contained in this Article.140CORNELL LAW REVIEW [VOL 1UZ: I3yeludes by introducing Cl normative framework The New School Segregationto evaluate the legitimacy of the localism justification for Southern school district secessions specifically and decentralized public education goverThe New School Segregation
nance structures more broadly.Introduction......................................... 141I.The Fight for Desegregated Schools in theSouth...............Cornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: http The New School Segregation... 148B.Southern School Desegregation Progress: The Role of the Courts and School DistrictBoundary Lines.............................. 151c. The Implications of Southern School Desegregation Progress....................... 154D. The Supreme Court's Decontextualization of Race In School Desegregatio The New School Segregationn Cases and the Return of Segregated Schools In the South .... 158II.A LEGAL AND Factual Orientation to SouthernSchool District Secessions............The New School Segregation
......... 164A.A Factual Orientation to School DistrictSecessions: Jefferson County. Alabama........ 165B.A Factual Orientation to School DistrictSeceCornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: httpCornell International Law JournalVolume 49Issue 3 Fall 2016Article 1The New School SegregationErika K. WilsonFollow this and additional works at: httpGọi ngay
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