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1 Duke F. L. & Soc. Change 1 (2009)

handle is hein.journals/dukef1 and id is 1 raw text is: DESEGREGATION LAW AND JURISPRUDENCE ESSAY WENDY B. SCOTTt I. THE ORIGINAL DEBATE: DOES DESEGREGATION REQUIRE INTEGRATION? ............. 2 II. EQUALITY RATIONALES FOR DESEGREGATION ...................................................... 4 A . D eferential Equality ................................................................................... 4 B. Form al Equality .......................................................................................... 6 B. Substantive Equality ................................................................................... 9 C. Retreat from Substantive Equality ........................................................ 10 D. Substantive Equality and Diversity ........................................................ 14 III.AN TI-SUBORDIN ATION .................................................................................. 15 C O N C LU SIO N .................................................................................................................... 17 In the inaugural issue of the Duke Forum for Law & Social Change (the Forum), the founders chose to pursue the question: How Do We Move Education Forward? The panel presentations at the Spring Conference and the articles in the inaugural publication address the question from two distinct vantage points. First, the Forum asked panelists to tackle the question, Does Integration Still Matter? At a time when some would contend that we are living in a post-racial America -following the election of Barack Obama, the first black President of the United States-the Forum members demonstrated their understanding that a proactive challenge to the entrenched structural inequality in our public education system remains vitally important to the future of public education.1 The Forum's Spring Conference stimulated probing discussion about t Wendy B. Scott, Professor of Law, North Carolina Central University School of Law; B.A. Harvard University and J.D. NYU School of Law. Professor Scott has written, lectured and consulted extensively on issues surrounding school desegregation. She extends thanks to her colleagues at North Carolina Central and those in attendance at the Mid-Atlantic People of Color Conference 2009, for their invaluable comments. The research support provided by Susan McCarty of the University of Maryland School of Law library staff and Research Assistants, MyEsha Craddock and Jennifer Shahabuddin is deeply appreciated. Special thanks to Professors Paulette Caldwell, Muriel Morrison, Cassandra Havard, Rachal Moran for offering in-depth comments, and symposium co-panelist Olatunde Johnson and Kristi Bowman for introducing a new generation of ideas into the conversation on equal education opportunity for all children. 1. Scholars periodically query the relevance of desegregation remedies as we move further forward from the days of de jure segregation and society becomes more diverse and integrated. See, e.g., Wendy Parker, The Future of School Desegregation, 94 Nw. U. L. REV. 1157 (2000) (proposing ways

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