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70 Nw. U. L. Rev. 725 (1975-1976)
School Desegregation at the Crossroads

handle is hein.journals/illlr70 and id is 729 raw text is: Copyright 1976 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 70, No. 5 o'm LAW REVIEW VOLUME 70 NOVEMBER-DECEMBER NUMBER 5 SCHOOL DESEGREGATION AT THE CROSSROADS Leonard P. Strickman* The greatest single social/constitutional experiment of this cen- tury-school desegregation-is in grave trouble. In 1954, when Brown v. Board of Education' (Brown 1) was decided by a unani- mous Supreme Court, a national consensus on the moral and legal correctness of the Court's decision was made more easily obtainable by the widespread perception that its effect would be simply to prohibit the racially based exclusion of any child from a public school and that it would therefore apply only to those southern states which had maintained segregated schools by statute.2 Indeed, the political process responded in a supportive way to the judicial pronouncement in Brown I (although somewhat tardily) by enacting Titles IV and VI of the Civil Rights Act of 1964.1 * Associate Professor, Boston College Law School; A.B., University of Roches- ter, 1963; LLB., Yale University, 1966. The author would like to acknowledge the able research assistance of Peter A. Pavarini, a law student at Boston College Law School, in the preparation of this article. 1 347 U.S. 483 (1954). 2 See, e.g., TIME, May 24, 1954, at 98, col. 1. Indeed, scholarly analysis of the social, political, and legal impact of the Brown I decision was confined mainly to the South. See, e.g., Brown, White South is a Minority Group, 17 ALA. LAw. 438 (1956); North, Desegregation: Its Implications in the Constitutional, Political, Legal, Economic, and Sociological Spheres of Southern Life, 25 FoRD. L. REv. 91 (1956). 3 Titles IV and VI, 42 U.S.C. §§ 2000c-d (1970), provide administrative and prosecutorial mechanisms for the enforcement of desegregation. Title IV authorizes the Office of Education to give technical and financial assistance to local school boards in their efforts to dismantle dual systems and further instructs the Attorney General to file desegregation suits on the complaint of private citizens. Title VI requires all federal agencies administering grant-in-aid programs to withhold funds from schools and other recipients which have continued to discriminate on account of race or national origin. Note, The Courts, HEW, and Southern School Segrega- tion, 77 YALE L.J. 321 (1967).

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