An Argument for a Return to Plessy v. Ferguson: Why Illinois Should Reconsider the Doctrine of "Separate but Equal" Public Schools
This Comment analyzes the steady erosion of the 1954 landmark Brown v. Board of Education case. Specifically, it argues that the millions of poor and overwhelmingly minority school children who are attending 99% single-race schools might actually have access to better teachers and more adequate educational funding under the long-abandoned principle that "separate" schools must be "equal," by some measure, than such students fare under today's watered down interpretation of the Brown case. Illinois, which ranks dead last in school-funding equality as measured by disparity in per pupil expenditures, is examined in depth. The Comment provides extensive statistical analysis and comparisons which highlight the vastness of the chasm that separates black and white and the rich and poor in this nation. An overview of constitutional education and equal protection jurisprudence is provided beginning with Brown and extending through the 2007 case Parents Involved in Community Schools v. Seattle School District No. 1, which provided a glimmer of hope for diversifying de facto segregated schools, despite the shockingly oversimplified tenor of the plurality opinion.
College of Law
Northern Illinois University Law Review
"An Argument for a Return to Plessy v. Ferguson: Why Illinois Should Reconsider the Doctrine of "Separate but Equal" Public Schools,"
Northern Illinois University Law Review: Vol. 29:
1, Article 1.
Rick Guzman, Comment, An Argument for a Return to Plessy v. Ferguson: Why Illinois Should Reconsider the Doctrine of "Separate but Equal" Public Schools, 29 N. Ill. U. L. Rev. 149 (2008).