Johnson v. California: a grayer shade of Brown.

From: Duke Law Journal | Date: October 1, 2006| Author: | Copyright information

INTRODUCTION

For decades, the famous school desegregation case of Brown v. Board of Education (1) and its progeny have supported the notion "that a State may not constitutionally require [racial] segregation of public facilities." (2) Indeed, with regard to state-mandated racial segregation, the doctrine of "separate but equal" has long been considered dead and buried. (3) In February 2005, however, the Supreme Court of the United States in Johnson v. California (4) curiously reopened the segregation question by replacing the post-Brown ban on racial segregation with the ...

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