LS308: Law and Society Unit 6 Seminar

1. LS308: Law and Society Unit 6 Seminar Music by OZ Unit 6 Discussion

2. Seats, stop typing, stay awake, be good

3. Unit 6 Discussion Law and Social Change • In this unit we will discuss the views of prominent legal theorists who provided very historically important and still very influential work on the impact of social change on law. We’ll also discuss the relationship between law and social change.

4. Unit 6 Discussion Law and Social Change • This Week • Seminar • Discussion Board • Learning Activity

5. Unit 6 Discussion Law and Social Change Discussion Scenario: The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. Originally led by Charles H. Houston, and later Thurgood Marshall and a formidable legal team, it dismantled the legal basis for racial segregation in schools and other public facilities. Let’s discuss how this decision illustrates the difficulties in determining the effectiveness of law as an agent of social change

6. BUT FIRST BREAKING NEWS I was contacted by the Governor of Ohio who has provided me with rare footage of Gator on the job at his last assignment.

7. Police officers need sleep too you know.

8. Actually, this is a lead in to a War Story • Perspective • Polish/Italian Philadelphia, Detroit • Air Force Viet Nam – Iraq • Baby boomer generation (3 kids) • Graduate degree • Aviation / law • Live in Florida • Beach house Navarre Beach, Condo Jacksonville • Estate Home in Melbourne

9. Actually, this is a lead in to a War Story • 1990 • The trek: • Detroit Michigan – Ft Walton Beach Florida • 900 miles • Ohio State Police • Decatur Alabama

10. Racism • In my world it does not exist • Name calling • Abbey Germs black out • Rodney King

11. Is this Racism • As Art Linkletter used to say, "Kids say the darndest things!!!" • I was eating lunch on the 20th of February with my 7 year-old granddaughter and I asked her, • "What day is tomorrow?"     She said, "It's President's Day!"  (She's a smart kid!) • I asked, "What does President's Day mean?"  I was waiting for something about Washington or Lincoln....etc. • She replied, "President's Day is when President Obama steps out of the White House, and if he sees his shadow, we have one more year of unemployment." • You know, it hurt when hot coffee spurts out of your nose!!!...

12. When you see this man on TV what do you see Do you see a President or do you see a Black President?

13. Brown v. Board of Education The 1954 United States Supreme Court decision in Oliver L. Brown et.al. v. the Board of Education of Topeka (KS) et.al. is among the most significant judicial turning points in the development of our country. Originally led by Charles H. Houston, and later Thurgood Marshall and a formidable legal team, it dismantled the legal basis for racial segregation in schools and other public facilities. Let’s discuss how this decision illustrates the difficulties in determining the effectiveness of law as an agent of social change

14. Brown v. Board of Education • Let’s give a brief overview of the facts • Let’s IRAC the case • Who can give us a NUTSHELL on the facts?

15. Facts of Brown v. Board of Education • Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries

16. Brown v. Board of Education IRAC ISSUE: Does the segregation of children in public schools solely on the basis of race deprive the minority children of the equal protection of the laws guaranteed by the 14th Amendment?

17. Brown v. Board of Education IRAC RULE: 14th AMENDMENT

18. Brown v. Board of Education IRAC ANALYSIS: Despite the equalization of the schools by "objective" factors, intangible issues foster and maintain inequality. Racial segregation in public education has a detrimental effect on minority children because it is interpreted as a sign of inferiority. The long-held doctrine that separate facilities were permissible provided they were equal was rejected. Separate but equal is inherently unequal in the context of public education. The unanimous opinion sounded the death-knell for all forms of state-maintained racial separation.

19. Brown v. Board of Education IRAC CONCLUSION: YES

20. So where are we today • Did the Law that flowed from Brown v. Board of Education change Society and if so HOW? • Since the Supreme Court reversed course in 1991 and authorized return to segregated neighborhood schools, there has been an increase in segregation every year, particularly for black and Latino students -- 40% of Latinos and 39% of blacks now attend intensely segregated schools. The average black and Latino student is now in a school that has nearly 60% of students from families who are near or below the poverty line.

21. What happened in 1991 • The Supreme Court struck down two voluntary desegregation plans with a majority of the • Justices holding that individual students may not be assigned or denied a school • assignment on the basis of race in voluntary plans even if the intent is to achieve • integrated schools—and despite the fact that the locally designed plans actually fostered • integration.

22. Adjourn Have a great week… “See” you on the Discussion Boards

23. The End