This argument is eloquently made by Goodman who posits that the Supreme Court's decision in Brown v. Board of Education while addressing de jure segregation did nothing for the ensuing de facto segregation that existed at the time (275). To support his position Goodman engages a multipronged approach to demonstrate the ongoing de facto discrimination within the school system. The argument is also supported by Green who argues that the Supreme Court, by failing to address de facto discrimination allowed the practice to continue (139). While some argued that the courts cannot address de facto discrimination, Green demonstrates that in the case of Sheff v. O'Neill the state judiciary did address de facto discrimination through court action (145).
An interesting facet of the argument that often goes unconsidered is whether there is actually a clear difference between de facto and de jure discrimination. There is a position that runs counter to the convention wisdom and suggests that the distinction made between de facto and de jure is arbitrary in nature and that fundamentally the idea of separate but equal is uniquely flawed in that it is inherently discriminatory (Reading the mind 320). This argument does not suggest that de facto discrimination is none existent rather it suggests that de jure discrimination is an outworking of de facto discrimination.
De facto discrimination is often so deeply entrenched within the social fabric that in cases where the laws supporting discrimination are removed the behaviors still abound. Eubanks posits that it was necessary to engage the services of a Court Master to ensure that the will of the court was carried out (210). This became necessary because while the court removed the legal support to discrimination, other institutions were unwilling to follow...
Economics A price discrimination strategy is one where different customers are charged different amounts. The price charged for my shop's submarine sandwiches will therefore be different for locals than for visitors. There are a number of ways to achieve this. In the context of a sandwich shop, the prices are going to be listed publicly on the menu, so it is impossible to openly discriminate with respect to prices. One technique
Affirmative Action Planning Affirmative Action Through its reference to affirmative action, the Civil Rights Act of 1964 ushered in a remedy for disadvantage and discrimination that was intended to reach into the hallowed halls of higher education, union halls, and corporate meeting rooms. President Johnson extended The Act to federal contractors through an Executive Order, and again the charge was to take affirmative action to ensure discrimination was not occurring. The Act
In evaluating the legality of racial disparities in law enforcement, the courts have clearly sought to determine the motivation for discriminating." (Knowles et al, 207) This illustrates a wide political and philosophical variance in the way that Americans understand this concept of police discrimination, with the courts asking questions seeming to imply that discrimination is not in and of itself a negative thing. Quite to the point, across the last eight years, the War On Terror had
Vann Woodward and Jim Crow Evaluating the impact of Reconstruction social policy on blacks is more controversial due to the issue of segregation. Until the publication of C. Vann Woodward Strange Career of Jim Crow in 1955, the traditional view was that after the gains of Reconstruction, Conservative Democrats clamped down on the blacks by instituting an extensive system of segregation and disfranchisement (Woodward, 1974). Woodward, however, argued that there was
Change must be imminent yet it is hard to know where it will come from as racial and economic inequity that leads to and sustains segregated housing remains multifaceted, with no universal answer that will touch on all issues. The program must be comprehensive and yet it cannot exclude grass roots efforts to improve the situation, either in racially segregated areas or within the whole community of the United States.
The milestone that the Civil Rights Movement made as concerns the property ownership is encapsulated in the Civil Rights Act of 1968 which is also more commonly referred to as the Fair Housing Act, or as CRA '68. This was as a follow-up or reaffirmation of the Civil Rights Act of 1964, discussed above. It is apparent that the Civil Rights Act of 1866 outlawed discrimination in property and housing there
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