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The Segregation and Resegregation of American Public Education

The Courts' Role

By Erwin Chemerinsky

Desegregation efforts in schools have not been very successful, and schools around the country are resegregating. In Brown v. Board of Education, the U.S. Supreme Court gave an impetus to desegregation but failed to support this impetus. The Court contributed to the resegregation of American public education; it prevented interdistrict remedies, refused to find inequities in school funding unconstitutional, made it difficult to prove discrimination in Northern school systems, and ended effective desegregation efforts.

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