Wednesday video--with, without. Panel # 13 papers due tomorrow at 7 p.m.; Panel # 14 papers due next Thursday at 7p.m. All papers should be sent to Connie Giffuni: cgiffuni@fiu.edu.
We continue with Race Discrimination and Loving and Korematsu. Think about the difference between anti-classification and anti-subordination ideas and how each explains the defects in the laws in both cases. How, exactly, is the anti-miscegination law racially discriminatory, if whites and African-Americans are prohibited from marrying the other race and punished similarly?
One historical point: Jim Crow did not begin immediately after Reconstruction; it took about 10-15 years, leading to Plessy in 1896. Following the decision, Jim Crow takes off, extending to segregation in schools, hotels, restaurants, parks, hospitals, prisons, bathrooms, and water fountains.
We then move to School Desegregation and Panel # 16. Think about Brown and school desegregation in terms of the anti-subordination v. anti-classification principles. Parse Brown and the analysis the Court used and consider a different approach it could have taken. Note the course of school desegregation after Brown as another illustration of how Supreme Court opinions get implemented on the ground. How do the two theories of the equal protection clause diverge in Parents Involved? How did the Court declare invalid desegregation in D.C. schools?
I hope to reach De Jure v. De Facto Segregation towards the end of class (Panel # 17), so please prep that fairly short reading.
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