Racial Segregation

Question 1

Muller v. Oregon conundrum

Answer 1

i. Brandeis brief
1) Used social science
2) None of the studies were introduced at trial
3) None of the witnesses testified in a US court
4) Court still paid attention

Question 2

Kenneth Culp Davis

Answer 2

Adjudicative facts

Legislative facts

Question 3

Adjudicative facts

Answer 3

1) Case specific
2) From witnesses or presented evidence
3) Rules of evidence apply adjudicative facts

Question 4

Legislative facts

Answer 4

1) Statutory
2) No rules apply

3) Not open to pre-decision debate
a) Davis argues that legislative facts should open to debate if facts are:
i) Narrow and specific
ii) Central or critical
iii) Controversial
iv) Unmixed with judgment or policy
v) Provable
vi) In some degree about the parties

Davis says courts should appoint own research team for legislative facts

Question 5

Judicial Notice

Answer 5

i. Generally known and accepted facts

i. e. the ocean tide on a certain day

Question 6

Plessy v. Ferguson

Answer 6

Upholds separate but equal

Question 7

Deutscher/Chein Effects of Enforced segregation survey

Answer 7

i. Surveyed experts on human behavior

ii. Results: segregation has detrimental effects

Question 8

Doll study (Clark and Clark)

Answer 8

i. Purports that integrated black children more likely to pick white doll as favorable
ii. Argues that black kids were just feeling defeated in segregated schools

iii. Projective testing
1) Influenced by Freud
Behavior projects internal feelings

Question 9

Brown v. Board of Education

Answer 9

i. Appendix brief
1) Desegregation leads to better outcomes and relations
a) Legislative facts have changed from Plessy
i) Plessy was wrong; segregation is a badge of inferiority

2) Counter-argument: no one elected Deutscher/Chein
a) Not legislative fact

ii. Cahn rebuttal (Jurisprudence page 19)
These changes from Brown are happening too fast based on social science that might change

Question 10

Stell v. Savannah

Answer 10

i. Argues that Brown was adjudicative fact, not legislative
1) Finding of fact
2) Applies only

ii. Clearly a racist decision
Overruled by 5th circuit

Question 11

White flight:

Morgan v. Kerrigan

Answer 11

i. Lower court orders bussing

ii. 1st Circuit overrules
Violates constitutional rights

Question 12

Parents v. Seattle

Answer 12

a. School district voluntarily assigned based on race

b. SCOTUS: unconstitutional; did not meet criteria of Strict Scrutiny; only race was taken into account