Racial Discrimination and Private Education

Racial Discrimination and Private Education: A Legal Analysis

Arthur S. Miller
Copyright Date: 1957
Pages: 154
https://www.jstor.org/stable/10.5149/9780807879689_miller
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  • Book Info
    Racial Discrimination and Private Education
    Book Description:

    Miller discusses the possible governmental sanctions against integration and the possible ways in which the guarantees of the First and Fourteenth Amendments might be sought and obtained for private schools. He also analyzes the possible effects of discriminatory administrative enforcement of laws as a weapon against integration and the use of and protection against extra-legal sanctions.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

    eISBN: 978-0-8078-3807-5
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. INTRODUCTION
    (pp. vii-xii)
    Arthur S. Miller

    The relationships of ethnic groups—in broad terms, the relationship between the dark-skinned peoples and the whites, the Negroes, Mexicans, and Puerto Ricans and the remainder of the nation—is by far the most pressing social problem facing the United States today. The twentieth-century battle for the social-service state has in large part been won. Not won—perhaps the battle is not even fully joined as yet—is the place that the nonwhite will have in the American version of the welfare state. Brought to a sharp point by the Supreme Court decision in May, 1954, in theSegregation Cases,...

  3. Table of Contents
    (pp. xiii-2)
  4. CHAPTER ONE THE PRIVATE SCHOOL SYSTEM IN AMERICA
    (pp. 3-20)

    Largely neglected in the swirl of controversy that has developed since the May 17, 1954, decision of the Supreme Court in theSegregation Cases¹ is the private school and its position in the pattern of educational racial discrimination. Attention has been focused almost exclusively upon the public school systems and their administration, and, to a lesser extent, upon the announced plans of some states to establish a subsidized system of private schools as a means of avoiding the impact of the segregation decision. But the privately operated school in the southeastern United States, whether denominational or otherwise, has not escaped...

  5. CHAPTER TWO GOVERNMENTAL SANCTIONS AGAINST INTEGRATION
    (pp. 21-50)

    The place of the private school as an integral part of the American school system has been secure since the decision in 1923 of the United States Supreme Court in thePiercecase. However, the limits of the power of state governments to regulate those schools has never been definitively clarified. That the state can regulate is clear; still obscure and ill-defined are the limits of that power. That some restraints do exist is a necessary conclusion from thePiercedecision and from the nature of the American system of constitutional government.

    By and large, state control has taken the...

  6. CHAPTER THREE PRIVATE SANCTIONS AGAINST INTEGRATION
    (pp. 51-67)

    Law, whether created by legislature (law as statute) or by court (law as decision), is but one of the means by which the affairs of society are ordered, even though it may be, as Roscoe Pound maintains,¹ the most important of the numerous methods of social control. The behavior patterns of people are created or altered as a result of a congeries of factors and influences. Law at best has but a limited role to play in this process. Accordingly, there are factors other than the governmental sanctions discussed in Chapter Two that will be influential in the decision whether...

  7. CHAPTER FOUR THE PUBLIC NATURE OF PRIVATE EDUCATION
    (pp. 68-96)

    It is clear that the public school administrators are not the only educators who are deeply concerned with racial discrimination; some of their colleagues in private and denominational schools also face serious problems. Of course these are of a different type, being concerned for the most part with the reaction that may take place in the wake of a private school’s decision to integrate the races in its student body. The private school administrator has not had to grapple with problems of imposed integration; his have been or will be voluntarily shouldered. Suppose, however, the decision is made by the...

  8. CHAPTER FIVE LIMITATIONS IN GRANTS AND GIFTS
    (pp. 97-122)

    One result of the strong preference in American law for the institution of private property has been the fact that a property owner is allowed to control its use, not only during his lifetime, but also long after his death. Liberty of testation has been the rule, although there have been some limitations imposed in every state. These, however, do not alter the basic proposition of control by the “dead hand.”¹ “In any civilized society, there is no escape from the dead hand. In a sense we live by it. Our literature, our art, our architecture, our science, our religion,...

  9. CHAPTER SIX AN APPRAISAL
    (pp. 123-130)

    In the foregoing chapters we have discussed the legal problems inherent in any attempt of a private school to admit both Negroes and whites to its student body. A number of conclusions, most of them admittedly tentative, have been drawn; others may now be added.

    Before doing so, it is important to point out that the problems discussed are but one facet of the over-all question of Negro-white relations in the United States and of the changes which will be made in existing patterns of practice in those relations. An understanding of the aspirations of the Negro citizens, together with...

  10. TABLE OF CASES
    (pp. 133-134)
  11. INDEX
    (pp. 135-138)