Question

Please Brief: "Brown vs. Board of Education ". located on Page 5 of your book.

1. Make sure to click on the link below to assist in understanding how to properly "brief" as case.

2. Then read the case on Page 5, and brief the case using the "IRAC" format.

When you are finished briefing the case, click on the title above and uploaded it into the

*** Make sure to begin your brief with a brief facts section telling me what happened in the case. So, its more FIRAC, then IRAC.

CH I LAL HERITAGE AND THE DIGITAL AGE 5 Flexibility of the Law U.S. law evolves and changes along with the norms of society, technology, and the growth and expansion of commerce in the United States and the world. The following quote by Judge Jerome Frank discusses the value of the adaptability of law: " L a estable and wir and Sil." Roscoe Pound Turpretation of Legal Mistery (1923) The low any h et, is not and control, largely uwandurile www. d rarhere he lower with marione in bror Nicated a sole confund bin A rbeiter of life parades fore it more con despica The content de profundit premies a la system capable widity and Niany. Our ralphanume of the cours hakea of the l i ne and it to the mais of rochain oral indi an political conditions abowochure Leadel af rules of the more or less i n and therefore nor icely calmlable. Much of the uncertainty of law is not an unfortunate accident, it is of immense social www CRITICAL LEGAL THINKING Are there any benefits for the law being "wage and variable Are bright line test possible for the law? Explain the statement, "Much of the uncertainty of Law is not an unfortunate accident; it is of immense social valor." A landmark U.S. Supreme Court case-Brotowe Board of Edwarion--is discussed in the following feature. This case shows the flexibility of the law because the U.S. Supreme Court overturned a past decision of the U.S. Supreme Court. Landmark U.S. Supreme Court Case Brown v. Board of Education "We conclude that in the field of public education the children attended separate schools, often with unequal doctrine of separate but equal' has no place." facilities. -Warren, Justice It was not until 1954 that the U.S. Supreme Court decided a case that challenged the "separate but equal" doc- Slavery was abolished by the Thirteenth Amendment to trine as it applied to public elementary and high schools. the Constitution in 1865. The Fourteenth Amendment, In Browns Board of Education, a consolidated case that added to the Constitution in 1868, contains the Equal challenged the separate school systems of four states-- Protection Clause, which provides that no state shall Kansas, South Carolina, Virginia, and Delaware the "deny to any person within its jurisdiction the equal Supreme Court decided to revisit the separate but equal" protection of the laws." The original intent of this doctrine announced by its forbearers in another century. amendment was to guarantee equality to freed African This time, a unanimous Supreme Court, in an opin- Americans. But equality was denied to African Americansion written by Chief Justice Earl Warren, reversed prior for years. This included discrimination in housing, precedent and held that the "separate but equal" doctrine transportation, education, jobs, service at restaurants, and violated the Equal Protection Clause of the Fourteenth other activities. Amendment to the Constitution. In its opinion, the In 1896, the U.S. Supreme Court decided the case Court stated: Plessy Ferguson. In that case, the state of Louisiana had Today, education is perhaps the most important func- a law that provided for separate but equal accommoda- tions for African American and white railway passengers. tion of state and local government. We conclude that in The Supreme Court held that the "separate but equal" the field of public education the doctrine of parate but state law did not violate the Equal Protection Clause of equal" has no place. Separate educational facilities are inherently unequal. Therefore, we bold that the plain- the Fourteenth Amendment. The "separate but equal tiffs and other similarly situated for whom actions have doctrine was then applied to all areas of life, including public education. Thus, African American and white been brougly are, by reason of the segregation complained (care continues)

Answer 1

Brown v. Board of Education of Topeka was a landmark 1954 Supreme Court case. It was ruled unanimously that racial segregation of children in public schools was unconstitutional. This case was one of the cornerstones of the civil rights movement, and helped establish the precedent that “separate-but-equal” education and other services were not, in fact, equal at all.

In 1896, the Supreme Court ruled in Plessy v. Ferguson that racially segregated public facilities were legal, so long as they were equal for blacks and whites barring African Americans from sharing the same buses, schools and other public facilities as whites and established the “separate but equal” doctrine.

Schools for black children were not equal to the white schools, and that segregation violated the “separate but equal” doctrine. the public school segregation had a “detrimental effect upon the colored children” and contributed to “a sense of inferiority,” but still upheld the “separate but equal” doctrine.

Brown v. Board of Education, a consolidated case, challenged the separate school system of four states .A unanimous supreme courtheld that segregation violated the so-called “equal protection clause” of the 14th Amendment, which holds that no state can “deny to any person within its jurisdiction the equal protection of the laws.”

After the judgement many of the public schools in the country were integrated.