Racialized Religious School Segregation

Carson v. Makin has several implications for the future of school-choice programs. This Essay explores one possibility: an increase in sectarian schools participating in state-funded school-choice programs, causing new forms of school segregation based on race and religion and impairing the democracy-enhancing functions of public education

The Legal Foundations of White Supremacy

This paper focuses on a very important part of white supremacy — the legal foundations of white supremacy. The central thesis of this paper is that American law has historically played a vital role in constructing white supremacy. While America has eliminated overt race-conscious laws that favor whites, the law continues to play a critical role in maintaining white supremacy today. Unless and until we commit to understanding the history of the law in constructing white supremacy and the ways in which modern iterations of law continue to perpetuate white supremacy, white supremacy will remain an enduring feature of American society

Monopolizing Whiteness

In racially diverse metropolitan areas throughout the country, school district boundary lines create impermeable borders, separating affluent and predominantly white school districts from low-income, predominantly nonwhite school districts. The existence of predominantly white and affluent school districts in racially diverse metropolitan areas has material consequences and symbolic meaning. Materially, such districts receive greater educational inputs such as higher per-pupil spending, higher teacher quality, and newer facilities than their neighboring more racially diverse districts. Symbolically, owing to the material and status-based value attached to whiteness, the districts are also viewed as elite, which creates a magnetic effect that draws white affluent families. Despite the material consequences and symbolic meaning of maintaining predominantly white school districts, a limited amount of scholarship addresses racial segregation in schools from the vantage point of white students. This Article fills that void in the school-desegregation legal literature. It analyzes white-student segregation through a sociological framework called social closure, a process of subordination whereby one group monopolizes advantages by closing off opportunities to other groups. This Article argues that the laws surrounding school district boundary lines enable white students in racially diverse metropolitan areas to engage in social closure and to monopolize high-quality schools. This Article further suggests that equal protection doctrine, the doctrine traditionally used to address racial segregation in schools, cannot capture the monopolization harms caused by white-student segregation. Therefore, it looks to antitrust law for guidance. It demonstrates how principles from antitrust’s essential facilities doctrine can help conceptualize and remedy the monopolization harms caused by white-student segregation in racially diverse metropolitan areas

Leveling Localism and Racial Inequality in Education through the No Child Left behind Act Public Choice Provision

School district boundary lines play a pivotal role in shaping students\u27 educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism in its school equity jurisprudence. This doctrinal preference for localism has led the federal judiciary to, among other things, find inter-district school desegregation plans unconstitutional while upholding the constitutionality of school financing schemes with gross disparities in per-pupil spending between school districts. This Article suggests that a new remedial paradigm that embraces regionalism as an antidote to the localism found in the federal judiciary\u27s school equity jurisprudence is necessary to combat segregation and inequality between school districts. One potential remedial solution lies in the No Child Left Behind Act public choice provision, which allows students to transfer from a failing school to a non-failing one. This Article argues that Congress should amend the public choice provision during NCLB\u27s next re-authorization by adopting a statutory framework similar to the framework found in portions of the Fair Housing Act, which embraces regionalism and citizen mobility as a means of facilitating integration and equality

The New White Flight

White charter school enclaves — defined as charter schools located in school districts that are thirty percent or less white, but that enroll a student body that is fifty percent or greater white — are emerging across the country. The emergence of white charter school enclaves is the result of a sobering and ugly truth: when given a choice, white parents as a collective tend to choose racially segregated, predominately white schools. Empirical research supports this claim. Empirical research also demonstrates that white parents as a collective will make that choice even when presented with the option of a more racially diverse school that is of good academic quality. Despite the connection between collective white parental choice and school segregation, greater choice continues to be injected into the school assignment process. School choice assignment policies, particularly charter schools, are proliferating at a substantial rate. As a result, parental choice rather than systemic design is creating new patterns of racial segregation and inequality in public schools. Yet the Supreme Court’s school desegregation jurisprudence insulates racial segregation in schools ostensibly caused by parental choice rather than systemic design from regulation. Consequently, the new patterns of racial segregation in public schools caused by collective white parental choice largely escapes regulation by courts. This article argues that the time has come to reconsider the legal and normative viability of regulating racial segregation in public schools caused by collective white parental choice. The article makes two important contributions to the legal literature on school desegregation. First, using white charter school enclaves as an example, it documents the ways in which school choice policies are being used to allow whites as a collective to satisfy their preference for segregated predominately white schools. Second, the article sets forth both constitutional and normative arguments for regulating the private choices that result in stark racial segregation patterns in public schools

Leveling Localism and Racial Inequality in Education through the No Child Left behind Act Public Choice Provision

School district boundary lines play a pivotal role in shaping students\u27 educational opportunities. Living on one side of a school district boundary rather than another can mean the difference between being able to attend a high-achieving resource-enriched school or having to attend a low-achieving resource-deprived school. Despite the prominent role that school district boundary lines play in dictating educational opportunities for students, remedies formulated by the federal judiciary-the institution frequently looked upon to address issues of school segregation and inequality-are ineffective in ameliorating disparities between school districts. They are ineffective because the federal judiciary evidences a doctrinal preference for localism in its school equity jurisprudence. This doctrinal preference for localism has led the federal judiciary to, among other things, find inter-district school desegregation plans unconstitutional while upholding the constitutionality of school financing schemes with gross disparities in per-pupil spending between school districts. This Article suggests that a new remedial paradigm that embraces regionalism as an antidote to the localism found in the federal judiciary\u27s school equity jurisprudence is necessary to combat segregation and inequality between school districts. One potential remedial solution lies in the No Child Left Behind Act public choice provision, which allows students to transfer from a failing school to a non-failing one. This Article argues that Congress should amend the public choice provision during NCLB\u27s next re-authorization by adopting a statutory framework similar to the framework found in portions of the Fair Housing Act, which embraces regionalism and citizen mobility as a means of facilitating integration and equality

Barreras y facilitadores para la implementación de cadenas de suministro sostenibles en la industria naval

Sustainability is a topic of interest on the agenda of governments, companies and academics worldwide. Changing practices in supply chain management to decrease environmental and social impact has become more important. The shipping industry is also facing these challenges and is looking to incorporate new technologies and processes for supply chain management. However, depending on the context, previous studies have identified different factors that influence the successful implementation of sustainable practices. The objective of this study is to review the barriers and facilitators that influence the implementation of sustainable supply chain management policies in the shipping industry through a literature review and evaluate their relationships.La sostenibilidad es un tema de interés en la agenda de los gobiernos, las empresas y académicos a nivel mundial. Cambiar las prácticas en la gestión de la cadena de suministro para disminuir el impacto ambiental y social se ha vuelto más importante. La industria naval se enfrenta también a estos desafíos, por lo que busca la incorporación de nuevas tecnologías y procesos para la gestión de su cadena de suministro. Sin embargo, dependiendo del contexto estudios previos han identificado diferentes factores que influyen en el éxito de la implementación de prácticas sostenibles. El objetivo de este estudio es realizar una revisión sobre las barreras y facilitadores que influyen en la implementación de políticas de gestión sostenible de la cadena de suministro en la industria naval a través de una revisión de literatura y evaluar sus relacione

Race, Space and Democracy: Locally-Based Strategies for Development - Panel Discussion from Fourth National People of Color Legal Scholarship Conference, Hosted at the American University Washington College of Law

Panel Discussion from Fourth National People of Color Legal Scholarship Conference, Hosted at the American University Washington College of Law: [Audrey McFarlane] Alright, good morning everyone, thank you for joining us. This is the race, space, and democracy panel, locally based strategies for development. Right now we have with us, me. I\u27m Audrey McFarlane. I\u27m a professor at the University of Baltimore. We also have Erika Wilson, who is a professor at the University of North Carolina. I\u27m going to dispense with the long bios, and commend you to the program guide for the long bios. Suffice it to say, that everybody on this panel is extremely distinguished.. and now I feel bad because I [feel I] should explain in more detail. And then we have Ezra Rosser, who\u27s a professor at Washington College of Law. And we have Alexandre, who is an outgoing professor, University of Mississippi, and the incoming dean at Stetson School of Law