((Re)considering Race in the Desegregation of Higher Education

Abstract

This Essay examines the struggle to desegregate theUniversity of Georgia (UGA) in the context of the broaderstrategies to defeat segregation in higher education. Indoing so, this Essay explores Horace T. Ward\u27s struggle toenroll in UGA School of Law in Ward v. Regents, the firstlawsuit in Georgia history to attempt to dismantle thecenturies-old practice of segregation at UGA. The Essaythen examines the Holmes v. Danner case, which led to theadmission of the first African-American students at UGAand the dismantling of segregation statewide in Georgia\u27spublic colleges and universities.Building upon this backdrop, this Essay draws uponthese cases and others within the history of desegregationand civil rights to illustrate how the issue of race cannotbe detached from the continued struggle for equality ineducation. With this in mind, the Essay argues that thecases involving UGA, added to the broader narrative ofthe battle to achieve racial equality in higher education,offer additional perspectives on why courts should givepause when rejecting the necessity of considering race ineducational policies aimed at reducing segregation andinequality. The history and present teach us that racemust be accounted for to effectively confront contemporarybarriers to educational equality and the lingering discrimination that affects some ethnic and gender groupsin America

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