Litigation and Liberation

Daniel Keil came and spoke to the class about litigation and its role in the movement. As a lawyer, he did his research on litigation as it pertains to segregation and the school system. During his presentation, Keil made it seem as though litigation has a world of loop wholes. There are some laws that cause for certain rules while having more laws negating the firsts. There is contradiction everywhere. Some have the idea that if there is stigma, then the black community puts it on themselves because the law is neutral, or so they thought. The doll test revealed that segregation causes a stigma or feeling of inferiority, therefore segregation is unlawful. The brown decision was made based on this study. However, if someone were to conduct a study that would validate segregation, then would Brown be overturned? These are the questions that litigation bring up. There are less moral actions in litigation, it is based on fact and proof. If schools were segregated but equal, then would segregation be justified? Now there are talks about the advantages of all-black male schools. Is this the same thing as segregation? Does it matter that there are certain benefits to a homogenous learning society? These are the questions that litigation thinks about.

           Another topic that we discussed was the motivation for private schools. Ultimately we decided that private schools were a way to avoid particular schools. In this particular case, it is the community exercising their right to be a private community. There is a large demand for good public school slots. The good public schools are some of the only substitutions for private high schools, except public schools have unfair distribution system. Many families are unable to stand in a line for multiple days, to receive a spot for their child. A solution to this would be lotteries. However, with the discussion of lotteries come the discussion of liberty. If my kid does not get into this school, then I have the freedom to move where I want in order for them to get the best education. This is simply another way to see white flight or segregation as far as city demographics. Liberty is also a part of the litigation; you cannot tell people that they cannot move because it’s an infringement on their rights. Brown solves an educational problem, but brings up further litigation problems. All these questions that arise give attention to a deeper problem. Liberation cannot solely come from litigation, but it calls for a change in social norms and behavior.