This dissertation seeks to describe and explain the connection between The Supreme Court and politics outside of the judicial system. It is a case study of the reaction to the Brown v. Board of Education integration decision in the American South. I apply a theoretical model of “judicialization,” arguing that when courts affect politics outside of the judicial system, they reshape politics to resemble the adversarial legal system, sparking polarized conflict and causing non-judicial political actors to make arguments in the form of constitutional doctrine. Analyzing editorials and letters to the editor from Southern newspapers, I show that debate after Brown was characterized by appeals to constitutional principles, and that Brown increased the salience of segregation in schools as a subject of political debate. I also supplement my Southern newspaper data with data from African-American newspapers and analyze Southern elections in the periods immediately before and after the education integration decision to assess the impact of the Court’s education decision on both voters and candidates. / text

Virginia's Pupil Placement Board was the most enduring vestige of the state's "massive resistance" movement in the 1950s. Following the example of other Southern states, the state's General Assembly passed the Pupil Placement Act in 1956 as part of a package of legislation designed to counteract the Supreme Court desegregation ruling. The Act, and the Pupil Placement Board that enforced it, lasted a decade, much longer than any of the other legislative initiatives born during that session, longer than the massive resistance movement itself.Whites, including many of Virginia's leaders, considered the Board to be ineffective at stemming the onslaught of integration, while African-Americans felt that the agency breeched their constitutional rights. From its inception to its dissolution in 1966, the Pupil Placement Board had to defend itself in a slew of desegregation cases all over Virginia, and the General Assembly changed the law several times to comply with court orders. Despite this adversity, the Board was consistently effective in stemming desegregation in Virginia throughout its tenure.

Constitutive rhetoric theory posits that community identity is rhetorically created. There are various approaches to constitutive rhetoric, though most rhetoricians have chosen to focus on the works of Maurice Charland and Michael McGee, whose approaches focus on audience so much that often the rhetor has no agency. This project blends their ideas with those of James Boyd White to create works of criticism that highlight an increased amount of agency for the rhetor. As examples, I have chosen four case studies from the year 1954: the Brown v. Board decision, the Army-McCarthy hearing (specifically McCarthy's heated exchange with Joe Welch), the addition of "under God" to the Pledge of Allegiance, and the first article in the first dated issue of Playboy. Each chapter is designed to provide an example of what a constitutive analysis in the style of White would look like. The project begins with a description of the theories and analyses, including constitutive rhetoric, postmodernism, and textual analysis. The Brown v. Board analysis begins with a brief history of the case, moves to a rhetorical analysis, and then connects the analysis to ideas of constitutive rhetoric. The McCarthy sections examines the "Have you no sense of decency?" exchange between Welch and McCarthy. It begins with a brief explanation of McCarthy's reputation, and then utilizes an understanding of conspiracy rhetoric in the rhetorical analysis in order to explain McCarthy's constitutive efforts. The Pledge of Allegiance analysis provides a brief a summary of the Congressional arguments made to add the words "under God" to the Pledge of Allegiance, then provides a textual analysis of the Pledge (with the addition), emphasizing the power of those words, especially given the epideictic nature of the Pledge. The Playboy research focuses on the first 1954 article, which directly addresses the question of American identity. The article is contextualized with Hugh Hefner's self-proclaimed Philosophy of Playboy. Finally, all of these case studies are tied together again with further explanations of constitutive rhetoric, showing that White's understanding of constitutive rhetoric can be used to bolster Charland and McGee's in order to give agency to the rhetor.

From colonies to nation, this work identifies and emphasizes the influence of interdependent communal relationships on the ascent of the charter school movement. These ideals were made manifest in colonial social covenants that were then compromised by the conformist republican mandate of the common school. These ideals were recovered incrementally as education was affected by broader historical forces, most notably the implementation of court-sanctioned racial apartheid during the Plessy era, the reaction to the underwhelming impact of Brown, and, beginning in the 1980s, the rise of legislation that prepared the way for charter schools. Moreover, this work challenges the assumption that charter schools have proven popular with American citizens due solely to promises of superior academic results. Alternatively, this work suggests that charter schools have prospered because they have challenged the state monopoly in K-12 education, and have thus returned balance to the dynamic between the individual and the state. Finally, this work troubles the idea that charter schools are balkanizing American education, suggesting that the right of citizens to form charter schools, in an effort to sustain unique communities, justifies and is in fact endorsed by the American metanarrative. Research on American charter schools lacks a coherent historical framework. This work provides the charter school movement with an historical narrative that argues for the movement’s legitimacy based on its consistency with the American Republic’s founding philosophy. / Graduate / 0323 / 0337 / 0520 / smg32@duke.edu

It has been just over twenty years since the Brown v. Board of Education of Topeka, Kansas decision was handed down by the Supreme Court. During this period, educators, and in particular, school administrators have found themselves in a unique position between two masters—the public that supports public education through taxes, and the orders of the courts they are legally required to follow. Therefore, school administrators, functioning as social engineers, have devised various practices to provide a smooth transition from segregated to desegregated school systems. This study was designed to determine the practices used by selected school districts to cope with this change and to determine the effectiveness of these practices as perceived by central-staff administrators. Selected large city school districts with enrollments of 30,000 students and above, located in the six southern states under the jurisdiction of the Fifth Circuit Court of Appeals, were selected for this study. These districts, of which there were thirty-four, also had to be under a federal court desegregation order to be included. The survey data reveal that the most effective desegregation practice for students is the provision of alternative schools and programs to assist students unable to cope with the regular school environment. Training administrators in conflict management was perceived to be the most effective practice for administrators, followed closely by training in the shared decision-making process. For teachers, the recruitment of minorities and using teacher aides were perceived to be the most effective practices.

Mrs. Esther Brown, a White Jewish woman, made a significant contribution to the desegregation of public education in the 1940s. This research study establishes her role in the development of desegregation policy in public education in the contemporary public narrative on desegregation policy in the early1950s, the challenges to the implementation of the desegregation of public education, and the local context that led to the national fight against desegregation. The significance of this study is to highlight the struggles that activists, many of whom are unsung heroes, went through to navigate the struggles and processes that enabled the desegregation of public education in America.

This project examines the activism of Black parents, students, and citizens who fought to obtain school equality and desegregation from the 1920s until the 1960s in southwest Virginia and consequently the resistance from White residents and officials. Resistance to the status quo of inequality between Black and White schools in Pulaski County, Virginia began as early as the 1920s. This activism continued through the 1930s and 1940s, with it finally leading NAACP attorneys Oliver Hill and Spottswood Robinson collaborating with Pulaski citizens in 1948 to file a discrimination lawsuit in the case Corbin v. School Board of Pulaski County. The activism did not end here as once the Supreme Court ruled in Brown v. Board of Education that segregated schools were unconstitutional, Black residents in southwest Virginia localities such as Floyd, Galax, Grayson, and Pulaski worked together with NAACP attorney Reuben Lawson to file multiple lawsuits so Black students could attend White schools. Many of these lawsuits faced staunch resistance from White residents of these localities, even with the threat of closing schools due to Virginia's policy of Massive Resistance. I argue that looking at localities such as Pulaski, Floyd, Galax, and Grayson helps situate southwest Virginia into the larger context of Virginia history in terms of examining resistance, fighting for equality, and pushing desegregation in the area during the middle of the twentieth century. Black citizens in the western part of Virginia faced resistance from the White citizens, but they persevered with their activism in the courts and hometowns which ultimately contributed to the dismantling of segregated schools in Virginia. They pushed for equality within segregation and then for desegregation in the middle decades of the twentieth century. Examining the historiography of school equality and desegregation in Virginia demonstrates that there is an overgeneralization about the resistance which occurred in the western half of the state. Historians argue that the eastern part of the state saw more modes of resistance, especially Massive Resistance, due to the higher population of Black residents. On the other hand, they ignore the western part as they believe the same resistance did not occur due to a lower population of Black residents. I reject these notions as Massive Resistance found its way into southwest Virginia through either the threat of or action of closing schools. I have dug more deeply into the sources, such as trial transcripts, legal correspondence, school board records, petitions, court cases, testimony, newspapers, and oral histories to understand the avenues Black residents in southwest Virginia used to fight inequality and segregation. / Master of Arts / This project examines the activism of Black parents, students, and citizens who fought to obtain school equality and desegregation from the 1920s until the 1960s in southwest Virginia and consequently the resistance from White residents and officials. Resistance to the status quo of inequality between Black and White schools in Pulaski County, Virginia began as early as the 1920s. This activism continued through the 1930s and 1940s, with it finally leading NAACP attorneys Oliver Hill and Spottswood Robinson collaborating with Pulaski citizens in 1948 to file a discrimination lawsuit in the case Corbin v. School Board of Pulaski County. The activism did not end here as once the Supreme Court ruled in Brown v. Board of Education that segregated schools were unconstitutional, Black residents in southwest Virginia localities such as Floyd, Galax, Grayson, and Pulaski worked together with NAACP attorney Reuben Lawson to file multiple lawsuits so Black students could attend White schools. Many of these lawsuits faced staunch resistance from White residents of these localities, even with the threat of closing schools due to Virginia's policy of Massive Resistance. I argue that looking at localities such as Pulaski, Floyd, Galax, and Grayson helps situate southwest Virginia into the larger context of Virginia history in terms of examining resistance, fighting for equality, and pushing desegregation in the area during the middle of the twentieth century. Black citizens in the western part of Virginia faced resistance from the White citizens, but they persevered with their activism in the courts and hometowns which ultimately contributed to the dismantling of segregated schools in Virginia. They pushed for equality within segregation and then for desegregation in the middle decades of the twentieth century.

Brown v. Board of Education (1954) was a significant court case fought to provide equal educational opportunities for African-American students. Though the case was fought with good intentions, there may have been unintended consequences that occurred due to the policy implementation. The purpose of this research was to explore the policy, its implementation, and assess the extent to which the goals of the original policy were met. This study used a mixed-methods approach and was set within one large urban school district. The qualitative portion of the study included interviews with a small group of educators who were directly impacted by Brown and its implementation. The data from both the interviews and the selected focus schools indicated that the initial goals of Brown, equal educational opportunities and integrated schooling, were not met. This research provided information from key areas that may serve as a guide to help make future policy implementation successful.

The integration of Clinton High School, located in Clinton, Tennessee captivated the nation in the fall of 1956. This paper depicts the events that occurred during that period. Also included are the events that occurred prior to the desegregation of the high school, the understanding of which is necessary to fully appreciate the events that unfolded in Clinton.

No description available.