On the Limits of the Law: The Ironic Legacy of Title VI of the 1964 Civil Rights Act

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JHU Press, 1995 - Political Science - 391 pages

On the Limits of the Law is Stephen Halpern's compelling examination of the legal struggle to control the enforcement of Title VI of the 1964 Civil Rights Act -- the historic provision prohibiting racial discrimination in programs receiving federal financial assistance. Although the provision appeared to have immense power to fight racial inequality in education,Halpern argues, attacking the problem through legal rights and litigation distorted our understanding of educational inequality based on race and limited the remedies used to address it.

"Stephen Halpern has made a substantial and original contribution to the analysis of law and civil rights. Concentrating on original or primary sources and including very informative interviews, he offers a superb review of the historical and political context of the Civil Rights Act of 1964 and the United States Supreme Court's desegregation decisions. All who are interested in civil rights history and enforcement, the administrative process, and the role of courts in pursuing racial and social justice will want to read this book." -- Kenneth Tollett, Howard University

 

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Contents

Race Litigation and the Legal Rights Fixation
1
The Kennedy Legacy and Legislative History
15
Implementing and Redefining
42
Litigating against the Political
81
Litigation and the New Civil Rights
137
The Irrelevant Formalism of the Legal
190
The Disappointing Legacy of the Rights
236
Conclusions
283
of the 1964 Civil Rights Act
331
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About the author (1995)

Stephen C. Halpern is professor of political science at the State University of New York at Buffalo and senior research associate at the University's Center for Applied Public Affairs.

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