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Business Law: Legal Brief

by: Rebecca Schoolcraft

Business Law: Legal Brief 201

Marketplace > Southern New Hampshire University > Business > 201 > Business Law Legal Brief
Rebecca Schoolcraft

GPA 3.85

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About this Document

Coinciding with Chapter 1, the Brown vs Board legal brief discussed in class
Business Law
James Duffy
Class Notes
business law legal brief
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This 2 page Class Notes was uploaded by Rebecca Schoolcraft on Friday February 5, 2016. The Class Notes belongs to 201 at Southern New Hampshire University taught by James Duffy in Spring 2015. Since its upload, it has received 27 views. For similar materials see Business Law in Business at Southern New Hampshire University.


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Date Created: 02/05/16
Rebecca Schoolcraft BUS 206: 08301 Professor Duffy January 21, 2015 Brown v. Board Legal Brief Brown v. Board of Education of Topeka Supreme Court of the United States, 1954 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 Warren, C. J. FACTS In several cases, minors of the African American race seek admission to the public school system to which they have been formerly denied. They have been denied in each instance to public schools attended by white children under laws requiring segregation according to race. This segregation has been alleged to deprive the plaintiffs in this case of equal protection of the laws under the Fourteenth Amendment. This case comes before the U.S. Supreme Court on appeal from a three-judge federal district, where the plaintiff was denied the motion on the “separate but equal doctrine.” Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, although the facilities must be separate. Feeling denied and suppressed of their Fourteenth Amendment rights, the plaintiff filed an appeal on the first ruling, bringing the case to the U.S. Supreme Court. ISSUE Is the “separate but equal” (education) doctrine Constitutional? DECISION No. The court granted Brown’s motion that the separate but equal doctrine is Unconstitutional. REASON The court ruled, with noting that segregation of white and colored children in public schools has an extreme effect upon the colored children, that separate educational facilities are inherently unequal. It was also ruled that plaintiff and others similarly suited had been deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. The law and policy of separating races is usually interpreted by the community as denoting that one group be inferior to the other, therefore affecting the motivation of the child to learn. This segregation also has the potential to hinder the educational, mental, and social development of the segregated and “inferior” group, potentially being the cause of the high illiteracy rates found within the African American race.


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