New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

SOC 2167 Week 1: Jan 13-15

by: -deleted-apierson

SOC 2167 Week 1: Jan 13-15 SOC 2167

Marketplace > Sociology > SOC 2167 > SOC 2167 Week 1 Jan 13 15

GPA 3.14
Sociology of Law
Dr. Buntman

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Covers an introduction to the course, discussion of the structure of law, and an interpretation of Brown v. Board of Education.
Sociology of Law
Dr. Buntman
Class Notes
sociology of law, sociology, Law, buntman
25 ?




Popular in Sociology of Law

Popular in Sociology

This 9 page Class Notes was uploaded by -deleted-apierson on Monday January 19, 2015. The Class Notes belongs to SOC 2167 at a university taught by Dr. Buntman in Fall. Since its upload, it has received 230 views.

Similar to SOC 2167 at University


Reviews for SOC 2167 Week 1: Jan 13-15


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 01/19/15
1132015 246 PM Read Brown v Board decision by 1152015 Bring 23 page essay by 1202015 quotWhat Happens to Law Holzer by 1222015 Things to consider for Brown v Board case 1 What seems to you to be the core legal a question and b answer the Supreme Court considers 2 What are the sources and bases for their decision 3 What are the nonlegal ie social psychological historical economic etc sources bases arguments comments the Court makes in this decision 4 What questions do you have about the decision Start with terms references etc you don39t understand or confused you Then build larger issues questions the case and opinion raises for you Understand how to discern different ideas law and society What does a text say about law or society or what comments apply to both How do they intersect 23 Page Essay What are the most important elements of the legal system in the United States Think of this as a Wikipedia article The idea is explaining the legal system of the United States to someone who hasn39t been to the United States before Focus on structure and organization Remember the policy implication of your statements Federalism from here talk aboutjurisdictions give examples a system of dual power where both the national government and state governments have distinct and overlapping arenas of authority In some cases the federal law supersedes lowerjurisdictions particularly in the interpretation of the constitution Legality and constitutionalism The constitution is the supreme legality of the United States US is a constitutional democracy Legislative bodies are not supreme in the United States they are bound and ruled by a legal document the constitution Sources of law where does the law come from Is it made my legislature or legal disputes What39s the difference between a trial court and an appellate court Holzer article Reading hints 1 What is core to her argument and what is supplementary What must you read carefully what could you skim 2 Identify any terms concepts background histories or other information you found challenging what you still need help answering or explaining 3 Which of these did you look up or what do you need explained Foundation what is the law We can look at case studies or look at the big picture quota conceptual map particularly for institutions and understanding structure 1152015 1248 PM Bring 23 page essay by 1202015 quotWhat Happens to Lawquot Holzer by 1222015 Thin s to consider for Brown v Board case 1 What seems to you to be the core legal a question and b answer the Supreme Court considers 2 What are the sources and bases for their decisionl 3 What are the nonlegal ie social psychological historical economic etc sources bases arguments comments the Court makes in this decision 4 What questions do you have about the decision Start with terms references etc you don39t understand or confused you Then build larger issues questions the case and opinion raises for you IIR CHIEF JUSTICE WARREN delivered the opinion of the Court 1 These cases come to us from the States of Kansas South Carolina Virginia and Delaware They are premised on different facts and different local conditions but a common legal question justifies their consideration together in this consolidated opinion 2n each of the cases minors of the Negro race through their legal representatives seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis In each instance they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment In each of the cases other than the Delaware case a three judge federal district court denied relief to the plaintiffs on the so called quotseparate but equalquot doctrine announced by this Court in Plessy v Ferguson 163 US 537 Under that doctrine equality of treatment is accorded when the races are provided substantially equal facilities even though these facilities be separate In the Delaware case the Supreme Court of Delaware adhered to that doctrine but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools 3The plaintiffs contend that segregated public schools are not quotequalquot and cannot be made quotequalquot and that hence they are deprived of the equal protection of the laws Because of the obvious importance of the question presented the Court took jurisdiction Argument was heard in the 1952 Term and reargument was heard this Term on certain questions propounded by the Court 4Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868 It covered exhaustively consideration of the Amendment in Congress ratification by the states then existing practices in racial segregation and the views of proponents and opponents of the Amendment This discussion and our own investigation convince us that although these sources cast some light it is not enough to resolve the problem with which we are faced At best they are inconclusive The most avid proponents of the post War Amendments undoubtedly intended them to remove all legal distinctions among quotall persons born or naturalized in the United Statesquot Their opponents just as certainly were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty 5An additional reason for the inconclusive nature of the Amendment39s history with respect to segregated schools is the status of public education at that time In the South the movement toward free common schools supported by general taxation had not yet taken hold Education ofwhite children was largely in the hands of private groups Education of Negroes was almost nonexistent and practically all of the race were illiterate In fact any education of Negroes was forbidden by law in some states Today in contrast many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world It is true that public school education at the time of the Amendment had advanced further in the North but the effect of the Amendment on Northern States was generally ignored in the congressional debates Even in the North the conditions of public education did not approximate those existing today The curriculum was usually rudimentary ungraded schools were common in rural areas the school term was but three months a year in many states and compulsory school attendance was virtually unknown As a consequence it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education 6n the first cases in this Court construing the Fourteenth Amendment decided shortly after its adoption the Court interpreted it as proscribing all state imposed discriminations against the Negro race The doctrine of quotseparate but equalquot did not make its appearance in this Court until 1896 in the case of Plessy v Ferguson supra involving not education but transportation American courts have since labored with the doctrine for over half a century In this Court there have been six cases involving the quotseparate but equalquot doctrine in the field of public education In Cumming v County Board of Education 175 US 528 and Gong Lum v Rice 275 US 78 the validity of the doctrine itself was not challenged In more recent cases all on the graduate school level inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications Missouri ex rel Gaines v Canada 305 US 337 Sipuel v Oklahoma 332 US 631 Sweatt v Painter 339 US 629 cLaurin v Oklahoma State Regents 339 US 637 In none of these cases was it necessary to reexamine the doctrine to grant relief to the Negro plaintiff And in Sweatt v Painter supra the Court expressly reserved decision on the question whether Plessy v Ferguson should be held inapplicable to public education 7n the instant cases that question is directly presented Here unlike Sweatt v Painter there are findings below that the Negro and white schools involved have been equalized or are being equalized with respect to buildings curricula qualifications and salaries of teachers and other quottangiblequot factors Our decision therefore cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases We must look instead to the effect of segregation itself on public education 8n approaching this problem we cannot turn the clock back to 1868 when the Amendment was adopted or even to 1896 when Plessy v Ferguson was written We must consider public education in the light of its full development and its present place in American life throughout the Nation Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws 9Today education is perhaps the most important function of state and local governments Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society It is required in the performance of our most basic public responsibilities even service in the armed forces It is the very foundation of good citizenship Today it is a principal instrument in awakening the child to cultural values in preparing him for later professional training and in helping him to adjust normally to his environment In these days it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education Such an opportunity where the state has undertaken to provide it is a right which must be made available to all on equal terms 10We come then to the question presented Does segregation of children in public schools solely on the basis of race even though the physical facilities and other quottangiblequot factors may be equal deprive the children of the minority group of equal educational opportunitieslWe believe that it does 11n Sweatt v Painter supra in finding that a segregated law school for Negroes could not provide them equal educational opportunities this Court relied in large part on quotthose qualities which are incapable of objective measurement but which make for greatness in a law schoolquot In cLaurin v Oklahoma State Regents supra the Court in requiring that a Negro admitted to a white graduate school be treated like all other students again resorted to intangible considerations quot his ability to study to engage in discussions and exchange views with other students and in general to learn his professionquot Such considerations apply with added force to children in grade and high schools To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs 12Segregation of white and colored children in public schools has a detrimental effect upon the colored children The impact is greater when it has the sanction of the law for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group A sense of inferiority affects the motivation of a child to learn Segregation with the sanction of law therefore has a tendency to retard the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racially integrated school system 13Whatever may have been the extent of psychological knowledge at the time of Plessy v Ferguson this finding is amply supported by modern authority Any language in Plessy v Ferguson contrary to this finding is rejected 14We conclude that in the field of public education the doctrine of quotseparate but equalquot has no place Separate educational facilities are inherently unequal Therefore we hold that the plaintiffs and others similarly situated for whom the actions have been brought are by reason of the segregation complained of deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment 15Because these are class actions because of the wide applicability of this decision and because of the great variety of local conditions the formulation of decrees in these cases presents problems of considerable complexity On reargument the consideration of appropriate relief was necessarily subordinated to the primary question the constitutionality of segregation in public education We have now announced that such segregation is a denial of the equal protection of the laws In order that we may have the full assistance of the parties in formulating decrees the cases will be restored to the docket and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term The Attorney General of the United States is again invited to participate The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15 1954 and submission of briefs by October 1 1954 It is so ordered 1152015 221 PM Bring 23 page essay by 1202015 quotWhat Happens to Lawquot Holzer by 1222015 Why starting a class with a court decision as an example of law is problematic In the US we usually overemphasize the Supreme Court as a source of law compared to other courts Why is that Precedent law in general uses past legal decisions to form new ones It39s a fairly conservative way of thinking it looks to conserving or retaining past ideas as giving us a sense of the way forward We are guided by old decisions in making new decisions It helps us get stability in the law In Brown v Board 1954 precedent was overturned Pessy 1896 Overturning precedent is also really important QuantityProportion in practice this involves the affirmation of other courts lost people39s experiences with law aren39t with the supreme court they39re with local courts Experience lost statutes don39t come from the courts they come from the legislature component of government It is law makers who are far more important arguably in shaping law on a day to day basis whether they are state local or federal Because of federalism state law is more important or exclusively applied to situations when compared to federal law At the most crude and basic level schools today are still very segregated There are many schools that are 99 or 100 AfricanAmerican or white You seldom have schools that represent the diversity of the immediate city or county let alone the country Reify we set cases as sort of godlike when they39re not Any case is merely an important process of what they39re engaging in It39s only a final word for now The only constant is change in the law Cases are critical at certain points but they don39t change the economic political social or local change that is continuing One of the problems in the way we treat the supreme court is to see it in an ahistorical way In other ways though we don39t We take it away from the social processes and legal processes and so on We must put back in the dynamism and contested nature of law Law comes from lots of places and goes to lots of places Sometimes it dominates and sometimes it is submissive Sometimes the problems with law is making it or trying to keep it from being a main player Legal issues intertwine with loyalty religious social moral issues We have to be careful when looking at cases to not overemphasize any one case in an idol worshiping way Talking about Brown v Board The intangible precedent Sweatt v Painter and Gaines v Missouri Gaines something can be constitutional and segregated so long as it39s equal Around the country if they wanted to maintain segregated universities the states had to set up colored law schools medical schools etc Sweatt v Painter it is not enough for schools to be measurably or tangibly equal There are some things that are not measurable that you get from a university that if you are excluded by virtue of your race you do not have access to Ex Prestige access career opportunities etc All intangible According to the logic of Plessy schooling must be tangibly and intangibly equal Conversely Brown v Board says that inherently segregated education cannot be equal


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"

Amaris Trozzo George Washington University

"I made $350 in just two days after posting my first study guide."

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.