Howard University

Derek W. Black - Publications

Casebook

Education Law: Equality, Fairness, and Reform (Aspen Publishers 2012).


Scholarly Papers

Social Science Research Network


Articles

The Fatal Flaws of Education Reform: Causal Gaps and Doctrinal Incoherence (forthcoming).

Middle Income Peers as Educational Resources and the Constitutional Right to Equal Access, 53 B.C. L. Rev. X (forthcoming 2012).

Education’s Elusive Future, Storied Past, and the Fundamental Inequity in Between, 46 Ga. L. Rev. X (forthcoming 2011).

Cultural Norms and Race Discrimination Standards: A Case Study in How the Two Diverge, 43 Conn. L. Rev. 503 (2010).

How the Elementary and Secondary Education Act Undermines Equal Protection and Congress’s Duty to Remedy It, 90 Boston Univ. L. Rev. 313 (2010).

Unlocking the Power of State Constitutions with Equal Protection: The First Step Toward Education as a Federally Protected Right, 51 William & Mary L. Rev. 1343 (2010).

In Defense of Voluntary Desegregation: All Things Are Not Equal, 44 Wake Forest L. Rev. 107 (2009).

The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision, 57 Cath. L. Rev. 947 (2008).

Turning Stones of Hope into Boulders of Resistance: The First and Last Task of Social Justice Curriculum, Scholarship, and Practice, 86 N.C. L. Rev. 673 (2008).

A Framework for the Next Civil Rights Act: What Tort Concepts Reveal about Goals, Results, and Standards, 60 Rut. L. Rev. 259 (2008).

The Mysteriously Reappearing Cause of Action: The Court’s Expanding Concept of Intentional Discrimination in Gender and Race Discrimination Statutes, 67 Maryland L. Rev. 358 (2008).

The Contradiction Between Equal Protection’s Meaning and Its Legal Substance: How Deliberate Indifference Can Cure It, 15 William & Mary Bill of Rights J. 533 (2006).

The Power of Small Schools: Achieving Equal Educational Opportunity Through Academic Success and Democratic Citizenship, 82 Neb. L. Rev. 50 (2003) (symposium) (Gregory Malhoit, co-author).

Picking Up the Pieces After Alexander v. Sandoval? Resurrecting a Private Cause of Action for Disparate Impact, 81 N.C. L. Rev. 356 (2002).

The Case for the New Compelling Government Interest: Improving Educational Outcomes, 80 N.C. L. Rev. 923 (2001) (cited by the en banc panel of the 9th Circuit in Parents Involved in Community Schools v. Seattle School Dist. No. 1, 426 F.3d 1162, 1175 (9th Cir. 2005) and also three briefs filed in the appeal before the Supreme Court).


Essays, Book Reviews, Monographs, Policy Briefs, and Significant Appellate Briefs

Book Review, Martha Chamallas & Jennifer B. Wriggins, The Measure of Injury: Race, Gender, and Tort Law, Journal of Psychiatry and Law (forthcoming 2011).

Parents Involved in Community Schools v. Seattle School District No. 1, Encyclopedia of

Diversity in Education (James Banks, eds., forthcoming 2011).

Doe v. Lower Merion School Dist., 2-09-cv-02095 (3d Cir. 2011).

Accounting for Historical Forces in the Effort to Align Law With Science, 54 St. Louis. Univ. L. J. 1511 (2010) (Childress Lecture Symposium).

Ensuring Equity, Deconcentrating Poverty, and Meeting Student Needs Through the Elementary and Secondary Education Act, Policy Brief, Education Rights Center (Feb. 2010).

Leave No Child Out: An Introduction to Homelessness, Joblessness, and Bullying in America’s Schools, 51 How. L. J.765 (2008) (symposium introduction).

Brief of Petitioner, Lawyers’ Committee for Civil Rights Under Law, Holton v. City of Thomasville School District, 521 F.3d 1318 (11th Cir. 2008) (en banc).

Civil Rights Clinic at Howard University School of Law, Brief of Amicus Curiae, Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education, Supreme Court Nos. 05-908 and 05-915 (2007).

Brief of Appellant, Lawyers’ Committee for Civil Rights Under Law, Holton v. City of Thomasville School District, 490 F.3d 1257 (11th Cir. 2007).

Brief of Appellant, Lawyers’ Committee for Civil Rights Under Law, Holton v. City of Thomasville School District, 425 F.3d 1325 (11th Cir. 2005).

Brief of Amicus Curiae, Lawyers’ Committee for Civil Rights Under Law, Comfort v. Lynn School Committee, 418 F.3d 1 (1st Cir. 2005) (en banc).

Beyond Brown: Its Impact upon American Education and Culture, National Bar Association Magazine (March 2004).

Brief of Appellee, U.S. Postal Service, Martinez v. Potter, 347 F.3d 1208 (10th Cir. 2003).





updated: November 1, 2011