AUWCL, the 50th anniversary was marked by a reargument of Brown with the benefit of knowing what had transpired since 1954. Two famous advocates presented oral arguments: Professor Derrick Bell, now deceased, a leading critical race thinker, argued for the Topeka, Kansas Board of Education, questioning the legacy of Brown; Professor Erwin Chemerinsky, now dean of the University of California Berkeley Law School, argued for the plaintiffs challenging school segregation. In the two decades since the 50th
celebration, racial isolation has increased in public schools nationwide. Students of color are increasingly attending public schools where their race is in a substantial majority. And the ability to reverse that trend is restricted by court rulings. When Brown was decided, the focus of the Court was that segregation was required by government action, either state laws or local policies, and the justices said that it was that state action that was the intended target of the Fourteenth Amendment. Today the Supreme Court has said
that school districts that were not previously found to have engaged in official segregation, may not simply decide on their own to use race to make student assignments, even if they want to improve diversity in their classrooms. And the Supreme Court has eliminated most consideration of race for purposes of affirmative action in higher education admissions. With the 70th anniversary of Brown,
the decision remains a remarkable landmark of judicial pursuit of equality under the Constitution. The climate for the 70th anniversary, however, reflects a very different landscape in which the conservative Supreme Court has moved the nation strongly away from any government use of race in education or other programs.
Stephen Wermiel ’82 is a professor of practice of Constitutional Law at AUWCL.
Students Share Insights from
Dean Fairfax’s Innovative Course Road to Brown Explored the Legacy of Civil Rights Attorneys and the Lasting Impact of Brown v. Board of Education
BY KEITH PIERCE
Students at AUWCL had the unique opportunity to commemorate the 70th anniversary of the landmark Brown v. Board of Education decision and delve deeply into the history and impact of this pivotal case in a course taught by Dean Roger A. Fairfax Jr. last semester. Entitled Road to Brown, the course highlighted the tireless work of Civil Rights attorneys whose efforts paved the way for the historic decision, focusing on the momentum other Civil Rights cases built to make Brown a reality and discussing the work of pioneering Civil Rights attorney Charles Hamilton Houston.
The NAACP Legal Defense Fund played a crucial role in litigating several cases in the early 1950s that challenged the mandates of “separate but equal” requirements for Black students, ultimately culminating in the Brown v. Board of Education decision. This historical context provided students with a nuanced understanding of the case’s significance.
For the students who participated in the class and the final trip around Washington, DC, visiting historic case-related sites provided tangible and unforgettable lessons.
Reflecting on the long-term impact of their actions, LLM student Joy Muguku stated, “Whatever actions we play today or whatever we decide to do, it will have a ripple effect on the generations. It might not be the next generation, but generations to come.”
This sentiment captures the enduring influence of their legal education and the Civil Rights movement.
“This is a continuous fight and this is something that is not one and done,” said Katherine Kyriakoudes, a 2L. “So, I hope to carry that fight and that passion for justice and equity into my legal career.”
AMERICAN UNIVERSITY WASHINGTON COLLEGE OF LAW 15
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