Judicial Policy-Making and Southern School Segregation

The Journal of Politics

Volumn 37, Issue 4, 1975, Pages 917-936

  Giles, Micheal W ^a   Walker, Thomas G ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 84975945781     PISSN: 00223816     EISSN: 14682508     Source Type: Journal    
DOI: 10.2307/2129183     Document Type: Article

References (28)

1. 347 U. S. 483 (1954).
2. Brown v. Board of Education, 349 U. S. 294 (1955).
3. See, for example, Cooper v. Aaron, 358 U. S. 1 (1958); Swann v. Charlotte-Mecklenburg Board of Education, 402 U. S. 1 (1971).
4. See, for example, J. W. Peltason, Fifty-Eight Lonely Men (Urbana: University of Illinois Press edition, 1971); Numan V. Bartley, The Rise of Massive Resistance: Race and Politics in the South during the 1950s (Baton Rouge: Louisiana State University Press, 1969); Benjamin Muse, Ten Years of Prelude: The Story of Integration since the Supreme Court's 1954 Decision (New York: Viking Press, 1964).
5. “The Frictionmaking, Exacerbating Political Role of the Federal Courts,” Southwestern Law Journal, 21 (Summer 1967), 419.
6. 402 U. S. 1, 16 (1971).
7. Kenneth Vines, for example, reported that of 37 Southern district judges who were active in race relations litigation between 1954 and 1962 seven decided no cases in favor of Black petitioners and four others favored the Black litigant more than 90 percent of the time. See “Federal District Judges and Race Relations Cases in the South,” Journal of Politics, 26 (May 1964), 337-357.
8. The most notable of these are Peltason's Fifty-Eight Lonely Men and Vines’ “Federal District Judges. “
9. Sheldon Goldman, Characteristics of Eisenhower and Kennedy Appointees to the Lower Federal Courts,” Western Political Quarterly, 28 (December 1965), 755-762; Sheldon Goldman, “Johnson and Nixon Appointees to the Lower Federal Courts,” Journal of Politics, 34 (August 1972), 934-942; Vines, “Federal District Judges. “
10. The linkage between social background characteristics and judicial behavior is reasonably well established. See, for example, S. Sidney Ulmer, “Social Background as an Indicator to the Votes of Supreme Court Justices in Criminal Cases: 1947-1956 Terms,” American Journal of Political Science, 17 (August 1973), 622-630; Stuart Nagel, “Political Party Affiliation and Judges' Decisions,” American Political Science Review, 55 (December 1961), 843-850.
11. “Hail to the Chief: Hutcheson, the Judge,” Texas haw Review, 38 (December 1959), 145.
12. Fifty-Eight Lonely Men, 9.
13. See, for example, the views or federal judge Sidney Mize of Mississippi on this issue as quoted in Richard J. Richardson and Kenneth N. Vines, The Politics of Federal Courts (Boston: Little, Brown, and Company, 1970), 106.
14. Fifty-Eight Lonely Men.
15. “Federal District Judges. “
16. On this matter see Thomas G. Walker, “A Note Concerning Partisan Influences on Trial-Judge Decision Making,” Law and Society Review, (May 1972), 645-649.
17. See Kenneth N. Vines, “Epilogue: 1970,” in Peltason, Fifty-Eight Lonely Men, 255-267.
18. Micheal W. Giles, “Percent Black and School District Size as Predictors of School Segregation,” Sociology of Education, in press.
19. Karl E. Taeuber and Alma F. Taeuber, Negroes in Cities (Chicago: Aldine, 1965), 195-245. For a more complete explanation of the application of the Taeuber index to school districts see Micheal W. Giles “Measuring School Segregation,” Journal of Negro Education, in press.
20. Directory of Public Elementary and Secondary Schools in Selected Districts: Enrollment and Staff by Racial/Ethnic Group, Fall 1970 (Washington: U. S. Government Printing Office, 1971).
21. In using dichotomized or ordinal variables in correlation and regression analysis we are following the lead of Ulmer, Tanenhaus, and others. See Ulmer, “Social Background as. an Indicator"; Joseph Tanenhaus, et al., “The Supreme Court's Certiorari Jurisdiction: Cue Theory,” in Judicial Decision-Making, ed. Glendon Schubert (New York: Free Press, 1963), 111-132; and Don Bowen, “The Explanation of Judicial Voting Behavior from Sociological Characteristics of Judges,” (unpublished Ph. D. dissertation, Yale University, 1965). Among the judges in our sample fundamentalist Protestants consisted of Southern Baptists and Methodists.
22. For a summary discussion of this phenomenon see Hubert M. Blalock, Jr., Toward a Theory of Minority Group Relations (New York: John Wiley and Sons, 1967). For a study empirically linking percent Black at the aggregate level with individual level prejudice see F. G. Pettigrew, “Regional Variations in Anti-Negro Prejudice,” Journal of Abnormal and Social Psychology, 59 (July 1959), 28-36.
23. Hubert Blalock, “Per Cent Non-White and Discrimination in the South,” American Sociological Review, 22 (December 1957), 618.
24. Vines, “Federal District Judges. “
25. Thomas Dye, “Urban School Segregation: A Comparative Analysis,” Urban Affairs Quarterly, 2 (December 1968), 141-163 and John Robey, “The Politics of School Desegregation,” (unpublished thesis, University of Georgia, 1970).
26. James Palmer, “Mississippi School Districts: Factors in the Disestablishment of Dual Systems,” Mississippi State Univerity Research Center Report No. 40, 1971.
27. See William Mendenhall, The Design and Analysis of Experiments (Belmont, California: Wadsworth Publishing Company, 1968), 58. The unadjusted mean segregation index for those school districts having the district court located within their boundaries is. 543; whereas, those school districts separated from the court retaining jurisdiction have an unadjusted mean of.281. Clearly a good deal of this raw difference is attributable to size differences between the two groups of school districts.
28. See, for example, Green v. County School Board, 391 U. S. 430 (1968); Monroe v. Board of Commissioners, 391 U. S. 450 (1968); Alexander v. Holmes County Board of Education, 396 U. S. 19 (1969); Davis v. Board of School Commissioners, 402 U. S. 33 (1971); and Keyes v. School District No. 1, 413 U. S. 189 (1973).