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Lum v rice - Essay Example

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Gong Lum vs Rice is a 1927 case that the Supreme Court refused to order an order of Mandamus against the school board that the plaintiff’s daughter had been discontinued form due to her race. The case is among the other court rulings that condoned racial segregation in schools…
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Download file to see previous pages There was therefore need to correct the wrongs that the ruling had advanced. The solutions were thus to be advanced and the courts to change their position on the equal but separate policy.
To solve the racial segregation menace the Waring dissenting in the case of Briggs vs Elliot (1955) seems to be proposing a number of solutions to be resorted to. This was inspired by the reversion of the earlier decisions in the case of Brown vs Board of Education of Topeka (1951) that stated that the courts there was need for quick action I seeing that there is admission of students to schools on a non-discriminatory basis (Briggs v Elliot).
The deal with the racial segregation in schools the school authorities had to elucidate, assess and solve the racial issue by proving that their actions had to be guided by good faith. The courts were to be further guided by equitable principles which would call for elimination of obstacles in joining the schools what has been termed as affirmative action against segregation. Further the discriminatory laws were to be revised so as to reflect the non racial admission base to schools. (Briggs v Elliot)
Affirmative action in the U.S against racial segregation was aimed at seeing that individuals of all races had equal opportunity to education and other services and to abolish the equal but separated policy that had been seen in the Lum vs Rice Case. As a policy, affirmative action sets up steps that will see the discriminated race is protected by the executive, the judiciary, the legislature and its agents by providing avenues and eliminating any obstacles that would have facilitated the discrimination. This has been seen by the increased lobby by the Civil Rights groups like the Leadership Conference on Civil Rights (LCCR) whose research shows the great success that affirmative action has brought to the discriminated races.(Robyn Kurland)
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