Meet the Faculty

Meet the Faculty

Derek W. Black

Scholarship

Books

The End of Zero Tolerance in Schools (NYU Press, forthcoming 2015).

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

Teacher's Manual, Education Law: Equality, Fairness, and Reform (Aspen Publishers 2013).

Articles

Federalizing Education By Waiver?, 68 Vanderbilt L. Rev. (forthcoming 2015).
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The Constitutional Limit of Zero Tolerance in Schools, 99 Minnesota L. Rev. (forthcoming 2014).
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Charter Schools, Vouchers, and the Public Good, 48 Wake Forest L. Rev. 445 (2013).
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Civil Rights, Charter Schools, and Lessons to Be Learned, 64 Fla. L. Rev. 1723 (2012).
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Middle Income Peers as Educational Resources and the Constitutional Right to Equal Access, 53 B.C. L. Rev. 373 (2012).
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Education's Elusive Future, Storied Past, and the Fundamental Inequity in Between, 46 Ga. L. Rev. 557 (2012).
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Cultural Norms and Race Discrimination Standards: A Case Study in How the Two Diverge, 43 Conn. L. Rev. 503 (2010).
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How the Elementary and Secondary Education Act Undermines Equal Protection and Congress's Duty to Remedy It, 90 Boston Univ. L. Rev. 313 (2010).
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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).
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In Defense of Voluntary Desegregation: All Things Are Not Equal, 44 Wake Forest L. Rev. 107 (2009).
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The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision, 57 Cath. L. Rev. 947 (2008).
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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).
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A Framework for the Next Civil Rights Act: What Tort Concepts Reveal about Goals, Results, and Standards, 60 Rut. L. Rev. 259 (2008).
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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).
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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).
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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).
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Blogs

Co-Founder, Co-Editor & Author, Education Law Prof Blog, lawprofessors.typepad.com/education_law/

Guest Blogger, The Faculty Lounge, thefacultylounge.org.

Book Chapters, Essays, Book Reviews, and Policy Briefs

Defining Discrimination: Intent, Impact, and the Future of Title VI of the Civil Rights Act of 1964 in The Pursuit of Racial and Ethnic Equality in American Public Schools: Mendez, Brown, and Beyond (Kristi Bowman ed., Michigan State University Press 2014).

Reflecting on the 50th Anniversary of the Civil Rights Act of 1964, 23 Poverty & Race Research Action Council 5 (July 2014)

Fisher v. Texas and the Irrelevance of Function in Race Cases, 57 How. L. J. 701 (symposium 2014).

Leveraging Federal Funding for Equity and Integration in Exploring New Paths to Equal Educational Opportunity (Charles Ogletree & Kimberly Robinson eds., NYU PRESS 2014).

In Defense of Voluntary Desegregation: All Things Are Not Equal, in Charles H. Houston: An Interdisciplinary Study of Civil Rights Leadership (James L. Conyers, Jr., Ed. 2012).

Middle-Income Peers As Educational Resources and the Constitutional Right to Equal Access, 21 Poverty & Race Research Action Council 3 (2012).

Parents Involved in Community Schools v. Seattle School District No. 1, Encyclopedia of Diversity in Education (James A. Banks, eds., 2012).

Book Review, Martha Chamallas & Jennifer B. Wriggins, The Measure of Injury: Race, Gender, and Tort Law, Journal of Psychiatry and Law 517 (2011).

Voluntary Desegregation, Resegregation, and the Hope for Equal Educational Opportunity, 98 Human Rights 2 (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).

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

Significant Appellate Briefs

Amicus Brief of NAACP Legal Defense and Education Fund, Doe v. Lower Merion School Dist., 665 F.3d 524 (3rd Cir. 2011).

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).

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

Derek W. Black

Room 407
USC School of Law
701 Main Street
Columbia, South Carolina 29208
v 803-777-9652
blackdw@mailbox.sc.edu