Difference between revisions of "Racial Discrimination in Transportation"

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# Bristow Marchant, Once facing $154 million deficit, Richland County gets penny roads plan under budget (2020) [https://www.thestate.com/news/local/article242536891.html]
# Bristow Marchant, Once facing $154 million deficit, Richland County gets penny roads plan under budget (2020) [https://www.thestate.com/news/local/article242536891.html]
## Recommended: Richland County Penny Program [http://www.richlandcountysc.gov/Government/Departments/Transportation-Penny/Overview]
## Recommended: Richland County Penny Program [http://www.richlandcountysc.gov/Government/Departments/Transportation-Penny/Overview]
===Introduction to Disparate Impact===
# Robert A. Caro, The Power Broker: Robert Moses and the Fall of New York (1974), Chapters 36, 37, 38, 42 [https://pascal-usc.primo.exlibrisgroup.com/permalink/01PASCAL_USCCOL/1oceqbt/alma991022719279705618]
## Recommended: Chapters 39, 40, and (previously read) 41 [https://pascal-usc.primo.exlibrisgroup.com/permalink/01PASCAL_USCCOL/1oceqbt/alma991022719279705618]
# David Karas, Highway to Inequity: The Disparate Impact of the Interstate Highway System on Poor and Minority Communities in American Cities (2015) [https://www.nashville.gov/Portals/0/SiteContent/Planning/docs/trans/EveryPlaceCounts/1_Highway%20to%20Inequity.pdf]
# Union of Concerned Scientists, Cars, Trucks, Buses and Air Pollution (2008/2018) [https://www.ucsusa.org/resources/cars-trucks-buses-and-air-pollution]
# Christopher W. Tessum et al., Inequity in consumption of goods and services adds to racial-ethnic disparities in air pollution exposure (2019) [https://www.pnas.org/content/116/13/6001]
# Linda Villarosa, Pollution Is Killing Black Americans. This Community Fought Back (2020) [https://www.usccr.gov/pubs/envjust/ch4.htm]
# Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000d et seq.) [https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap21-subchapV.htm]
# Alexander v. Sandoval, 532 U.S. 275 (2001) [https://cite.case.law/us/532/275]
== Class 08: Environmental Justice ==
# Federal Highway Administration, Title VI of the Civil Rights Act of 1964 and Additional Nondiscrimination Requirements [https://www.fhwa.dot.gov/civilrights/programs/title_vi/]
## Browse this website, including its four categories on the left (Overview and Authorities, Guidance, Technical Assistance, and Case Decisions)
## Review at least one of the presentations and at least one of the case decisions
# Council on Environmental Quality, Executive Office of the President, A Citizen's Guide to the NEPA (2007) [https://ceq.doe.gov/docs/get-involved/Citizens_Guide_Dec07.pdf]
# Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, Executive Order 12898 (1994) [https://www.archives.gov/files/federal-register/executive-orders/pdf/12898.pdf]
# Albert Huang, The 20th Anniversary of President Clinton's Executive Order 12898 on Environmental Justice (2014) [https://www.nrdc.org/experts/albert-huang/20th-anniversary-president-clintons-executive-order-12898-environmental-justice]
# US Department of Transportation, Environmental Justice Strategy (2016) [https://cms8.dot.gov/transportation-policy/environmental-justice/environmental-justice-strategy]
# Federal Highway Administration, Environmental Justice Reference Guide (2015) [https://www.fhwa.dot.gov/environment/environmental_justice/publications/reference_guide_2015/section11.cfm]
# Federal Highway Administration, EJ Publications [https://www.fhwa.dot.gov/environment/environmental_justice/publications]
## Browse this website
## Review at least one of the publications
# David Slade, Widening Highway 41 would take family land in Phillips, but owners could go unpaid (2020) [https://www.postandcourier.com/news/widening-highway-41-would-take-family-land-in-phillips-but-owners-could-go-unpaid/article_b03f0dea-e974-11ea-b257-3faa34777fe3.html]
# Adam Parker, Why highways were designed to run through Black communities. SC faces historic dilemma again (2020) [https://www.postandcourier.com/news/local_state_news/why-highways-were-designed-to-run-through-black-communities-sc-faces-historic-dilemma-again/article_576f3fce-0976-11eb-a46c-635e6fad5d38.html]
# Highway 41 Corridor Improvements, Resources & FAQs [http://hwy41sc.com/resources.html]
## Browse this website
## Check out the most recent presentation for some wacky intersection designs [http://hwy41sc.com/assets/documents/Hwy-41_SWG_Meeting5_081220.pdf]
# Find another ongoing transportation project of interest to you, review some of its documentation, note issues of environmental justice, and prepare a three-minute analytic presentation
# US Department of Homeland Security, Environmental Justice Strategy [https://www.dhs.gov/dhs-environmental-justice-strategy]
## Read the DHS draft strategy
## Write a comment on this draft strategy (and consider submitting it to DHS) [https://beta.regulations.gov/document/FS-2018-0053-0007] [https://publiccommentproject.org/how-to]
## Note: The 2012 strategy is also available (but not required) [https://web.archive.org/web/20160413181756/http://www.dhs.gov/xlibrary/assets/mgmt/dhs-environmental-justice-strategy.pdf]
# Justin Worland, Why the Larger Climate Movement Is Finally Embracing the Fight Against Environmental Racism (2020) [https://time.com/5864704/environmental-racism-climate-change/]
# SueEllen Campbell, The links between racism and climate change (2020) [https://yaleclimateconnections.org/2020/06/the-links-between-racism-and-climate-change/]
== Class 09: Transtribal Transportation ==
=== Enbridge Pipeline ===
# 25 U.S.C. Chapter 8: Rights-of-Way Through Indian Lands [https://uscode.house.gov/view.xhtml?path=/prelim@title25/chapter8&edition=prelim]
# Jacquelyn Pless, Making State Gas Pipelines Safe and Reliable: An Assessment of State Policy (2011) [https://www.ncsl.org/research/energy/state-gas-pipelines-federal-and-state-responsibili.aspx]
# Bad River Band v. Enbridge, 3:19-cv-602, First Amended Complaint, Doc. 34 (October 15, 2019) [https://newlypossible.org/courses/transportation/discrimination/Enbridge34Complaint.pdf]
## If you are interested: The three referenced treaties are available online [http://treatiesmatter.org/treaties/land/1837-ojibwe-dakota] [https://www.glifwc.org/TreatyRights/TreatyChippewa10041842Web.pdf] [http://treatiesmatter.org/treaties/land/1854-ojibwe]
# Bad River Band v. Enbridge, 3:19-cv-602, Amended Answer, Defenses, and Counterclaims, Doc. 39 (October 29, 2019) [https://newlypossible.org/courses/transportation/discrimination/Enbridge39Answer.pdf]
# Bad River Band v. Enbridge, 3:19-cv-602, Reply, Doc. 42 (November 12, 2019) [https://newlypossible.org/courses/transportation/discrimination/Enbridge42Reply.pdf]
=== Dakota Access Pipeline ===
# Fort Laramie Treaty (1851) [http://treatiesportal.unl.edu/treatyoffortlaramie1851/treaty.tfl.laramie09.xml]
# Fort Laramie Treaty (1868) [https://avalon.law.yale.edu/19th_century/nt001.asp]
# Kimbra Cutlip, In 1868, Two Nations Made a Treaty, the U.S. Broke It and Plains Indian Tribes are Still Seeking Justice (2018) [https://www.smithsonianmag.com/smithsonian-institution/1868-two-nations-made-treaty-us-broke-it-and-plains-indian-tribes-are-still-seeking-justice-180970741]
# US Army Corps of Engineers, Dakota Access Pipeline [https://www.usace.army.mil/Dakota-Access-Pipeline]
# Rebecca Hersher, Key Moments in the Dakota Access Pipeline Fight (2017) [https://www.npr.org/sections/thetwo-way/2017/02/22/514988040/key-moments-in-the-dakota-access-pipeline-fight]
# Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, CV-16-1534-JEB, 255 F. Supp. 3d 101 (D.D.C. June 14, 2017) ("Standing Rock III") [https://earthjustice.org/documents/legal-document/court-opinion-standing-rock-sioux-tribe-v-u-s-army-corps-of-engineers]
# Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers, CV-16-1534-JEB (D.D.C. July 6, 2020) ("Standing Rock VII") [https://earthjustice.org/sites/default/files/files/standing_rock_sioux_tribe_v._army_corps_of_engineers.pdf]
# Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, CV-16-1534-JEB (D.C. Cir. August 5, 2020) [https://earthjustice.org/sites/default/files/files/dc-cir-decision.pdf]
# Browse EarthJustice, The Standing Rock Sioux Tribe's Litigation on the Dakota Access Pipeline [https://earthjustice.org/features/faq-standing-rock-litigation]
# Browse Energy Transfer LP, DakotaAccess Pipeline [https://daplpipelinefacts.com]
=== Tribal Road Access and Covid-19 ===
# Columbia Center for Contemporary Critical Thought, Standing Rock Litigation [https://cccct.law.columbia.edu/content/standing-rock-litigation]
# Thunderhawk v. County of Morton, 1:18-cv-00212, Order, Doc. 88 (September 1, 2020), Count III only (pages 68-79) (the rest is recommended) [https://cccct.law.columbia.edu/sites/default/files/content/pics/09.01.2020_Doc%2088_ORDER%20by%20Judge%20Daniel%20M.%20Traynor.pdf]
## Recommended: Edwards v. South Carolina, 372 U.S. 229 (1963) [https://cite.case.law/us/372/229]
# Simon Romero, Checkpoints, Curfews, Airlifts: Virus Rips Through Navajo Nation (April 9, 2020) [https://www.nytimes.com/2020/04/09/us/coronavirus-navajo-nation.html]
# Bureau of Indian Affairs, Temporary Guidance - Road Closures or Restrictions on Tribal Lands (April 8, 2020) [https://bloximages.chicago2.vip.townnews.com/rapidcityjournal.com/content/tncms/assets/v3/editorial/f/39/f3916ae9-2096-57b4-a372-23350cd2245f/5eb61803b538e.pdf.pdf]
# Cheyenne River Sioux Tribe v. Trump, 1:20-cv-01709, Complaint, Doc. 1 (June 23, 2020) [https://www.indianz.com/covid19/wp-content/uploads/2020/06/crstvtrump.pdf]
# Lizzie Wade, COVID-19 data on Native Americans is 'a national disgrace.' This scientist is fighting to be counted (September 24, 2020) [https://www.sciencemag.org/news/2020/09/covid-19-data-native-americans-national-disgrace-scientist-fighting-be-counted]
# Recommended: Mark Walker, 'A Devastating Blow': Virus Kills 81 Members of Native American Tribe (October 8, 2020) [https://www.nytimes.com/2020/10/08/us/choctaw-indians-coronavirus.html]
# Recommended: Mark Walker, Pandemic Highlights Deep-Rooted Problems in Indian Health Service (September 29, 2020) [https://www.nytimes.com/2020/09/29/us/politics/coronavirus-indian-health-service.html]
# Recommended: 'An unbelievable chain of oppression': America's history of racism was a preexisting condition for COVID-19 (October 13, 2020) [https://www.usatoday.com/in-depth/news/nation/2020/10/12/coronavirus-deaths-reveal-systemic-racism-united-states/5770952002/]
== Class 10: International Movement ==
# Overview of INS History (2012) [https://www.uscis.gov/sites/default/files/document/fact-sheets/INSHistory.pdf]
# Grover Cleveland, Special Message to Congress regarding "An act to execute certain treaty stipulations relating to Chinese" (October 1, 1888) [https://www.presidency.ucsb.edu/documents/special-message-1066]
# Trump v. Hawaii, 138 S.Ct. 2392 (2018) [https://static.reuters.com/resources/media/editorial/20180727/Trump%20v%20Hawaii.pdf]
# Arab American Civil Rights League v. Trump, 399 F.Supp.3d 717 (E.D. Mich. 2019) [https://www.clearinghouse.net/chDocs/public/IM-MI-0004-0058.pdf]
# Ron Nixon and Jasmine C. Lee, Getting a Visa to Visit the U.S. Is a Long and Extensive Process for Most (2017) [https://www.nytimes.com/interactive/2017/03/16/us/visa-process-united-states.html]
# ACLU, Summary of Wilwal v. Nielsen (2020) [https://www.aclu.org/cases/wilwal-v-nielsen-lawsuit-challenging-abusive-border-detention-american-family]
# Michael D. Shear, Katie Benner and Michael S. Schmidt, 'We Need to Take Away Children,' No Matter How Young, Justice Dept. Officials Said (2020) [https://www.nytimes.com/2020/10/06/us/politics/family-separation-border-immigration-jeff-sessions-rod-rosenstein.html]
# Priscilla Alvarez, Parents of 545 children separated at US border still can't be found (2020) [https://www.cnn.com/2020/10/20/politics/children-separation-border/index.html]
# (For a separate class exercise related to a different undertaking: Austin Ramzy and Chris Buckley, The Xinjiang Papers (2019) [https://www.nytimes.com/interactive/2019/11/16/world/asia/china-xinjiang-documents.html])
== Class 11: Reflections and Solutions ==
This class session involves looking back on our course material and looking ahead to the roles you will play as graduates of the University of South Carolina School of Law.
The session is entirely yours to run; I am not assigning materials, structuring the class time, or moderating the discussion.
In planning (both individually and collectively) for a successful session, consider:
# What does success mean for you? Think especially but not exclusively about outputs and impacts.
# What do you need to do *during* class (including structure and timing) to achieve that success?
# What do you need to do *before* class (including research, reflection, and coordination) to achieve that success?
You can find and contact your classmates through our Blackboard course site.
== Class 12: Special Topics in Transportation Law I ==
(Student-led interactive lessons)
== Class 13: Special Topics in Transportation Law II ==
(Student-led interactive lessons)
== Acknowledgments ==
Special thanks to Katherine Allen at Historic Columbia (https://www.historiccolumbia.org) for her expertise, research, and materials

Revision as of 17:40, 10 August 2021

Our Seminar on Transportation Law focuses on a different topic every year. In 2020 we are studying the legal aspects of racial discrimination in transportation:

Class 01: Introduction to Transportation Law

  1. Syllabus (posted on Blackboard)
  2. Plessy v. Ferguson, 163 U.S. 537 (1896) [1]

Class 02: Interstate Travel

  1. Nomination of J. Monroe Johnson to be an Interstate Commerce Commissioner (1949) (through printed page 9) [2]
  2. Keys v. Carolina Coach Co., Interstate Commerce Commission, No. MC-C-1564, 64 M.C.C. 769 (1955) [3]
  3. NAACP v. St. Louis-San Francisco Railway Co., Interstate Commerce Commission, No. 297 I.C.C. 335 (1955) [4]
  4. T. Anthony Bell, The quietly defiant, unlikely fighter: Pfc. Sarah Keys and the fight for justice and humanity (2014) [5]
  5. Katie McCabe, Making History in a Segregated Washington: Dovey Johnson Roundtree and Her 45-year Fight for Justice (2011) (printed pages 67 - 97) [6]
  6. The Freedom Riders Reunite 50 Years Later, The Oprah Winfrey Show (2011) (41 minutes) [7]
    1. Note: The PBS documentary referenced in this video is The Freedom Riders, PBS American Experience (2011) [8]
  7. Regulations Governing Discrimination in Operations of Interstate Motor Common Carriers of Passengers, Interstate Commerce Commission, 26 Federal Register 9166 (September 29, 1961) (PDF page 14) [9]
  8. United States v. City of Jackson, 318 F.2d 1 (5th Cir. 1963) [10]
  9. The Green Book: Guide to Freedom, Smithsonian Channel (2020) (51 minutes) [11]
    1. Note: You can also view actual green books [12], explore local sites [13], and learn about the search for one of these sites [14]
  10. Civil Rights Timeline, Library of Congress (current through 2014) [15]
  11. Supreme Court cases
    1. Students with last names A - C: Mitchell v. United States, 313 U.S. 80 (1941) [16]
    2. Students with last names D - L: Morgan v. Virginia, 328 U.S. 373 (1946) [17]
    3. Students with last names M - Re: Henderson v. United States, 339 US. 816 (1950) [18]
    4. Students with last names Rh - Z: Boynton v. Virginia, 364 U.S. 454 (1960) [19]
  12. Recommended: Catherine A. Barnes, Journey from Jim Crow: The Desegregation of Southern Transit (1983) [20]
  13. Recommended: Richard F. Weingroff, The Road to Civil Rights [21]

Class 03: Land Use, Housing, Education, and Employment

Relationship to Transportation

  1. Robert A. Caro, The Power Broker: Robert Moses and the Fall of New York (1974), Introduction (1-21) [22]
  2. Jonathan English, Why Did America Give Up on Mass Transit? (Don't Blame Cars.), CityLaw (2018) [23]
  3. Robert D. Bullard, Glenn S. Johnson, and Angel O. Torres, Dismantling Transportation Apartheid in the United States Before and After Disasters Strike, ABA Human Rights Magazine (2007) [24]
  4. U.S. Congress Joint Economic Committee, Zoned Out: How School and Residential Zoning Limit Education Opportunity (2019) (appendices are optional) [25]
  5. Dustin A. Cable, Racial Dot Map [26]

Governmental Discrimination

  1. Deed for lot in Wales Garden in Columbia, SC [27]
    1. Note: Shelley v. Kraemer, 334 U.S. 1 (1948) held that the judicial enforcement of restrictive covenants by state courts violates the equal protection clause of the 14th amendment [28]
  2. Real estate listings for Columbia, SC [29]
  3. "The Color of Law" Details How U.S. Housing Policies Created Segregation, NPR (2017) [30]
    1. Note: The full book is available through our library [31]
  4. Mapping Inequality, Redlining in Columbia [32]
    1. Note: You can also view redlined maps of many other communities
  5. Joseph A. De Laine, Sr., Things that Happened since Nov. 11, 1949 [33]
  6. Staci Leanne Richey, Variations on a Theme: Planning for the Elimination of Black Neighborhoods in Downtown Columbia, South Carolina, 1905-1970 (2004 thesis) (endnotes are optional) [34]
    1. Note: More information on Ward One is available online [35]
  7. Edens v. City of Columbia, 228 S.C. 563 (1956) [36]
    1. Note: McNulty v. Owens, 188 S.C. 377 (1938), cited in Edens, held that a "slum clearance" arrangement that would use eminent domain to demolish "unsanitary dwellings" equal to the number of new dwelling units constructed by a housing authority was constitutional as a valid exercise of the police power for a public purpose [37]
  8. StuyTown, History of StuyTown [38]
  9. Dorsey v. Stuyvesant Town Corp., 299 N.Y. 512 (N.Y. 1949) [39]
  10. Robert A. Caro, The Power Broker: Robert Moses and the Fall of New York (1974), Rumors and the Report of Rumors (961-83) [40]

Introduction to the Fair Housing Act

  1. Black Americans in Congress: The Civil Rights Movement and the Second Reconstruction, 1945-1968 [41]
  2. The Fair Housing Act: Discrimination in Housing Based Upon Race or Color, U.S. Department of Justice [42]
  3. Josh Gerstein, FBI releases files on Trump apartments' race discrimination probe in '70s, Politico (2017) (with optional links to source documents) [43]
  4. Debra Kamin, Black Homeowners Face Discrimination in Appraisals, New York Times (2020) [44]
  5. Comment of the Electronic Frontier Foundation Regarding Proposed Rule for HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (2019) [45]

Class 04: Metropolitan Transit

Columbia, SC

  1. Prepare questions for Katharine Allen, Historic Columbia's Director of Research, about Columbia's civil rights story
  2. Columbia SC 63, Timeline of Civil Rights History [46]
  3. South Carolina Code of Laws (1952) §§ 58-1491-96 [47]
  4. Complaint in Flemming v. S.C. Elec. & Gas Co. (July 20, 1954) [48]
  5. Motion to Dismiss and Answer in Flemming v. S.C. Elec. & Gas Co. (September 7, 1954) [49]
  6. Flemming v. S.C. Elec. & Gas Co., 128 F.Supp. 469 (E.D. S.C.) (February 16, 1955) [50]
  7. Flemming v. S.C. Elec. & Gas Co., 224 F.2d 752 (4th Circuit) (July 14, 1955) [51]
  8. S.C. Elec. & Gas Co. v. Flemming, 351 U.S. 901 (April 23, 1956) [52]
  9. New Trial May Clarify Court Action on Buses, Chicago Defender (May 26, 1956) [53]
  10. Transcript of first trial in Flemming v. S.C. Elec. & Gas Co. (June 12, 1956) [54]
  11. Flemming v. S.C. Elec. & Gas Co., 239 F.2d 277 (4th Circuit) (November 29, 1956) [55]
  12. Jury Dismisses Suit by Brown, Chicago Defender (June 12, 1957) [56]
  13. The State, Obituary for Sarah Mae Flemming (1993) [on internal course site] [57]
  14. The State, Series on Sarah Mae Flemming (2003) [on internal course site] [58]
  15. Columbia City of Women, Sarah Mae Flemming [59]
  16. Recommended: Cameron McGowan Currie, Before Rosa Parks: The Case of Sarah Mae Flemming, in W. Lewis Burke and Belina F. Gergel, Matthew J. Perry: The Man, His Times, and His Legacy (2004) [60]

Montgomery, AL

  1. Dara Lind, This 50-year-old article shows how the myth of Rosa Parks was made (December 1, 2016) [61]
  2. Josh Moon, Bus Boycott took planning, smarts, Montgomery Advertiser (November 29, 2015) [62]
  3. Jo Ann Gibson Robinson, The Montgomery Bus Boycott and the Women Who Started It (excerpt) (1987) (pages 1-6) [63]
    1. Note: The full book is Jo Ann Gibson Robinson, The Montgomery Bus Boycott and the Women Who Started it (1987) [64]
  4. Montgomery Bus Boycott [65]
  5. Randall Kennedy, Martin Luther King's Constitution: A Legal History of the Montgomery Bus Boycott, 98 Yale Law Journal 999 (1989) (Part IV; the rest is recommended) [66]
  6. Debbie Elliott, 60 Years After The Boycott, Progress Stalls for Montgomery Buses, NPR (November 12, 2015) [67]
  7. Pamela Oliver, Review of The Rebellious Life of Mrs Rosa Parks (February 18, 2018) [68]
    1. Note: The full book is Jeanne Theoharis, The Rebellious Life of Mrs. Rosa Parks (2013) [69]
  8. Recommended: Catherine A. Barnes, Journey from Jim Crow: The Desegregation of Southern Transit (1983) [70]
  9. Recommended: Transportation Protests: 1841 to 1992 [71]

Transit Planning

  1. Partnership for Southern Equity, Opportunity Deferred: Race, Transportation, and the Future of Metropolitan Atlanta (2019) [72]
  2. Zak Accuardi, Title VI Is Broken. Here's How Transit Leaders Can Fix It, NextCity (2018) [73]
  3. Darensburg v. Metro. Transp. Comm'n, 636 F.3d 511 (9th Cir. 2011) [74]
  4. Just Transportation, Living on Earth (1999), https://www.loe.org/shows/segments.html?programID=99-P13-00018&segmentID=1

Class 05: School Travel

Part One

  1. Robert A. Caro, The Power Broker: Robert Moses and the Fall of New York (1974), 508-14 [75]
  2. Quest for Civil Rights: Mr. Billie Fleming [29 minutes] [76]
    1. Recommended: Wade Kolb III, Briggs v. Elliott Revisited: A Study in Grassroots Activism and Trial Advocacy from the Early Civil Rights Era, 19 J.S. Legal Hist. 123 (2011) [77]
    2. Recommended: Darlene Clark Hine, The Briggs v. Elliott Legacy: Black Culture, Consciousness, and Community Before Brown, 1930-1954, 2004 U. Ill. L. Rev. 1059 (2004) [78]
    3. Recommended: University of South Carolina Center for Civil Rights History and Research, Justice for All: Education [79]
  3. Briggs v. Elliott, 98 F. Supp. 529 (E.D.S.C. 1951) [80]
  4. Briggs v. Elliott, 342 U.S. 350 (1952) [81]
  5. Briggs v. Elliott, 103 F. Supp. 920 (E.D.S.C. 1952) [82]
  6. Brown v. Bd. of Ed. of Topeka, 347 U.S. 483 (1954) [83]
  7. Brown v. Bd. of Educ. of Topeka, 349 U.S. 294 (1955) [84]
  8. Briggs v. Elliott, 132 F. Supp. 776 (E.D.S.C. 1955) [85]
  9. Southern Manifesto on Integration (1956) [86]
  10. Green v. Cty. Sch. Bd. of New Kent Cty., 391 U.S. 430 (1968) [87]
  11. Paul Hyde, Ensuring access or denying it: The history of South Carolina school buses, The Greenville News (2018) [88]

Part Two

  1. Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971) [89]
  2. Davis v. Bd. of Ed. of N. Little Rock, Ark., 328 F. Supp. 1197 (E.D. Ark. 1971) [90]
  3. Davis v. Bd. of Ed. of N. Little Rock, Ark., Sch. Dist., 449 F.2d 500 (8th Cir. 1971) [91]
  4. Bradley v. Milliken, 345 F. Supp. 914 (E.D. Mich. 1972) [92]
  5. Milliken v. Bradley, 418 U.S. 717 (1974) [93]
  6. Meghan E. Irons, Shelley Murphy, and Jenna Russell, History rolled in on a yellow school bus, Boston Globe (2014) [94]
  7. How to tell when your child will be bused...unless, Louisville Courier-Journal (1976), reproduced in Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1, 551 U.S. 701, 815 (2007) (Breyer, J., dissenting) [95]
  8. Emily Yellin with David Firestone, By Court Order, Busing Ends Where It Began, New York Times (1999) [96]
  9. Jonathan L. Entin, Parents Involved and the Meaning of Brown: An Old Debate Renewed, 31 Seattle U. L. Rev. 923 (2008) [97]

Part Three

  1. Nikole Hannah-Jones, It Was Never About Busing, New York Times (2019) [98]
  2. Nicole Gaudiano, Anti-busing law dating from the 1970s eyed for elimination, Politico (2019) [99]
  3. Jim Hilbert, School Desegregation 2.0: What Is Required to Finally Integrate America's Public Schools, 16 Nw. J. Hum Rts. 92 (2018) [100]
  4. Safe Routes to School, Equity in Safe Routes to School [101]
  5. Safe Routes to School, Research: Equity [102]

In Class

  1. Spreadsheet with demographic information for public school districts in South Carolina [103]
  2. Spreadsheet with demographic information for public and private schools in Richland and Lexington counties [104]
  3. ACS-ED Maps [105] [106]
  4. Minimally Adequate, Post and Courier (2018) [107] [108]

Class 06: Traffic Enforcement


  1. Nine Charts About Wealth Inequality in America (2017) [109]
  2. Traffic Safety Facts: Race and Ethnicity, DOT HS 810 995 (2009) [110]
  3. Stanford Open Policing Project, Findings [111]
  4. David A. Harris, The Stories, the Statistics and the Law: Why 'Driving While Black' Matters, 84 Minnesota Law Review 265 (1999) [112]


For the first hour of our class, each student will briefly introduce a specific topic related to law enforcement in transportation:

  1. Select one of the topics below by visiting this link: [113]. Sign up with your first name or initials, and make a note of your selection before submitting the form.
  2. Prepare a three-minute presentation that (a) explains the topic, (b) identifies potential issues of racial justice, (c) highlights key questions for discussion, reflection, and further inquiry, and (d) cites sources.
  3. If you will be in class: Give your presentation. You may not exceed three minutes!
  4. If you will not be in class: Record your presentation and share it with the class no later than Sunday at 9pm.

The topics are:

  1. "Walking while black"
  2. Stop-and-frisk
  3. Traffic fines as a revenue source
  4. Pretextual vehicle stops
  5. Equipment, insurance, and license violations
  6. Disparities in vehicle stops
  7. Disparities in vehicle searches
  8. Canine sniffs following stops
  9. Consent searches following stops
  10. Civil asset forfeiture following stops
  11. Use of force in traffic stops
  12. Checkpoints/roadblocks
  13. Enforcement activities in commercial bus travel
  14. Transit policing
  15. Aviation security screenings
  16. International border crossings
  17. "100-mile border zone"
  18. Origins of law enforcement


For the second half of our class, we will join Professor Seth Stoughton's Criminal Procedure students for a joint freeform discussion of racial discrimination in traffic enforcement. Come prepared to (a) share what you learned, (b) identify issues, problems, and solutions, (c) ask questions, and (d) participate fully in discussions of both your selected topic specifically and traffic enforcement generally.

Class 07: Local Travel

Biking, Walking, and Living

  1. Brian Addison, The (Classist, Racist) History of Jaywalking (2018) [114]
  2. Angie Schmitt, Jacksonville's "Jaywalking" Enforcement is Very, Very Racist (2017) (including the embedded video) [115]
  3. Fredrick Kunkle, Study: drivers less likely to brake for African American pedestrians [116]
  4. David Alpert, Drivers yield less to people walking if they’re in expensive cars, or maybe to people of color (2020) [117]
  5. John Affleck, Black Teen's Death Leads to Bus Route Change at Upscale Mall (1996) [118]
  6. Eleanor Cummins, The surprising politics of sidewalks (2018) [119]
  7. Emily Badger, The inequality of sidewalks (2016) [120]
  8. Kriston Capps and Laura Bliss, Diverse? Yes. But Are U.S. Suburbs Actually Integrated? (2020) [121]
  9. Richard Florida, The Link Between Walkable Neighborhoods and Race (2015) [122]
  10. Veronica Penney, Denver Wants to Fix a Legacy of Environmental Racism (2020) [123]
  11. Barry Yeoman, The Hidden Resilience of 'Food Desert' Neighborhoods (2018) [124]
  12. Smart Growth America, Dangerous by Design (2019) [125]
  13. Gregory Yee, Hundreds of SC pedestrians and bicyclists are dying. Here's how some hope to change that (2019) [126]
  14. My lonely tweet [127]
  15. Casey Neistat, Bike Lanes (2011) [128]
  16. PeopleforBikes and Alliance for Biking & Walking, Building Equity: Race, ethnicity, class, and protected bike lanes: An idea book for fairer cities (2015) [129]
  17. Eillie Anzilotti, No Street Is "Complete" Without Taking Equity Into Account (2017) [130]
  18. Lindsay Huth and Tala Salem, Bike-Share Still Has a Race Problem (2018) [131]
  19. Jiajia Jiayu Zhou, Realizing Equity in Bike and E-scooter Share Programs (2020) [132]
  20. Walk Bike Columbia Pedestrian & Bicycle Master Plan and Bike Share Plan (website only) [133]
    1. Recommended: Pedestrian & Bicycle Master Plan's equity analysis on page 38, and Bike Share Plan's equity strategy on page 70
  21. Sharonne Hayes, City of Columbia will remove controversial bike lanes starting Tuesday (2018) (including the embedded video) [134]
  22. Bristow Marchant, Once facing $154 million deficit, Richland County gets penny roads plan under budget (2020) [135]
    1. Recommended: Richland County Penny Program [136]