Racial Discrimination in Transportation

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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]

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) [21]
  2. Jonathan English, Why Did America Give Up on Mass Transit? (Don't Blame Cars.), CityLaw (2018) [22]
  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) [23]
  4. U.S. Congress Joint Economic Committee, Zoned Out: How School and Residential Zoning Limit Education Opportunity (2019) (appendices are optional) [24]
  5. Dustin A. Cable, Racial Dot Map [25]

Governmental Discrimination

  1. Deed for lot in Wales Garden in Columbia, SC [26]
    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 [27]
  2. Real estate listings for Columbia, SC [28]
  3. "The Color of Law" Details How U.S. Housing Policies Created Segregation, NPR (2017) [29]
    1. Note: The full book is available through our library [30]
  4. Mapping Inequality, Redlining in Columbia [31]
    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 [32]
  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) [33]
    1. Note: More information on Ward One is available online [34]
  7. Edens v. City of Columbia, 228 S.C. 563 (1956) [35]
    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 [36]
  8. StuyTown, History of StuyTown [37]
  9. Dorsey v. Stuyvesant Town Corp., 299 N.Y. 512 (N.Y. 1949) [38]
  10. Robert A. Caro, The Power Broker: Robert Moses and the Fall of New York (1974), Rumors and the Report of Rumors (961-83) [39]

Introduction to the Fair Housing Act

  1. Black Americans in Congress: The Civil Rights Movement and the Second Reconstruction, 1945-1968 [40]
  2. The Fair Housing Act: Discrimination in Housing Based Upon Race or Color, U.S. Department of Justice [41]
  3. Josh Gerstein, FBI releases files on Trump apartments' race discrimination probe in '70s, Politico (2017) (with optional links to source documents) [42]
  4. Debra Kamin, Black Homeowners Face Discrimination in Appraisals, New York Times (2020) [43]
  5. Comment of the Electronic Frontier Foundation Regarding Proposed Rule for HUD's Implementation of the Fair Housing Act's Disparate Impact Standard (2019) [44]

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 [45]
  3. South Carolina Code of Laws (1952) §§58-1491-96 [46]
  4. Complaint in Flemming v. S.C. Elec. & Gas Co. (July 20, 1954) [47]
  5. Motion to Dismiss and Answer in Flemming v. S.C. Elec. & Gas Co. (September 7, 1954) [48]
  6. Flemming v. S.C. Elec. & Gas Co., 128 F.Supp. 469 (E.D. S.C.) (February 16, 1955) [49]
  7. Flemming v. S.C. Elec. & Gas Co., 224 F.2d 752 (4th Circuit) (July 14, 1955) [50]
  8. S.C. Elec. & Gas Co. v. Flemming, 351 U.S. 901 (April 23, 1956) [51]
  9. New Trial May Clarify Court Action on Buses, Chicago Defender (May 26, 1956) [52]
  10. Transcript of first trial in Flemming v. S.C. Elec. & Gas Co. (June 12, 1956) [53]
  11. Flemming v. S.C. Elec. & Gas Co., 239 F.2d 277 (4th Circuit) (November 29, 1956) [54]
  12. Jury Dismisses Suit by Brown, Chicago Defender (June 12, 1957) [55]
  13. The State, Obituary for Sarah Mae Flemming (1993) [on internal course site] [56]
  14. The State, Series on Sarah Mae Flemming (2003) [on internal course site] [57]
  15. Columbia City of Women, Sarah Mae Flemming [58]
  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) [59]

Montgomery, AL

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

Transit Planning

  1. Partnership for Southern Equity, Opportunity Deferred: Race, Transportation, and the Future of Metropolitan Atlanta (2019) [71]
  2. Zak Accuardi, Title VI Is Broken. Here's How Transit Leaders Can Fix It, NextCity (2018) [72]
  3. Darensburg v. Metro. Transp. Comm'n, 636 F.3d 511 (9th Cir. 2011) [73]
  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 [74]
  2. Quest for Civil Rights: Mr. Billie Fleming [29 minutes] [75]
    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) [76]
    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) [77]
    3. Recommended: University of South Carolina Center for Civil Rights History and Research, Justice for All: Education [78]
  3. Briggs v. Elliott, 98 F. Supp. 529 (E.D.S.C. 1951) [79]
  4. Briggs v. Elliott, 342 U.S. 350 (1952) [80]
  5. Briggs v. Elliott, 103 F. Supp. 920 (E.D.S.C. 1952) [81]
  6. Brown v. Bd. of Ed. of Topeka, 347 U.S. 483 (1954) [82]
  7. Brown v. Bd. of Educ. of Topeka, 349 U.S. 294 (1955) [83]
  8. Briggs v. Elliott, 132 F. Supp. 776 (E.D.S.C. 1955) [84]
  9. Southern Manifesto on Integration (1956) [85]
  10. Green v. Cty. Sch. Bd. of New Kent Cty., 391 U.S. 430 (1968) [86]
  11. Paul Hyde, Ensuring access or denying it: The history of South Carolina school buses, The Greenville News (2018) [87]

Part Two

  1. Swann v. Charlotte-Mecklenburg Bd. of Ed., 402 U.S. 1 (1971) [88]
  2. Davis v. Bd. of Ed. of N. Little Rock, Ark., 328 F. Supp. 1197 (E.D. Ark. 1971) [89]
  3. Davis v. Bd. of Ed. of N. Little Rock, Ark., Sch. Dist., 449 F.2d 500 (8th Cir. 1971) [90]
  4. Bradley v. Milliken, 345 F. Supp. 914 (E.D. Mich. 1972) [91]
  5. Milliken v. Bradley, 418 U.S. 717 (1974) [92]
  6. Meghan E. Irons, Shelley Murphy, and Jenna Russell, History rolled in on a yellow school bus, Boston Globe (2014) [93]
  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) [94]
  8. Emily Yellin with David Firestone, By Court Order, Busing Ends Where It Began, New York Times (1999) [95]
  9. Jonathan L. Entin, Parents Involved and the Meaning of Brown: An Old Debate Renewed, 31 Seattle U. L. Rev. 923 (2008) [96]

Part Three

  1. Nikole Hannah-Jones, It Was Never About Busing, New York Times (2019) [97]
  2. Nicole Gaudiano, Anti-busing law dating from the 1970s eyed for elimination, Politico (2019) [98]
  3. Jim Hilbert, School Desegregation 2.0: What Is Required to Finally Integrate America's Public Schools, 16 Nw. J. Hum Rts. 92 (2018) [99]
  4. Safe Routes to School, Equity in Safe Routes to School [100]
  5. Safe Routes to School, Research: Equity [101]

In Class

  1. Spreadsheet with demographic information for public school districts in South Carolina [102]
  2. Spreadsheet with demographic information for public and private schools in Richland and Lexington counties [103]
  3. ACS-ED Maps [104] [105]
  4. Minimally Adequate, Post and Courier (2018) [106] [107]

Class 06: Traffic Enforcement

Context

  1. Nine Charts About Wealth Inequality in America (2017) [108]
  2. Traffic Safety Facts: Race and Ethnicity, DOT HS 810 995 (2009) [109]
  3. Stanford Open Policing Project, Findings [110]
  4. David A. Harris, The Stories, the Statistics and the Law: Why 'Driving While Black' Matters, 84 Minnesota Law Review 265 (1999) [111]

Presentations

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: [112]. 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"

Discussion

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

Class 08: Environmental Justice

Class 09: Transtribal Transportation

Class 10: International Movement

Class 11: Reflections and Solutions

Class 12: Special Topics in Transportation Law I

Class 13: Special Topics in Transportation Law II

Acknowledgments

Special thanks to Katherine Allen at Historic Columbia (https://www.historiccolumbia.org) for her expertise, research, and materials