The Brown Decision takes us into the backrooms of courthouses, office of the A-G, and gives insight on how the judges arrive at Brown v the Board of Education.
Thursday, May 20, 2004
Monday, May 17, 2004
This opinion on the WSJ questions the reasons behind Brown v the Board of Education. The case was determined based on "modern psychological knowledge", instead of reasons of policy.
a) If the judge had used some other "modern" fact and came to the opposite conclusion, would he have been derided as out-of-touch?
b) Is it possible for the court to make a decision of with policy elements without deciding what the correct outcome is, and then finding the reasons later?