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Duquesne Law Review

Article Title

An Ode to Rejection

Abstract

In January, 1968, the United States Supreme Court denied certiorari in the case of Avins v. Rutgers, State of New Jersey.The case raised a most novel and engaging issue. Plaintiff, a distinguished professor of law at Memphis State University, had written an article which reviewed the legislative history of the Civil Rights Act of 1875 as it pertained to school desegregation. He concluded that in light of the Congressional debates surrounding that Act the Supreme Court had erred in Brown v. Board of Education in its holding that the Fourteenth Amendment required desegregation of the schools and that separate but equal facilities were inherently unequal. Professor Avins submitted the article to the Rutgers Law Review but was rejected by the articles editor on the ground "that approaching the problem from the point of view of legislative history alone is insufficient."

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