Black, White, Brown, Green, and Fordice: The Flavor of Higher Education in Louisiana and Mississippi

Like many other states, Mississippi and Louisiana have struggled, and continue to struggle with the difficult problem of racial segregation in higher education. Through decades of litigation and negotiation, their higher education systems developed plans to equalize and unite the historically black and historically white institutions. The author\u27s examination of Mississippi and Louisiana\u27s strategies reveals that the states used several different approaches to achieve desegregation, but nevertheless their colleges and universities, like many aspects of society, remain largely racially distinct. The author concludes that many elements essential to effective desegregation were missing from the Mississippi and Louisiana plans. Hopefully, the author offers possible ways that the historically white and historically black colleges that continue to exist can become just schools

Balance-of-Powers Arguments and the Structural Constitution

Balance-of-powers arguments are ubiquitous in judicial opinions and academic articles that address separation-of-powers disputes over the president\u27s removal authority, power to disregard statutes, authority to conduct foreign wars, and much else. However, the concept of the balance of powers has never received a satisfactory theoretical treatment. This Essay examines possible theories of the balance of powers and rejects them all as unworkable and normatively questionable. Judges and scholars should abandon the balance-of-powers metaphor and instead address directly whether bureaucratic innovation is likely to improve policy outcomes