"Separate, therefore equal": American spatial segregation from Jim Crow to Kiryas Joel

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3 Scopus citations

Abstract

In rejecting Plessy v. Ferguson's "separate but equal"doctrine in Brown v. Board of Education, the U.S. Supreme Court created a presumption that segregation equals discrimination. However, alongside this assertion, American space has become increasingly separate. A socio-legal analysis identifies three generations of spatial segregation in the United States and calls for recognizing the fourth generation-separate, therefore equal-in which minority communities require voluntary self-segregation to achieve equality. This fourth generation of spatial separation requires the law to embrace a protective role, by which it will defend the ability of minority communities to segregate spatially, the autonomy of individual community members, and the welfare of the society at large.

Original languageEnglish
Pages (from-to)67-90
Number of pages24
JournalRSF
Volume7
Issue number1
DOIs
StatePublished - Feb 2021

Bibliographical note

Publisher Copyright:
© 2021 Russell Sage Foundation. Stern, Shai.

Keywords

  • "Separate but equal," Kiryas Joel
  • First Amendment
  • Segregation
  • Ultra-Orthodox

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