Derek W. Black, In Defense Of Voluntary Desegregation: All Things Are Not Equal, 44 Wake Forest L. Rev. 107 (2009).

• Summary: “This Article analyzes the concept of racial stigma in Justice Kennedy’s controlling opinion in Parents Involved in Community Schools v. Seattle School District No. 1… [and] reveals that Kennedy’s fundamental concern is that using racial classifications to achieve voluntary desegregation racially stigmatizes students. In particular, he assumes that the classifications undermine individualism and reduce children to “racial chits.”” The Article proceeds to analyze Kennedy’s position and elucidate how Kennedy’s opinion “fails… to recognize the purpose of voluntary desegregation and the unique characteristics that distinguish it from other race-conscious programs.”