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A few years ago Professor Harvie Wilkinson wrote that Brown v. Board of Education3 evoked a "certain nostalgia" for him, for Brown was "one of those last, great actions whose moral logic seemed so uncomplex and irrefutable, and whose opposition seemed so thoroughly extreme, rooted as it was in notions of racial hegemony and the constitutional premises of John C. Calhoun."4 This is a nostalgia that I share. Brown was premised on the notion that state statutes and constitutions that require the separation of white and black children in the public schools are designed to and have the effect of stigmatizing black Americans as inferior beings. In the words of Charles Black, "the social meaning of segregation is the putting of the Negro in a position of walled-off inferiority . . . [and] such treatment is hurtful to human beings."5 Whatever the original understanding of the fourteenth amendment,6

School Desegregation: Legal Realism, Reasoned Elaboration, and Social Science Research in the Supreme Court