Gratz, et al. v. Bollinger, et al., No. 97-75321 (E.D. Mich.) Grutter, et al. v. Bollinger, et al., No. 97-75928 (E.D. Mich.) XIV. NOTES TO TEXT 1. W.E.B. DuBois, The Souls of Black Folk (1903, reprinted Boston: Bedford Books, 1997), p. 34. 2. U.S. Bureau of the Census, State and Metropolitan Area Data Book, 1997-98, 5th Ed. (Washington, DC: U.S. Government Printing Office, 1998), Table A-6. 3. According to 1990 data, 23.3 of American Indians lived on reservations or trust lands. Statistical Abstract of the United State: 1997 (Washington, DC: U.S. Government Printing Office, 1997), Table 51. See also U.S. Bureau of the Census, Current Population Reports, Series P23-189, Population Profile of the United States, 1995 (Washington, DC: U.S. Government Printing Office, 1995), p. 50. 4. A Report on Indian-American Education in Michigan (Lansing: Michigan State Board of Education, 1987), p. 15. 5. Edmund Jefferson Danziger, Jr., Survival and Regeneration: Detroit's American Indian Community (Detroit: Wayne State University Press, 1991), pp. 134-142. 6. Zaragosa Vargas, Proletarians of the North: A History of Mexican Industrial Workers in Detroit and the Midwest, 1917-1933 (Berkeley: University of California Press, 1993), pp. 24-34; Dennis Valdes, Al Norte: Agricultural Workers in the Great Lakes Region (Austin: University of Texas Press, 1991). 7. Vargas, Proletarians of the North, pp. 51-52, 87-88, 94, 100-106, 109-112. 8. Vargas, Proletarians of the North, pp. 66-69, 131-133. 9. Vargas, Proletarians of the North, pp. 176-190; Norman D. Humphrey, "Mexican Repatriation from Michigan: Public Assistance in Historical Perspective," Social Service Review 15 (1941), pp. 497-513; Juan R. Garcia, "The People of Mexican Descent in Michigan: A Historical Overview," in Homer C. Hawkins and Richard W. Thomas, eds., Blacks and Chicanos in Urban Michigan (Lansing: Michigan History Division, Michigan Department of State, 1979), pp. 44-55. 10. For overviews, see among others, Thomas J. Sugrue, The Origins of the Urban Crisis: Race and Inequality in Postwar Detroit (Princeton: Princeton University Press, 1996); Joe T. Darden, Richard Child Hill, June Thomas, and Richard Thomas, Detroit: Race and Uneven Development (Philadelphia: Temple University Press, 1987); Richard W. Thomas, Life for Us Is What We Make It: Building Black Community in Detroit, 1915-1945 (Bloomington: Indiana University Press, 1992); Olivier Zunz, The Changing Face of Inequality: Urbanization, Industrial Development, and Immigrants in Detroit, 1880-1920 (Chicago: University of Chicago Press, 1982); David Allan Levine, Internal Combustion: The Races in Detroit, 1915-1926 (Westport, CT: Greenwood Press, 1976). 11. Calculated from United States Census Bureau of the Census, 1990 Census of Population and Housing: Summary Population and Housing Characteristics, United States, 1990 CPH-1-1 (Washington: United States Government Printing Office, 1992), Table 1. 12. George K. Hesslink, Black Neighbors: Negroes in a Northern Rural Community, Second Edition (Indianapolis: Bobbs Merrill, 1974); Joan Fraser Hart, "A Rural Retreat for Northern Negroes," Geographical Review 50 (1960), pp. 147-168. 13. Shelley v. Kraemer, 334 U.S. 1 (1948); Hills v. Gautreaux, 425 U.S. 284 (1976). For a discussion of the Detroit background to the u>Shelley case, see Sugrue, Origins of the Urban Crisis, pp. 181-183. On patterns of segregation nationwide, see the overviews in Douglas S. Massey and Nancy Denton, American Apartheid: Segregation and the Making of the Urban Underclass (Cambridge: Harvard University Press, 1993); and Arnold R. Hirsch, "With or Without Jim Crow: Black Residential Segregation in the United States," in Urban Policy in Twentieth-Century America, ed., Arnold R. Hirsch and Raymond A. Mohl (New Brunswick: Rutgers University Press, 1993), pp. 65-99. 14. Massey and Denton, American Apartheid, pp. 11, 111-112; Reynolds Farley and William H. Frey, "Changes in the Segregation of Whites from Blacks During the 1980s: Small Steps Toward a More Integrated Society," American Sociological Review 59 (1994), p. 35. 15. U.S. Bureau of the Census, Residential Segregation Detailed Tables, Tables 1 and 3a (Washington: U.S. Bureau of the Census, 1994). Available: http://www.census.gov/hhes/www/housing/resseg [30 November 1998]. The mean index of black/white dissimilarity for all metropolitan areas in the United States is 68.6. 16. Reynolds Farley, Charlotte Steeh, Maria Krysan, Tara Jackson, and Keith Reeves, "Stereotypes and Segregation: Neighborhoods in the Detroit Area," American Journal of Sociology 100 (November 1994), pp. 750-751. 17. Frank D. Bean and Marta Tienda, The Hispanic Population of the United States (New York: Russell Sage Foundation, 1987), pp. 164-177; Massey and Denton, American Apartheid, pp. 112-114. 18. Sugrue, Origins of the Urban Crisis, chapter 3, especially pp. 64-65. For a general survey of the discriminatory aspects of federal housing policy, see Kenneth T. Jackson, "Race, Ethnicity, and Real Estate Appraisal: The Home Owners' Loan Corporation and the Federal Housing Administration," Journal of Urban History 6 (1980), pp. 419-452, and "The Spatial Dimensions of Social Control: Race, Ethnicity, and Government Housing Policy in the United States," in Bruce M. Stave, ed., Modern Industrial Cities: History, Policy, and Survival (Beverly Hills: Sage Publishers, 1981), pp. 79-128. 19. Dominic J. Capeci, Jr., Race Relations in Wartime Detroit: The Sojourner Truth Housing Controversy of 1942 (Philadelphia: Temple University Press, 1984); Sugrue, Origins of the Urban Crisis, pp. 73-77. 20. Sugrue, Origins of the Urban Crisis, pp. 231-258, 266; John Yinger, Closed Doors, Opportunities Lost: The Continuing Costs of Housing Discrimination (New York: Russell Sage Foundation, 1995), pp. 121-122; Reynolds Farley, Suzanne Bianchi, and Diane Colasanto, "Barriers to the Racial Integration of Neighborhoods: The Detroit Case," Annals of the American Academy of Political and Social Science 441 (1979), pp. 97-113; Reynolds Farley, Charlotte Steeh, Tara Jackson, Maria Krysan, and Keith Reeves, "Continued Residential Segregation in Detroit: 'Chocolate City, Vanilla Suburbs' Revisited," Journal of Housing Research 4 (1993), Fig. 5. 21. David L. Good, Orvie: The Dictator of Dearborn: The Rise and Reign of Orville L. Hubbard (Detroit: Wayne State University Press, 1989); Sugrue, Origins of the Urban Crisis, pp. 76-77; Charles Abrams, Forbidden Neighbors: A Study of Prejudice in Housing (New York: Harper and Brothers, 1955), pp. 99-101; Farley, et al., "Continued Residential Segregation," pp. 14-16. According to the 1990 Census, Dearborn's population is 0.7 black. U.S. Bureau of the Census, 1990 Census of Population and Housing: Michigan, CP-2-24 (Washington, DC: U.S. Government Printing Office, 1993). Hereinafter referred to as 1990 Census, CP-2-25. 22. "HUD's Failure in Warren, Michigan," in Louis H. Masotti and Jeffrey K. Hadden, eds., Suburbia in Transition (New York: New Viewpoints, 1974), pp. 154-157; Joe T. Darden, Richard Child Hill, June Thomas and Richard Thomas, Detroit: Race and Uneven Development (Philadelphia: Temple University Press, 1987), pp. 137-146; Fine, Violence in the Model City, pp. 148-149; Sugrue, Origins of the Urban Crisis, pp. 266-267. According to the 1990 Census, Harper Woods had a 0.9 percent black population; Hazel Park was 0.4 percent black; Redford Township, was 0.7 black; and Warren, 0.7 percent black. 1990 Census, CP-2-24. 23. Kathy Cosseboom, Grosse Pointe, Michigan: Race Against Race (East Lansing: Michigan State University Press, 1972); Sugrue, Origins of the Urban Crisis, p. 193. According to 1990 Census data, black populations in the Grosse Pointes range from 0.9 in Grosse Pointe Park to 0.1 in Grosse Pointe Woods. 1990 Census, CP-2-24. 24. Donald L. DeMarco and George C. Galster, "Prointegrative Policy: Theory and Practice," Journal of Urban Affairs 15 (1993), p. 146. 25. Diana Pearce, "Gatekeepers and Homeseekers: Institutionalized Patterns in Racial Steering," Social Problems 26 (1979), pp. 325-342. 26. Massey and Denton, American Apartheid, pp. 98-104; John Yinger, Housing Discrimination Study: Incidence of Discrimination and Variation in Discriminatory Behavior (Washington, DC: US Department of Housing and Urban Development, Office of Policy Development and Research, 1991); Michael Fix and Raymond J. Struyk, eds., Clear and Convincing Evidence: Measurement of Discrimination in America (Washington, DC: The Urban Institute Press, 1993). 27. Farley, et al., "Continued Residential Segregation," pp. 20-23. 28. In 1976, 84 percent of whites expressed that they would be unwilling to move into a neighborhood that was 60 percent or more black; in 1992, the number of whites unwilling to move to such a neighborhood fell to 71 percent. In 1976, 50 percent of Detroit area whites expressed their unwillingness to move into a majority white neighborhood that was two-thirds white and only one-third black; only 31 percent were unwilling to move into such a neighborhood in 1992. Farley, et al, "Stereotypes and Segregation," p. 756, Figure 3. 29. Farley, et al., "Stereotypes and Segregation," p. 757. 30. 30Farley, et al., "Stereotypes and Segregation," p. 778, Table A1. 31. Farley, et al., "Stereotypes and Segregation," pp. 772-777, quote p. 777. For a comparative discussion of Detroit, Atlanta, Boston, and Los Angeles, see Reynolds Farley, Elaine L. Fielding, and Maria Krysan, "The Residential Preferences of Blacks and Whites: A Four-Metropolis Analysis," Housing Policy Debate 8 (1997), pp. 763-800. 32. Massey and Denton, American Apartheid, pp. 84-87, Table 4.1. 33. Farley, et al., "Stereotypes and Segregation," pp. 751-752. 34. Farley, et al., "Continued Residential Segregation," 4-7. 35. Darden, et al., Detroit: Race and Uneven Development, pp. 147-149; 1990 Census of Population and Housing. 1990 Census of Population and Housing: Characteristics for Census Tracts and BNAs, CP-3-134B (Washington, DC: U.S. Government Printing Office, 1993), Table 8. 36. National Center for Educational Statistics, School District Data Book, Vol. 1.0, Alaska-Oregon, SDDB-04 on CD-ROM. (Washington, DC: U.S. Department of Education, 1995). Hereafter referred to as NCES, School District Data Book. K-12 Public Education in Michigan: Selected Characteristics and Services by County and School District (Lansing: Michigan League for Human Services, 1997); Ron Frank, "Transition in Southfield: More Blacks, Fewer Whites in Classrooms," Detroit News, January 21, 1997. 37. For a discussion of this process historically, see Sugrue, Origins of the Urban Crisis, pp. 9, 34-36, and more generally chapters 2, 8-9. For an analysis of more recent data, see Farley, et al., "Stereotypes and Segregation," 768-776. 38. Reynolds Farley, Blacks and Whites: Narrowing the Gap? (Cambridge: Harvard University Press, 1983), p. 32. Farley refers to Brown v. Board of Education of Topeka 347 U.S. 483 (1954). 39. Figures calculated from Ted Spencer and Rob Seltzer, Undergraduate Admissions Data, Fall 1995 (Ann Arbor: Undergraduate Admissions Office, University of Michigan, Ann Arbor Campus, 1996), p. 23. 40. Gary Orfield, The Growth of Segregation in American Schools: Changing Patterns of Separation and Poverty Since 1968 (Alexandria: National School Boards Association, December 1993), Table 6, p. 12. 41. Calculated from school district-level data for Macomb, Oakland, and Wayne Counties in K-12 Public Education in Michigan. 42. Calculated from school district-level data for Macomb, Oakland, and Wayne Counties in K-12 Public Education in Michigan. 43. Jeffrey Mirel, The Rise and Fall of an Urban School System: Detroit, 1907-81 (Ann Arbor: University of Michigan Press, 1993), pp. 188-189, 192-193, 258-259, 261; Paul R. Dimond, Beyond Busing: Inside the Challenge to Urban Segregation (Ann Arbor: University of Michigan Press, 1985), pp. 61-63; Sidney Fine, Violence in the Model City: The Cavanagh Administration, Race Relations, and the Detroit Riot of 1967 (Ann Arbor: University of Michigan Press, 1989), pp. 7-9, 43-50. 44. Mirel, Rise and Fall of An Urban School System, pp. 338-345; Darden, et al., Detroit: Race and Uneven Development, pp. 221-228. 45. Farley, Blacks and Whites, Table 2.1, pp. 26-27. 46. 1980 data from Mirel, Rise and Fall of an Urban School System, Table 4. 1989-90 data from School District Data Book; 1994 data from K-12 Public Education in Michigan. 47. Orfield, Growth of Segregation, pp. 18; Dimond, Beyond Busing, pp. 21-118 provides an overview of Milliken v. Bradley. See also Milliken v. Bradley 418 U.S. 717 (1974), and Milliken v. Bradley II 433 U.S. 267 (1977); Darden, et al., Detroit: Race and Uneven Development, pp. 144, 228-234. 48. Sugrue, Origins of the Urban Crisis, p. 105. 49. Sugrue, Origins of the Urban Crisis, p. 166. 50. Sugrue, Origins of the Urban Crisis, chapter 5. 51. Sugrue, Origins of the Urban Crisis, pp. 166-167, 170-176, 263; Sidney Fine, "`A Jewel in the Crown of Us All': Michigan Enacts a Fair Employment Practices Act, 1941-1955." Michigan Historical Review 22 (1996), pp. 19-66. 52. Philip Moss and Chris Tilly, "Raised Hurdles for Black Men: Evidence from Interviews with Employers," Russell Sage Foundation Working Paper 81. 53. Joleen Kirschenman and Kathryn M. Neckerman, "`We'd Love to Hire Them, But...': The Meaning of Race for Employers," in Christopher Jencks and Paul E. Peterson, eds., The Urban Underclass (Washington, DC: The Brookings Institution, 1991), pp. 203-234; William Julius Wilson, When Work Disappears: The New World of the Urban Poor (New York: Alfred A. Knopf, 1996), pp. 111-146. 54. Thomas, Life for Us is What We Make It, pp. 201-223; Sugrue, Origins of the Urban Crisis, pp. 110-112, 188-189, 195. 55. Genevieve Capowski, "Managing Diversity," Management Review 85:6 (June 1996), pp. 13-20; Joel Makower, "Managing Diversity in the Workplace," Business and Society Review (Winter 1995), pp. 48-54; The Balanced Workforce at Xerox Corporation, Case 491-049 (Boston: Harvard Business School, 1991). 56. David A. Thomas and Robin J. Ely, "Making Differences Matter: A New Paradigm for Managing Diversity," Harvard Business Review 74:9 (Sept.-Oct. 1996), pp. 79-80. 57. For predictions about the changing racial and ethnic demographics of the United States, see for example, Statistical Abstract of the United States: 1997, Table 13. William B. Johnston and Arnold Packer, Workforce 2000: Work and Workers for the 21st Century (Indianapolis: The Hudson Institute, 1987). There has been much debate about these predictions in the scholarly literature. But regardless of differences among demographers, popular predictions of a majority-minority nation have had great sway with personnel staff, managers, and strategic planners. 58. Statistical Abstract of the United States: 1997, Table 621. 59. Statistical Abstract of the United States: 1997, Tables 52 and 718. 60. See among others Thomas J. Sugrue, "The Structures of Urban Poverty: The Reorganization of Space and Work in Three Periods of American History," in Michael B. Katz, ed., The `Underclass' Debate: Views from History (Princeton: Princeton University Press, 1993), pp. 85-117; Jacqueline Jones, The Dispossessed: America's Underclasses from the Civil War to the Present (New York: Basic Books, 1992); Wilson, When Work Disappears. 61. Bean and Tienda, Hispanic Population, pp. 280-337. 62. Sheldon H. Danziger, Gary D. Sandefur, and Daniel H. Weinberg, Confronting Poverty: Prescriptions for Change (Cambridge: Harvard University Press, 1994), p. 37. 63. Reynolds Farley, "Residential Segregation of Social and Economic Groups among Blacks, 1970-1980," in Jencks and Peterson, The Urban Underclass, pp. 274-298. 64. Mary Pattillo, "Sweet Mothers and Gangbangers: Managing Crime in a Black Middle-Class Neighborhood," Social Forces 76 (1998), p. 751. 65. Bart Landry, The New Black Middle Class (Berkeley: University of California Press, 1987), pp. 181-186. 66. Richard D. Alba, John R. Logan, and Paul E. Bellair, "Living with Crime: The Implications of Racial/Ethnic Differences in Suburban Location," Social Forces 73 (1994), p. 427. 67. U.S. Bureau of the Census, Current Population Reports, P70-47, Asset Ownership of Households, 1993 (Washington, DC: U.S. Government Printing Office, 1995), Table F. Data for other racial groups was not available. 68. Melvin Oliver and Thomas Shapiro, Black Wealth, White Wealth: A New Perspective on Racial Inequality (New York: Routledge, 1995), Table A5.2. For earlier wealth comparisons by race, see Gerald David and Robin M. Williams, Jr., eds. A Common Destiny: Blacks and American Society, Committee on the Status of Black Americans, Commission on Behavioral and Social Sciences and Education, National Research Council (Washington, DC: National Academy Press, 1989), pp. 291-294. 69. Oliver and Shapiro, Black Wealth, White Wealth, pp. 108-109, 147-151. 70. Oliver and Shapiro, Black Wealth, White Wealth, pp. 151-156. 71. Statistical Abstract of the United States, 1997, Table 117. 72. Statistical Abstract of the United States, 1997, Table 109 73. Jaynes and Williams, A Common Destiny, pp. 391-450. 74. William J. Bennett, John J. DiIulio, Jr., and John P. Walters, Body Count: Moral Poverty and How to Win America's War Against Crime and Drugs (New York: Simon and Schuster, 1996), p. 66. 75. On these issues, see Jennifer Hochschild, Facing Up to the American Dream: Race, Class, and the Soul of the Nation (Princeton: Princeton University Press, 1995), ; Jaynes and Williams, A Common Destiny, pp. 211-212. 76. Lawrence Bobo, "The Color Line, the Dilemma, and the Dream: Race Relations in America at the Turn of the Century," in John Higham, ed., Civil Rights and Social Wrongs: Black-White Relations Since World War II (University Park: Pennsylvania State University Press, 1997), p. 38. 77. Lee Sigelman and Susan Welch, Black Americans' Views of Racial Inequality: The Dream Deferred (New York: Cambridge University Press, 1991). 78. James R. Kluegel, "Trends in Whites' Explanation of the Gap in Black-White Socio-economic Status, 1977-1989," American Sociological Review 55 (1990), pp. 512-525. 79. Hochschild, Facing Up to the American Dream, p. 61. 80. Hochschild, Facing Up to the American Dream, Table 3.2, p. 63. 81. Hochschild, Facing Up to the American Dream, p. 68. 82. Jaynes and Williams, A Common Destiny, p. 212. 83. Donald R. Kinder and Lynn M. Sanders, Divided by Color: Racial Politics and Democratic Ideals (Chicago: University of Chicago Press, 1996), 27-31. Data from the General Social Survey confirms the trends from the NES. The 1982 GSS, for example, showed that blacks favor an increase in government spending across a wide range of policies. On only one spending area, crime control, were levels of black and white support similar. See Jaynes and Williams, A Common Destiny, p. 213. 84. Kinder and Sanders, Divided by Color, pp. 28-29; for similar findings, see Barbara A. Anderson, Brian D. Silver, and Paul R. Abramson, "The Effects of the Race of Interviewer on Race-Related Attitudes of Black Respondents in SRC/CPS National Election Studies," Public Opinion Quarterly 52 (1988), pp. 289-324. 85. Kinder and Sanders, Divided by Color, pp. 29-31. 86. Mollyann Brodie, The Four Americas: Government and Social Policy Through the Eyes of America's Multi-Racial and Multi-Ethnic Society, A Report of the Washington Post/Kaiser Family Foundation/Harvard Survey Project, December 1995 (Menlo Park, CA: Kaiser Family Foundation, 1995); Rodolfo de la Garza, "The Effects of Ethnicity on Political Culture," in Paul Peterson, ed., Classifying by Race (Princeton: Princeton University Press, 1995), pp. 333-353. 87. Peter Skerry, Mexican Americans: The Ambivalent Minority(New York: The Free Press, 1993), pp. 277-78, 282; Brodie, Four Americas, Figures 2.1, 2.3, 2.4. 88. Richard Morin, "Poll Reflects Division Over Simpson Case," Washington Post, October 8, 1995. 89. Arthur Kornhauser, Detroit as the People See It: A Survey of Attitudes in an Industrial City (Detroit: Wayne University Press, 1952), p. 95; quotations from Kornhauser's analysis of survey response patterns. For a more detailed discussion of Kornhauser's survey, see Sugrue, Origins of the Urban Crisis, pp. 213, 215-216. 90. Stanley Greenberg, Middle Class Dreams: The Politics and Power of the New American Majority (New Haven: Yale University Press, 199), pp. 39, 90. 91. Joel D. Aberbach and Jack L. Walker, Race in the City: Political Trust and Public Policy in the New Urban System (Boston: Little, Brown and Company, 1973), pp. 49, 52. 92. Susan Welch, Michael W. Combs, Lee Sigelman, and Timothy Bledsoe, "Justice for All: Still an American Dilemma," in Obie Clayton, Jr., ed., An American Dilemma Revisited: Race Relations in a Changing World (New York: Russell Sage Foundation, 1996), pp. 216-222.
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