Gaines v. Canada (1938)

Paper Summary:

This paper reviews and discusses the case of Gaines v. Canada (1938), the first case to directly challenge school segregation. The paper reports that Lloyd Gaines filed the petition for admission to the University of Missouri Law School.The paper goes on to say that the decision in the Gaines case focused on the practice of southern states to meet the provision of "equality" by awarding out-of-state tuition scholarships to black students. In lieu of providing equal facilities, blacks were expected to use the scholarships to defray costs associated with attending northern institutions. Southern states universally ignored the Court's ruling that the scholarships did not equalize the conditions.

Outline:
Introduction
Post-Verdict Era
Effort Towards Legal Transformation
Influence and Involvement of NAACP
Does Providing for the Legal Education of Missouri Blacks in Other States Satisfy Equal Protection?
Conclusion

From the Paper:

"Equal protection is a subsidiary of human rights, and is to be provided to all, irrespective of any preference, discrimination and likeness. The system that fails to uphold the notion of equal protection is under moral and legal obligation to ensure the implementation of equal protection draft within the system. It is to be considered a malpractice, if the system admits the failure of the provision on its behalf, but recommends the complainant to avail the provisions for the equal protection from another system. It is wrong to believe that equal protection can be provided to residents of particular region, and be avoided to another class of it. Therefore if rights are to be provided, then these rights have to be provided to all without any discriminatory attitude. A resident and practitioner of particular system, in under no obligation to avail his or her fortunes from other system, running at parallel. Instead, it is the responsibility of the system itself to broaden the scope of its moral and legal conduct, so that the grievances of the complainant can be addressed and resolved, in accordance with the sufficiently elaborated parameters of the law, within legal pretext. "

Sample of Sources Used:

• Rosen, Paul. The Supreme Court and Social Science. University of Illinois, 1972
• Harris, Robert J. "The Constitution, Education, and Segregation,." Temple Law Quarterly 409, no. 416 (1956)
• Dunn. Frederick. "The Educational Philosophies of Washington, DuBois, and Houston: Laying the Foundations for Afrocentrism and Multiculturalism". The Journal of Negro Education, Vol. 62, No. 1 (Winter, 1993), pp. 24-34
• Jomills Henry Braddock. A Long-Term View of School Desegregation: Some Recent Studies of Graduates as Adults. Phi Delta Kappan. 259-61. 1984
• Kluger, Richard. Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Freedom . New York: Vintage Books, 1975.

More papers on Gaines v. Canada (1938):

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• Persuasive Essay # 103795 : "The NWAC V. Canada Case"
• Term Paper # 133202 : "Native Women's Association of Canada v. Canada"

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