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All Sophie Milman Lyrics
The Most Popular Sophie Milman Lyrics
These lyrics are listed by popularity
- So Long, You Fool Lyrics Hits: 202
- Ochi Chernye (Dark Eyes) Lyrics Hits: 95
- Guilty Lyrics Hits: 77
- It Might as Well Be Spring Lyrics Hits: 59
- Fever Lyrics Hits: 54
All Sophie Milman Lyrics
- (It's Not Easy) Bein' Green Lyrics
- Agua de Beber Lyrics
- Back Home to Me Lyrics
- Eli, Eli (A Walk to Caesarea) Lyrics
- Fever Lyrics
- Guilty Lyrics
- I Can't Give You Anything but Love, Baby Lyrics
- I Concentrate on You Lyrics
- I Feel Pretty Lyrics
- It Might as Well Be Spring Lyrics
- La Vie en rose Lyrics
- Like Someone in Love Lyrics
- Lonely in New York Lyrics
- Make Someone Happy Lyrics
- Matchmaker, Matchmaker Lyrics
- My Baby Just Cares for Me Lyrics
- My Heart Belongs to Daddy Lyrics
- Ochi Chernye (Dark Eyes) Lyrics
- People Will Say We're in Love Lyrics
- Rocket Love Lyrics
- So Long, You Fool Lyrics
- Something in the Air Between Us Lyrics
- The Man I Love Lyrics
- This Time of the Year Lyrics
- Undun Lyrics
Tweets from Sophie Milman | |
sophiemilman: More over the top Gregory Porter genius! I'm truly blown away. In love his voice, delivery, intonation, humility,... http://t.co/QuAOhSi2L1 |
sophiemilman: Just discovered the music and genius of Gregory Porter. This is an immense talent. Check it out folks. This is... http://t.co/SfwxqauVIj |
sophiemilman: RT @I_GregoryPorter: "Hey Laura" got GRAMMY nom for Best Trad R&B Performance last night & #LiquidSpirit; is up for Best Jazz Vocal Album! h… |
sophiemilman: Loving me some Dennis Lee!!! |
sophiemilman: GAGA on SNL is awesome! She can really sing! |


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Tip: Make Sure to Pick a Company Name That You Can Legally Use. A great name is worthless if you cant use it. A name may sound like a perfect fit for your business but caution -- it could be trademarked making it essentially unusable. Thats why Brandings.com screens and checks all the names in our catalog. Learn more about company trademarks.
Trap: Start With Insufficient Capital. A big mistake many start-ups make is securing just enough capital to open their business not run it. Develop a financial profit and loss projection for the first five years of operation. Calculate your capital requirements using three scenarios best case, worst case and likely. You dont want to run short on funds just as your start-up really begins to take flight.
Tip: Set Measurable Start-Up Goals. If you cant measure it, you cant manage it. Youll want to have clearly defined goals for every functional area of your start-up. From these goals you can set specific and measurable performance objectives.
Trap: Fail to Plan. Before you launch your new venture youll want to make sure that youre positioned for success. Temper you zeal and take time to structure a blueprint for your new company. The time you spend planning at the very beginning of your start-up could well mean the difference between success and failure. Heres a great resource to help you plan: Business Plan Template.
More Naming Tips & Traps
New Domain Extensions
Sara Lee Naming Blunder
Start-Up Tips for College Graduates
In this posting the Brandings team shares their insights on how to develop a creative business name for free.
If youre looking for a creative business name, weve developed five simple rules that will make the finding the right creative name for your business a snap. Just take a look at some of these creative company names developed by Brandings:
Rule #1: Break the Mold. Make a list of all the company names in your industry. Get copies of their logos and company slogans. Now when you select your company name, steer clear from anything resembling these names. Be creative and consider bold, fresh company names that are wildly divergent from your competitors. If the industry is dominated with logos of a particular color or style, try something different.
Rule #2: Have Fun. Add some fun and whimsy to your naming process. Stay away from descriptive names and consider coined names names that are brainstormed and invented. Consider logo designs that are professional yet playful.
Rule #3: Keep it Simple. Great creative names are short in length. You want your name to be easy to remember and easy to spell. So stay away from unusual spellings or odd letter choices. The easier a name is to spell and pronounce, the easier it will be for your customers to remember.
Rule #4: Dont Get Too Cute. Keep in mind that your company name should convey creativity not saccharine cuteness. Stay clear of names that try too hard like the new Vietnamese restaurant that just opened up across the street from our office 9021pho. And cross off all puns from your list. Sure Curl Up & Dye may seem like a cute name for a hair salon the first time you hear it, but the name gets old quickly and may dissuade potential customers from considering your company.
Rule #5: Make Sure the Dot.com Domain is Available. The dot.com extension is the domain choice for business. A great, creative name is of little use if you dont own the dot.com domain name. Dont settle for .org, .net or a country code extension. You simply must own the dot.com domain name.
Here are a few more examples of creative company names:
Our naming experts and etymologists love the alphabet. They're obsessed with research, testing and screening in their effort to generate creative business names.
To help jump-start your search for the perfect creative business name we've put many of our premier brand packages on sale with savings up to 50%. So if youre looking for a great creative company name, a crisp business logo, and a fresh internet domain name -- there has never been a better time to act.
You can find thousands of pre-developed company names in Brandings.com creative company name database. Just click on this link to search for the perfect name.
Whatever your new business needs, we are here to help. Call Brandings Client Service Team today at 1-800-852-8900 (Toll Free USA) +1-310-246-5100 (Worldwide) or simply click here to contact our office via e-mail: firstname.lastname@example.com
Click here to return to Brandings.com main page: Brandings.com Home
Find the Best Creative Names for Small Business In this article our naming team will share their experience in creating great names for small business. Well discuss what to look for in a great name and what to avoid. Find the best creative business names and premium domain names for a start-up business. If youre looking for the best creative company names well identify the best places to search. Best small business names.
Creative Business Name Ideas Looking to create a great company name? Our etymologists and naming experts share the secrets of great company name creation. This article helps you come up with creative business name ideas, logo ideas and product name ideas. If youre looking to brainstorm a name for your new venture, youll find the tips in this article essential. Business name ideas.
How to Name a Company Our experts share details on how to develop a creative name a company. Find out how you can name your business with great creative naming resources at Brandings.com. Find out how to name a company.
Creative Ideas on How to Name a Team, Group or Project If youre looking for a creative name for a team or a project, youll want to read this article. Our naming experts provide tips on selecting a creative and interesting name for a team, corporate project, business group or club. Clever names for a team.
Catchy & Creative Business Names Discover the catchiest company names and domain names and what makes them so memorable. Use Brandings name generator or come up with your own catchy business name. If youre looking for a catchy business name or a creative domain name get ideas in this posting. Catchy business names.

subset: commoncrawl


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Dec 2013 / Jan 2014 issue • On sale from 28 Nov
It's our 20th birthday and we're giving YOU the present: the 20 travel experiences that will change your life – from eyeballing gorillas to chasing the northern lights. We're also giving ALL readers a £10 Rohan giftcard
Namibia: Rhino, leopard and an endless wilderness – we investigate Africa's greatest conservation success story
Papua New Guinea: Our Travel Photo Of The Year winners return with an astonishing portfolio
Quebec: Meet the biggest mammal on earth out on Quebec's St Lawrence River
Bhutan: Monks, monasteries and marvels line the trekking route to the spectacular Tiger's Nest Monastery
Ecuador: Ride the reopened rail link between capital Quito and the coast
PLUS: New Zealand's Mount Cook National Park; a short break in Windsor; great snow adventures; meeting Komono dragons; and how to take a sabbatical
Subscribe and get a FREE £50 voucher!
A to Z of Destinations Africa Asia Australia, NZ and South Pacific Caribbean Europe Latin America Middle East North America Polar
A to Z of Experiences Walking and trekking Diving and snorkelling Wildlife and safaris Meet the locals Frontier and expedition Travel icons Cycling and Mountain Biking Boat trips Solo travel Visiting the Poles Outdoor Activities Career breaks and BIG trips Rail journeys Body and soul Short breaks Volunteer and conservation Family travel Learning Honeymoons
Borneo Sri Lanka Burma/Myanmar Australia, East Coast Thailand Nepal Vietnam Iceland United Kingdom Norway
Everest Base Camp Aurora Borealis/Northern Lights Petra, Jordan Annapurna Circuit Trans-Siberian and Trans-Mongolian railway Ice Hotel Dog sledding Silk Road Overlanding Machu Picchu and the Inca Trail
22nd March 2012
Graihagh Jackson explores some of the world's most captivating sounds – which you simply shouldn't miss
Graihagh Jackson
Everyone knows that familiar sound when you put a shell to your ear and listen to the far-off rush of the sea. The song of the sand dunes is something of a similar pitch. Their symphony is distant, but audible as a swelling, low hum.
The aural phenomenon is found in 30 deserts across the world and is caused by the vibration of tumbling sand particles. Namibia's 'Booming Dunes' are even named after the marvel. The song, likened to a lone cello, is something of a wonder and a sensory experience not to be missed.
As the sun rises and raindrops slide off over-sized leaves in the dense jungles of Central America, the cry of the black howler monkey can be heard above all other creatures.
This primate's howl, although unearthly, is mystical and pre-historic sounding, as though a tyrannosaurus-rex could be stalking the rainforests of Costa Rica.
With nearly 3,000 mosques in Istanbul all calling Muslims to prayer simultaneously, there is no better place to listen to the wailing notes and sombre tones of the Islamic adhān.
Watch wise old men awaiting the call outside the iconic Blue Mosque in the city centre and tune in to the echoed responses from the surrounding mosques. The rebounding voices are mesmerising and bound to give you the shivers.
New Zealand's Doubtful Sound is an area of calm water, surrounded by rugged peaks and abundant in wildlife. Perfect to escape the humdrum and stress of everyday life, the unmissable sound here is utter silence.
Take a soothing boat ride out into the clear waters, dive overboard for a wild swim and let the soundless wild setting sink to your core. For an extended stay, take an overnight cruise, gaze up at the stars and spot bottlenose dolphins, fur seals and the rare Fiordland crested penguin.
The enigmatic song of the humpback whale travels thousands of miles through entire oceans. They mournfully hum different tunes, whether looking for a mate, exploring new-found waters or calling to companions.
To hear the humpback's tones, be sure to hop aboard a boat equipped with a hydrophone and nothing less than a snorkel; no trip is complete without swimming alongside one of Mother Nature's finest creatures. It is an adrenaline-fuelled, yet haunting experience.
Just before dawn at Jokhang Temple, Lhasa, Buddhist monks begin their morning pujas. The air is thick with burning candles, incense and chants; outside is another story. The mountain air is thin but alive with the sound of snapping prayer flags.
The wind whips the prayer flags lining the bridge at Jokhang Temple entrance. The contrast of the Buddhist chants and the flapping of fragile fabric, makes this aural experience a unique one.
Witness the awesome power of Mother Nature. Gaze up at Poás, Costa Rica and, if you get the timing right and you'll hear the Earth rumble. Surrounded by buzzing insects and the odd eerie hiss of releasing gases, the atmosphere is broken only by an almighty volcanic belch, causing the air to reverberate with shock.
The volcano, along with many others in Costa Rica, including Volcan Arenal, is relatively active so the mountain often stirs and grumbles, much to the delight of onlooking travellers.
The lyre bird is far from a glorified parrot; it has one of the most complex birdsongs in the world. The male carefully imitates surrounding bird calls, or any other sound for that matter, to attract a mate.
The melody is so exact that even the local nesters are convinced another of their kind is in the vicinity. So be prepared to hear a combination of cuckoo burrows, chainsaws and even camera-shutter clicks.
For the people of Pentecost, Vanuatu, land diving is an annual and important event. Stand among the crowd and listen to bold chants, feet drumming and grass skirts swishing as divers prepare to jump.
A momentary gasp and silence is followed, as onlookers apprehensively watch young men throw themselves from a 75ft high bamboo platform, tied on only by home-made rope.
Wait for the sound the whip of the vine against the structure and the accompanied rush of relief that follows. The cracking noise and celebratory cheers of a successful Naghol jump are sounds you'll be anxious to hear.
On a hot summer's day, the sound of splintering ice cubes is a satisfying one. Now multiply that by 1,000 and imagine how enrapturing the sound of a glacier shattering would be.
Glaciers are mass expanses of ice, sometimes cracking and ricocheting into watery smithereens. Nothing compares to the terrifying sound of splintering ice, crashing into water below.
Perito Moreno Glacier periodically stretches into Lake Argentina before rupturing spectacularly and receding back to the mountainside. The thunder of fracturing ice, the cascading splashes and the subsequent waves washing high on the shore is an aural delight.
Every autumn, millions of bats migrate to Kasanka, Zambia and stay until Christmas, feasting on the park's fruits. Get up before dawn and you'll witness the bats sauntering back from a night of flight.
The distinctive squeaks can be heard before the sky becomes a blizzard of black silhouettes. The equivalent biomass of 1,000 elephants is above, erupting in short, high pitched chatters.
Travel Icon: Milford Sound, New Zealand | Destinations... More
5 wild Welsh walks | Inspire me... More
Where and when to watch whales | Inspire me... More
Zambia's mass bat migration: top secret – but for how long? | Destinations... More
7 things to do for free: Istanbul, Turkey | Inspire me... More
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22nd March by Liz Cleere
I'd add the sound of a yacht sailing in the middle of an empty ocean, cutting through the waves.
22nd March by Skelly
Would that bird it copies be any relation of the kookaburra?
22nd March by KarinW
Great list! I'd like to add the sound of a fish eagle calling... to me, the defining sound of Africa.
22nd March by Pathfinder
You've missed one of the greatest wildlife sounds ever. The true call of the wild.........The howl of a wolf, in the early morning gloom. It will send a shiver down your back and you will never forget it.
23rd March by Lyn Hughes
Totally agree re the call of a fish eagle and the howl of a wolf. Both make the hairs stand on the back of my neck. I love the night sounds of the African bush. I barely sleep when I'm there!
24th March by Angela R
I totallly agree with the sound of the call to prayer. Sitting on a balcony with something cold in Luxor I can remeber hearing each mosque chiming in with their call to prayer, one after another, at sunset, amazing. Another sound etched in my memory was when we stayed in a jungle hotel in Sri Lanka. I remarked to my husband the first morning that it was a bit like sleeping in the bird house in London Zoo the noises were so incredible. Loved it. Would love to hear a howler monkey, hopefuly will do sooner than later.
26th March by Liz21sailing
I too think sound of a sailing yacht cutting through the waves in the open ocean is a magical sound. I would add the sound of 'dolphin chatter' which if you are sailing you can hear especially at night.
Tibet travel guide, including map of Tibet, top Tibet travel experiences, tips for travel in Tibet, plus how to make the most of your Himalayan adventure
Zambia travel guide, including map of Zambia, top Zambia travel experiences, tips for travel in Zambia, plus where to see wildlife in Zambia
In our final extract from Bradt Travel Guide's new book 52 Wildlife Weekends, James Lowen shows that the UK has plenty of wildlife-spotting weekends in autumn
In the following extract from Bradt Travel Guide's new book 52 Wildlife Weekends, James Lowen shows that the UK has plenty of wildlife-spotting weekends in autumn
For European travellers, there's no need to travel far for close bear encounters: the wild, prehistoric woods of eastern Estonia, easily accessible from Tallinn, are rich in atmosphere and enormous creatures
In many destinations, tourists are offered the chance to have their photo taken with wild animals. Here's why you shouldn't do it and what to do if you see someone posing for a pic
These tips will make sure you not only get through customs with your shopping intact, but also avoid harming wildlife and other animals with your purchases
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Princess Rabbit Coloring Page
This princess rabbit coloring page showcases this royal rabbit dressed as a princess, complete with a crown and a polka-dotted frock. Don't forget to add color to her gourmet snack of organic carrots decorated with bows! Your budding princess will have a blast bringing life into this worksheet with her crayons.
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Updated on Aug 18, 2011
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Hotel Radisson Blu Balmoral SPA(4 stars)
40 Avenue Leopold II View on mapWe are searching for the best available offers...
Hotel review overview
Very nice stay
- Recommended hotel
- Couples
- Other stay
- September 2013
Very nice stay at a very good hotel. Will definitely stay here again when I'm in the area. Hotel had ample parking. Hotel was in a quiet neighborhood with little traffic noise. Pool and fitness area were great for keeping fitness routine while away from home. read hotel review
Solide hotel in the belgian ardennes
- Recommended hotel
- Couples
- Translated
- Countryside & spa
- September 2012
Solide hotel in which our personal opinion no significant defects there. For hiking and wellness vacation it has a very good location. We would the building to quite further-recommend. read hotel review
Information about Hotel Radisson Blu Balmoral SPA
Hotel Information
Hotel description
Hotel description *
- LocationThis charming hotel enjoys a peaceful location in the upper outskirts of Spa. Lying amidst rolling forests in the Belgian Ardennes, this hotel offers the ideal location for those wishing to enjoy a relaxing holiday before a harmonic, picturesque backdrop. It is just 5 minutes drive to the town centre and the town of Spa is famous for its thermal springs, the wonderful Royal Fagnes Golf Club and the world-famous Formula One racetrack of Spa-Francorchamps. The hotel offers excellent cuisine and offers a rich cultural and historical heritage. It is well worth paying a visit to a few of the many museums, castles and monuments to be found in the surrounding area.
- This 4-storey hotel comprises 89 rooms including 46 suites. Facilities include an inviting foyer with a 24-hour reception desk, lifts and a safe in addition to the excellent 'Entre Terre et Mer' à la carte restaurant that features highchairs for infants where unique and innovative cuisine as well as regional specialities are on offer, as are seafood and low fat menus, which are rich in vitamins. The elegant 'Orangerie/ Veranda' is set aside for non-smoking guests and it is possible to enjoy pleasant views out over the hotel gardens. An array of wines may be sampled in the exclusive wine boutique and 'L'Entre Temps' bar is the ideal setting for a drink in an agreeable ambience. Moreover, there is a currency exchange desk as well as 6 modern, well- equipped conference rooms to take advantage of. Younger guests may let off steam in the playground and room service is available 24 hours a day. It is additionally possible to park in the guarded car park.
- The highly elegant, stylish standard rooms are 29 m² in size and each come with a bathroom with a shower and a hairdryer, whilst some have been fitted with priceless antiques, which emanate timeless charm. In addition, all rooms are equipped with a direct dial telephone, a high-speed Internet connection, a hi-fi stereo system and centrally regulated air conditioning and central heating. There is also a desk and a comfortable king-sized bed in each. Centrally regulated air conditioning, a minibar and a hire safe also feature as standard. The spacious junior suites come with a separate salon and a small kitchen (total area of 54 m²). The executive suites also have a separate salon, but also feature 2 bathrooms and 2 bedrooms. Covering some 96 m², these suites are ideal for families.
- The hotel's spa area features an indoor pool, a sauna, Turkish steam baths and a solarium and it is also possible to enjoy a relaxing massage or spa treatment. During warm weather, it is possible to kick back and relax on the furnished sun terrace and Spa's thermal springs are also just a short distance from the hotel, which are famous for their healing waters and total surface area of some 800 m², with indoor and outdoor pools with hydro features, saunas, Jacuzzis, Turkish steam baths and relaxation rooms with aromatherapy and black light therapy. Sports enthusiasts may work out in the onsite gym, play tennis, or improve their putting skills on the hotel green. Guests are able to play billiards and the Royal Fagnes Golf Club is a mere 800 m away and is considered one of the best 18-hole courses in Belgium.
- An extensive buffet breakfast is on offer each morning from 6:30 am until 10:30 am featuring pancakes and waffles, which have been freshly made, as well as an assortment of breads, fresh fruits and yoghurt. The midday and evening meals may be taken à la carte or selected from a set menu; special dietary requirements as well as individual-specific dishes may be prepared. Guests are able to book either half-board or full board stays.
- All major credit cards including American Express, Diners Club, JCB, MasterCard and VISA are accepted as methods of payment.
- The reception staff will willingly answer guests' questions about the hotel, as well as provide information about excursions out into the surrounding area. Bicycle and car hire services are on offer and it is possible to reserve a tee-off time for the nearby golf course. The Meetings & Events team caters to the needs of those wishing to hold events at the hotel, and are able to cater for up to 250 persons. Childcare may be arranged for families and the friendly hotel staff provide a porter service to bring luggage to the hotel rooms. It is possible to take advantage of the laundry and medical services.
* Neither HolidayCheck nor the provider assumes liability for the accuracy and completeness of the content displayed above. Please take note of the hotel description of the respective operator and bear in mind that the services included in an offer may differ from the catalog description presented here. We are obliged to offer solely those services available at the time of booking as shown on the booking form. © 2013 Giata
Hotel amenities
- Luggage room
- Meeting/Banquet Facilities
- Non-smoking room
- Hairdressers/Beauty salon
- Business centre
- Hotel safe
- Internet
- Lift
- Central heating
- Air conditioning
- Free parking
- Car park
Room amenities
- Writing bureau
- Additional childrens' bed
- Satellite TV
- Minibar
- Safe
- Coffee and tea
- Balcony
- Terrace
- Bathroom
- Hair dryer
- Wake up call/Alarm clock
- Pets allowed
- Restaurant
- Vegetarian
- Hotel bar
- Cafe
- Packed lunches
- Catering service
A choice of sports
- Fitness centre
- Tennis court
- Volleyball
Spa offers
- Spa centre
- Massages
- Beauty treatments
- Sauna
- Steam room/ turkish bath
Other hotel information
- City hotel
- 24 hour reception
- Gay friendly
- Express check in and check out
- Car hire
- Information desk
- Currency exchange
- Children welcome
- All public and private areas are no smoking zones
- Wifi
- Free Wifi access included
- Newspaper
- Laundry service


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Has the Growth of Starbucks Created a Public Backlash?
Survey Nation is back on the streets asking people about their views and attitudes concerning the corporate giant of coffee. Starbucks has grown exponentially with stores on every corner in every city, but at what cost to their reputation and personal connection to coffee drinkers. Starbucks may not be everyone's first choice in coffee, but this has not slowed the expansion of their flourishing caffeine empire. Is Starbucks good for America? Who brews the better coffee, Starbucks or the locally owned coffee shops? Whether it's a love/hate relationship or a personal boycott, one thing is certain: when it comes to Starbucks, everyone has an opinion. What's yours? Your comments are encouraged.
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ARE STATE-SUPPORTED HISTORICALLY BLACK COLLEGES AND UNIVERSITIES JUSTIFIABLE AFTER FORDICE?—A HIGHER EDUCATION DILEMMA J OHN A. MOORE * I. I NTRODUCTION ...................................................................................................... 547 II. THE ORIGIN OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES ......................... 549 A. The Origin of Private HBCUs........................................................................... 549 B. The Origin of Public HBCUs ............................................................................ 549 III. BROWN AND I TS P ROGENY ....................................................................................... 550 A. The Brown Standard........................................................................................ 550 B. The Green Standard......................................................................................... 551 C. The Bazemore Standard ................................................................................... 552 D. The Fordice Standard ....................................................................................... 553 IV. POSSIBLE INTERPRETATIONS OF THEFORDICE STANDARD .......................................... 555 A. Interpretations in Favor of Maintaining Public HBCUs....................................... 555 B. Interpretations Against Maintaining Public HBCUs............................................ 556 V. BAZEMORE : T HE BETTER STANDARD ........................................................................ 558 VI. CIRCUMVENTING THE NEGATIVE I NTERPRETATIONS.................................................. 560 A. Diversification ................................................................................................ 561 B. The Tier System ............................................................................................... 562 VII. CONCLUSION ......................................................................................................... 563 I. INTRODUCTION The colleges founded for Negroes are both a source of pride to blacks who have attended them and a source of hope to black families who want the benefits of higher learning for their children. They have exercised leadership in developing educational opportunities for young blacks at all levels of in- struction, and, especially in the South, they are still regarded as key institu- tions for enhancing the general quality of the lives of black Americans.1 As the above statement suggests, Historically Black Colleges and Universi- ties (HBCUs) continue to play a significant role in the development and educa- tion of African Americans. Eliminating these institutions will likely increase the educational disparity between African and Anglo-Americans since HBCUs maintain higher graduation rates for their black students than do predominately white colleges and universities.2 Despite the above observation, the continued * J.D. Candidate, May 2000, the Florida State University College of Law. The Author is an alumnus of a public Historically Black University, Florida A&M University (FAMU). The Author wishes to express that many public Historically Black Colleges and Universities (HBCUs), like FAMU, are still needed to provide an education to African-American students. America's capitalistic structure is not yet diversified enough to elim inate public HBCUs, which are one of the greatest sources of African- American scholars, educators, and business people. The Author hopes to see public HBCUs flourish. The Author also wishes to express his appreciation to Professor Steven Gey of the Florida State University College of Law for his thoughtful comments and suggestions. 1. CARNEGIE COMMISSION ON HIGHER EDUCATION , FROM I SOLATION TO MAINSTREAM: P ROBLEMS OF THE COLLEGES FOUNDED FOR NEGROES 11 (1971). 2. See SERBRENIA J. SIMS, DIVERSIFYING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES– A NEW HIGHER EDUCATION PARADIGM 10 (1994). "The Carnegie Commission . . . predicted that the total number of black students enrolled in all types of higher education institutions would have to i -n 547 548 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 existence of state-supported HBCUs poses a serious social and legal dilemma. Supporters of desegregation have fought hard to establish legal rules that forbid denying an individual access to higher education because of his or her race. However, these same supporters want to preserve and enhance HBCUs, recog- nizing the vital role that these institutions play. The dilemma, then, centers on preserving state-supported HBCUs while at the same time demanding full inte- gration of traditionally white institutions. In 1992 the United States Supreme Court further complicated the dilemma in United States v. Fordice.3 In Fordice, the Court addressed the issue of "whether states that maintained racially segregated systems of higher education are obligated to take steps beyond adopting race-neutral admissions policies to desegregate their educational institutions."4 The Court answered this question in the affirmative and decided that race-neutral policies alone are not enough to rectify remnants of prior de jure segregation.5 Instead, the Court adopted a stan- dard requiring states to eliminate all policies that continue to have a discrimi- natory effect and that are traceable to the prior de jure system.6 The Court, however, left unanswered the question of whether public HBCUs are constitu- tionally justifiable under this new standard. Instead, the Court complicated matters by leaving in place a standard that, on its face, suggests that public HBCUs are no longer constitutional. This Note criticizes the applicability of the educational standard set forth in Fordice. Particularly, this Note discusses the legal ramifications of the Fordice standard as it relates to HBCUs. First, Part II will describe the history and origin of HBCUs and, specifically addresses, how and why they were established. Part III examines the case law governing the desegregation of public schools, n- i cluding the rationale and policy reasons underlying the law. Specifically, Part III reviews the educational standards set forth in Brown v. Board of Education7 and its progeny. In light of this historical background, Part IV examines two possible inter- pretations of the Fordice standard as it relates to the survival of HBCUs and ad- dresses many of the concerns that Justice Scalia noted in his Fordice dissent. Additionally, Part IV discusses the potential effects that these interpretations may have on HBCUs, especially HBCUs located in close proximity to tradi- tionally white institutions. Part V analyzes the two opposing standards set forth in Bazemore v. Friday8 and Fordice, focusing on why the appropriate standard to govern HBCUs should be the Bazemore standard. Part V addresses the advantages and disad- vantages of maintaining HBCUs and ultimately illustrates how HBCUs can crease to about two million by the twenty-first century in order to reach educational parity with white students." Id. (citing CARNEGIE COMMISSION ONHIGHER EDUCATION , supra note 1, at 11). 3. 505 U.S. 717 (1992). 4. Leland Ware, The Most Visible Vestige: Black Colleges After Fordice, 35 B.C. L. R . 633, EV 633 (1994) (citing Fordice, 505 U.S. at 729). 5. See Fordice, 505 U.S. at 729. De jure means "Of Right." BLACK' S LAW DICTIONARY 425 (6th ed. 1990). In the context of this Note, the phrase refers to the period when racial segregation was law- fully permitted in public schools. 6. See Fordice, 505 U.S. at 729. 7. 347 U.S. 483 (1954). 8. 478 U.S. 385 (1986). 2000] FORDICE—A HIGHER EDUCATION DILEMMA 549 survive the negative interpretation of the Fordice standard and continue to play a vital role in American soc iety. II. T HE ORIGIN OF HISTORICALLY BLACK COLLEGES AND UNIVERSITIES A. The Origin of Private HBCUs What exactly is a Historically Black College or University? Section 322 of Title III of the Black College and University Act proffers the following defin i- tion: [A]ny historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Ameri- cans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary (of Education) to be a reliable authority as to the quality of training offered according to such an agency or association, making reasonable progress toward accreditation.9 The origin of HBCUs can be divided into two categories: the establishment of private HBCUs and the establishment of public HBCUs. Most private HBCUs originated during the post-Civil War era when Christian missionaries undertook efforts to provide freed slaves with a basic education.10 During this period, "a number of the nation's most prestigious black institutions of higher learning were founded, including Virginia Union and Shaw Universities (1865), Fisk University and Lincoln Institution (1866), Talladega College and Howard University (1867), . . . and Cheyney State Teachers College (1873)."11 B. The Origin of Public HBCUs The inception of public institutions of higher education in general began in 1862 when Congress passed the First Morrill Act.12 This Act provided each state with a federal land grant to promulgate the creation of liberal and practical education for the industrial classes.13 Many blacks, however, could not take ad- vantage of the public education because the First Morrill Act did not obligate states to create land-grant colleges for blacks and because many states forbade blacks from attending the white public institutions.14 The obligation to publicly educate blacks did not occur until Congress passed the Second Morrill Act in 1890.15 9. SIMS, supra note 2, at 5-6 (quoting Section 322 of Title III of the Black College and University Act). 10. See JACQUELINE FLEMING , BLACKS IN COLLEGE 4 (1984). 11. SIMS, supra note 2, at 6. 12. First Morrill Act, ch. 130, § 1, 12 Stat. 503, 503 (1862) (codified as amended at 7 U.S.C. § 301 (1994 & Supp. IV 1998)). 13. See id. 14. See Paul E. Barton, Students at Historically Black Colleges and Universities (last modified Mar. 6, 1999) <http://etsis1.ets.org/research/pic/hbctoc.html>. 15. Second Morrill Act, ch. 841, § 1, 26 Stat. 417, 418 (1890) (codified as amended at 7 U.S.C. § 321 (1994 & Supp. IV 1998)). 550 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 Under the Second Morrill Act, states were required either to provide sepa- rate educational facilities for black students or to admit them to existing white facilities.16 In response to this Act, coupled with the Supreme Court's "separate but equal" doctrine enunciated in Plessy v. Ferguson,17 the southern states chose to establish "separate but equal" public institutions for blacks.18 These black in- stitutions, however, were not equal to their white counterparts.19 Instead, the black institutions received less funding, which resulted in inferior facilities and educational services.20 Nevertheless, despite the inequalities that existed and still exist within public HBCUs, many of these institutions have survived and enjoy long-standing reputations for educating and graduating successful African Americans. Whether these institutions will continue to survive is a lingering question that HBCUs have faced since the Supreme Court's desegregation d e- cree in Brown v. Board of Education.21 III. B ROWN AND ITS PROGENY A. The Brown Standard Until 1954, the Plessy v. Ferguson "separate but equal" doctrine solidified the existence of HBCUs. African Americans and Anglo-Americans were edu- cated separately in their respective institutions. In 1954, however, the Supreme Court revisited the "separate but equal" doctrine in the landmark decision, Brown v. Board of Education. In an effort to ensure equal protection under the law for blacks and eradicate discrimination, the Brown Court held that state- mandated segregation of public educational facilities was inherently unconsti- tutional under the Equal Protection Clause of the Fourteenth Amendment.22 Theoretically, after this decision, all state public school systems were to be desegregated; however, Brown was ambiguous in that it did not address any solutions to remedy such segregation. Therefore, a majority of the southern states ignored Brown and continued to operate segregated public school sys- tems.23 In response, the Supreme Court issued Brown II,24 demanding the deseg- regation of all public schools with "all deliberate speed."25 The Court, however, still failed to address the ambiguity of the previous Brown decision, and south- ern states found ways to continue to resist desegregation.26 After Brown, the only clear standard was that state-mandated segregation was unconstitutional. It remained unclear whether Brown applied only to ele- 16. See id. § 323. 17. 163 U.S. 537 (1896). 18. At least one black public institution of higher learning was established in each of the southern states. See Ware, supra note 4, at 636. 19. See id. 20. See id. at 637. 21. 347 U.S. 483 (1954). 22. See id. at 495. 23. See Ware, supra note 4, at 646. 24. 349 U.S. 294 (1955). 25. Id. at 301. 26. See Robert McKay, "With All Deliberate Speed," A Study of School Desegregation, 31 N.Y.U. L. REV. 991 (1956). 2000] FORDICE—A HIGHER EDUCATION DILEMMA 551 mentary and secondary schools, or if it also applied to postsecondary schools. Moreover, both Brown and its sequel left still another question: How would the Brown standard affect people's "freedom to choose" which school to attend? The answer to this question directly impacts the future existence of public HBCUs. If Brown, or its progeny, mandates desegregation regardless of choice, then the continued existence of public HBCUs would certainly be unconstitu- tional. B. The Green Standard The Supreme Court finally addressed the "freedom of choice" issue in its 1968 decision in Green v. County School Board of New Kent County. 27 The is- sue in Green was whether adopting a "freedom of choice" plan, which allowed students to attend the public school of their choice, complied with the standard set forth in Brown.28 According to the facts in Green, the New Kent County School Board operated a discriminatory, segregated school system for eleven years after Brown was initially decided.29 White students went to one school, black students went to another, and, due to the school board's attempt to main- tain a segregated system, many students were not allowed to attend the schools closest to them.30 In order to receive federal funding, the school board adopted a "freedom of choice" plan to show that it was complying with the desegregation order mandated by Brown.31 The Court, however, found that the New Kent County School Board's a t- tempt to implement such a plan did not satisfy the intended standard set forth in Brown. 32 Particularly, the Court held that "localities that had maintained de jure systems of segregation could not satisfy their constitutional obligations merely by adopting [race neutral] 'freedom of choice' policies."33 Furthermore, the Court set forth a standard compelling states that operated a dual system to take affirmative steps to convert their dual system to a unitary one in "which racial discrimination would be eliminated root and branch."34 The Court, however, did not hold that "freedom of choice" plans were, themselves, unconstitutional. 35 Arguably, Green only applies to elementary and secondary schools.36 Thus, Green did absolutely nothing to clarify Brown regarding the issue of whether Brown affects the viability of public HBCUs. Furthermore, none of the S u- 27. 391 U.S. 430 (1968). 28. See id. at 432. 29. See id. at 433. The New Kent County School Board "continued the segregated operation of [its public schools] after the Brown decisions, presumably on the authority of several statutes enacted by Virginia in resistance to [the Brown] decisions. . . . One statute, the Pupil Placement Act [was] not re- pealed until 1966." Id. at 432-33. 30. See id. at 432. 31. See id. at 433-34. 32. See id. at 437. 33. Ware, supra note 4, at 646-47 (citing Green, 391 U.S. at 440). 34. Green, 391 U.S. at 437-38; see also Cooper v. Aaron, 358 U.S. 1, 7 (1958) (implementing Green). 35. See Green, 391 U.S. at 439. 36. Brown dealt solely with state-imposed segregation practices in elementary and secondary schools where attendance is mandatory and students have no freedom to attend a school of their choice. Thus, arguably, this standard does not apply to postsecondary institutions where students have the ult i- mate choice as to which institution they want to attend. 552 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 preme Court's decisions pertaining to desegregation in higher education post- Green help clarify the effects of Brown on public HBCUs. 37 Subsequent cases have only required states "to achieve a system of determining admission to . . . public schools" using a non-discriminatory, non-segregated basis.38 C. The Bazemore Standard Not until 1986, in Bazemore v. Friday,39 did the Court clarify Green's "free- dom of choice" standard. In Bazemore, the Court addressed the issue of whether voluntarily segregated, state-supported organizations comply with Brown's de- segregation regime absent evidence that the segregation is based on discrimina- tion.40 The organizations involved in Bazemore were a 4-H Club and the North Carolina Agricultural Extension Service, a division of the North Carolina State University. 41 According to the facts in Bazemore, prior to the Civil Rights Act of 1964,42 the Extension Service was divided into two segregated branches, a white branch and a "Negro branch."43 After Congress enacted the Civil Rights Act, the two branches unified into a single branch; however, some of the disparities that ex- isted prior to the Act were not eliminated.44 The black employees, therefore, brought an action against the Service under Title VII of the Civil Rights Act al- leging racial discrimination. 45 The Bazemore Court held that "[t]he mere continued existence of single-race clubs does not make out a constitutional violation."46 The Court went on to hold that a segregated, state-supported organization will pass constitutional muster if the "racial imbalance . . . was the result of [the] wholly voluntary and unfettered choice of private individuals."47 In coming to this conclusion, the Court noted that evidence of discrimination is the key to determining unconstitutional segre- gation. 48 Thus, if a state-supported organization of voluntary association is seg- regated by choice, absent discrimination against any particular group, then that organization will satisfy the Brown standard. The Court further declined to ap- 37. The Supreme Court cases following Brown required states to eliminate all vestiges of dis- criminatory segregation. See, e.g., Goss v. Board of Educ., 373 U.S. 683, 687 (1963); Cooper v. Aaron, 358 U.S. 1, 7 (1958). 38. Brown v. Board of Educ., 349 U.S. 294, 300-01 (1955). 39. 478 U.S. 385 (1986). 40. See id. at 407. 41. See id. at 389. 42. Civil Rights Act of 1964, 42 U.S.C. § 2000 (1999). 43. See Bazemore, 478 U.S. at 390. 44. See id. at 391. After the unification of the two branches, salary and promotion disparities con- tinued to exist between the Extension Service's white and black personnel. See id. The black employees alleged that the Service "failed to recruit, hire, and assign blacks on an equal basis with whites; had de- nied blacks the same compensation, terms, conditions, and privileges as were provided to whites; had segregated blacks in work assignments; [and] had failed to establish selection standards sufficiently ob- jective to prevent discrimination in hiring and promotion; . . ." Id. at 393 n.3. 45. See id. at 391. Particularly, the black employees alleged that the Service violated the First, Fifth, and Fourteenth Amendments to the Constitution. See id. 46. Id. at 408. 47. Id. at 407 (affirming the district court's finding that the Extension Service did not violate the Constitution because the "Service has had a policy that all voluntary clubs be organized without regard to race and that each club certify that its membership is open to all persons regardless of race"). 48. See id. 2000] FORDICE—A HIGHER EDUCATION DILEMMA 553 ply the Green duty-to-integrate standard.49 Instead, the Court limited the Green standard to public elementary and secondary schools where children have no choice but to attend state-designated schools.50 While logic would indicate that the Bazemore standard would appropriately address public HBCUs ,—segregated by choice—the Supreme Court instead created a new standard and further confused the issue of constitutionality of public HBCUs. D. The Fordice Standard Instead of adopting what seemed to be a relevant standard in Bazemore, the Supreme Court, in 1992, opted to create a new standard to determine the con- stitutionality of public HBCUs. United States v. Fordice51 involved the question of whether a state can satisfy its duty to dismantle its prior dual-university sys- tem, set forth in Brown, by adopting and implementing race-neutral policies.52 According to the facts of Fordice, Mississippi operated eight separate pub- lic, postsecondary institutions.53 Four of the institutions, Mississippi State Un i- versity, Mississippi University for Women, University of Southern Mississippi, and Delta State University, were established post-Civil War, exclusively to edu- cate Mississippi's Anglo-American citizens.54 The other three institutions, A l- corn State University, Jackson State University, and Mississippi Valley State University, were established during the same period exclusively to educate the state's African-American citizens.55 More than thirty years after the Supreme Court ordered all states to desegregate their schools via the Brown decision, the Mississippi university system remained significantly segregated.56 There was no state requirement that the schools be segregated, so the schools arguably r e- mained segregated by choice.57 Under Bazemore's "freedom of choice," race-neutral standard, Mississippi's university system may have passed constitutional muster. However, the S u- preme Court adopted a new standard, somewhat reminiscent of the Green stan- dard, and held that race-neutral policies alone do not satisfy a state's affirmative duty to dismantle formerly segregated systems.58 Moreover, the Court noted that if a state university system has policies in force that can be traced to a dual, de jure system, and those policies have a discriminatory effect, they must be "re- 49. See id. at 408. 50. See id. 51. 505 U.S. 717 (1992). In Fordice, the Court refused to adopt Bazemore's "freedom of choice" standard to govern public HBCUs. Instead, the Court created a standard where "freedom of choice" alone is no longer sufficient to justify the continued maintenance of public HBCUs. See id. at 729. 52. See id. at 727-28. 53. See id. at 721-22. 54. See id. at 721. 55. See id. at 721-22. 56. See id. at 724-25. At the time of this suit, the predominately white universities averaged be- tween 80-91% white students while 71% of the state's black students went to the predominately black universities, where the make-up of the population was from 92-99% black. See id. at 725. 57. Mississippi argued that it had fulfilled the obligation to dismantle the segregated system by imposing race-neutral policies with regards to admissions, hiring, and general operations. See id. 58. See id. at 729. 554 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 formed to the extent practicable and consistent with sound educational prac- tices."59 The Court stated: If the State perpetuates policies and practices traceable to its prior system that continue to have segregative effects—whether by influencing student en- rollment decisions or by fostering segregation in other facets of the univer- sity system—and such policies are without sound educational justification and can be practicably eliminated, the State has not satisfied its burden of proving that it has dismantled its prior system. 60 The Fordice Court found that the Mississippi university system had "several surviving aspects" of a prior discriminatory segregated system.61 First, Missis- sippi's university system had discriminatory policies that restricted admission "in a way that perpetuate[d] segregation."62 Second, the programs at the respec- tive white and black institutions were "unnecessarily duplicated" in a way that fostered the unconstitutional "separate but equal" standard outlawed in Brown.63 Third, Mississippi's institutional mission classification limited the program scope of the black universities.64 Finally, maintaining eight educational institu- tions made Mississippi's university system appear to perpetuate segregation.65 Thus, Mississippi's system did not withstand constitutional scrutiny.66 Another very important aspect of the Fordice decision is the dicta regarding Mississippi's black institutions. The Court implied that by maintaining a r a- cially identifiable university, a state walks a narrow line that borders on uncon- stitutionality.67 Also, the Court noted that closing or merging one or more insti- tutions would remedy the discriminatory effects of the existing system.68 The ambiguous standard set forth in the Court's holding, coupled with various pos- sible interpretations of the Court's dicta, suggest that public HBCUs are uncon- stitutional and should be merged or closed to comply with the desegregation or- der mandated in Brown. 59. Id. 60. Id. at 731. 61. Id. at 732-33. 62. Id. at 734. I will refer to this aspect as Fordice's "admission standard." According to Missis- sippi's university admission policy, the predominately white institutions had a higher ACT admissions requirement than the predominately black institutions. Students scoring less than 15 on the ACT were excluded from attending the predominately white institutions and instead were only qualified to attend the black institutions. Moreover, in 1985, 72% of Mississippi's white high school seniors achieved high enough ACT scores to attend the white universities while less than 30% of the black students achieved such a score. Thus, a disproportionate number of black students were forced to attend predominately black postsecondary institutions. See id. 63. See id. at 738 (indicating that "34.6[%] of the 29 undergraduate programs at [Mississippi's] historically black institutions are 'unnecessarily duplicated' by the historically white universities, and . . . 90[%] of the graduate programs at the historically black institutions are unnecessarily duplicated"). 64. See id. at 741. I will refer to this aspect as Fordice's "mission standard." The Court found that "[Mississippi's] institutional mission designations . . . have as their antecedents . . . policies enacted to perpetuate racial separation . . . ." Id. at 740. 65. See id. at 742. 66. See id. at 732-33. 67. See id. at 743. 68. See id. at 742. 2000] FORDICE—A HIGHER EDUCATION DILEMMA 555 IV. POSSIBLE INTERPRETATIONS OF THE F ORDICE STANDARD A. Interpretations in Favor of Maintaining Public HBCUs What does the Fordice standard really mean? To date, only two jurisdictions have had the opportunity to interpret the ambiguous Fordice standard as it re- lates to the future role of HBCUs, and neither one directly addressed the issue.69 However, other interpretations have proven that there is a clear dichotomy in the way that the standard applies to these institutions. One interpretation favors the continued existence of public HBCUs, and the other interpretation indicates that the Fordice standard would require eliminating HBCUs. One of the interpretations favoring maintaining public HBCUs is proffered by the United States Department of Education.70 In 1994 the Department of Education (DOE) issued a Notice of Application of Supreme Court Decision, which announced its interpretation of Fordice as it relates to the continued ex- istence of public HBCUs.71 The DOE interpreted Fordice in a manner consis- tent with existing DOE regulations, requiring courts to use a broad range of factors to determine whether a state's policies perpetuate segregation.72 Under the guise of the Fordice standard, the Department confirmed its commitment to preserve public HBCUs. The notice provides that: States may not place unfair burdens upon black students and faculty in the desegregation process. Moreover, the Department's "Revised Criteria" rec- ognize that State systems of higher education may be required, in order to overcome the effects of past discrimination, to strengthen and enhance tradi- tionally or historically black institutions. The Department will strictly scruti- nize State proposals to close or merge traditionally or historically black in- stitutions, and any other actions that might impose undue burdens on black students, faculty, or administrators or diminish the unique roles of those in- stitutions.73 Although the DOE's interpretation of Fordice has a profound impact on the fu- ture existence of public HBCUs, its interpretation may hold little weight if HBCUs are deemed unconstitutional by the judiciary. Thus, to ensure the con- tinued existence of public HBCUs, there needs to be a judicial interpretation corresponding with the federal agency's interpretation; otherwise, opposing in- terpretations will call into question the stability of the HBCU. 69. See United States v. Louisiana, 9 F.3d 1159, 1164 (5th. Cir. 1993) (addressing the issue of the constitutionality of maintaining a dual, de jure public university system). Although Louisiana interpreted Fordice not to require the closing of its public HBCU, it was done so in dicta. The issue in the case was not whether public HBCUs are constitutional but, instead, whether its four-board system governing the institutions was unconstitutional. See id. at 1165; see also Knight v. Alabama, 14 F.3d 1534, 1540 (11th. Cir. 1994) (addressing the issues of maintaining dual missions, land grant funding, and curriculum). Like Louisiana, Knight failed to address the constitutionality of HBCUs under the Fordice standard. See id. 70. The United States Department of Education is a federal agency primarily responsible for en- forcing Title VI of the Civil Rights Act of 1964. Thus, the agency's interpretation has a profound impact on the continued existence of public HBCUs. 71. See Notice of Application of Supreme Court Decision, 59 Fed. Reg. 4271 (Dep't Educ. 1994). 72. See id. at 4272. 73. Id. 556 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 Another interpretation favoring HBCUs is Justice Thomas' concurrence in Fordice. 74 According to Justice Thomas, the majority's standard did not go so far as to compel the elimination of public HBCUs.75 Instead, Justice Thomas interpreted the Court's standard as allowing the maintenance of public HBCUs if they are consistent with "sound educational practices,"76 and they are educ a- tionally justifiable. 77 Justice Thomas argued that HBCUs are educationally justi- fiable and, thus, constitutionally acceptable because these institutions have "distinctive histories and traditions"78 and because they are "a symbol of the highest attainments of black culture."79 Justice Thomas further recognized that while a state could not "maintain such traditions by closing particular institu- tions," states are not necessarily foreclosed from "operat[ing] a diverse assort- ment of institutions—including historically black institutions—open to all on a race-neutral basis . . . ."80 Justice Thomas' argument, however, fails to recognize that others may u n- derstand and apply the Fordice standard in a different manner. Justice Thomas notes that no one would likely argue that HBCUs lack "'sound educational jus- tification.'"81 Nevertheless, as discussed below, there are prominent legal argu- ments against the educational justification for public HBCUs. B. Interpretations Against Maintaining Public HBCUs Judge Constance Baker Motley presented a compelling interpretation of the Fordice standard that would require eliminating public HBCUs.82 Like Justice Thomas' concurrence, Judge Motley's interpretation of the standard focuses on the Supreme Court's statement, "consistent with sound educational practices."83 Also, Judge Motley agrees that the proper interpretation of Fordice requires that HBCUs be educationally justifiable to pass constitutional muster.84 Judge Mot- ley departs from Justice Thomas' view, however, in that she interprets Fordice to indicate that public HBCUs are no longer educationally justifiable and, there- fore, should be merged with traditionally white institutions or closed alto- gether.85 74. See United States v. Fordice, 505 U.S. 717, 745 (1992) (Thomas, J., concurring). Justice Tho- mas states in his concurrence that he does not understand the majority opinion in Fordice to forbid a state from maintaining public HBCUs. See id. at 749 ("It would be ironic . . . if the institutions that sustained blacks during segregation were themselves destroyed in an effort to combat its vestiges."). 75. See id. at 749. 76. Id. at 747 (quoting the majority, with emphasis). 77. See id. 78. Id. at 748. 79. Id. (quoting J. P REER, LAWYERS V. EDUCATORS: BLACK COLLEGES AND DESEGREGATION IN PUBLIC HIGHER EDUCATION 2 (1982)). 80. Id. at 748-49. 81. Id. 82. See JUDGE CONSTANCE B. M OTLEY, EQUAL JUSTICE UNDER THE LAW : AN AUTOBIOGRAPHY 25 (1998). 83. Id. at 191, 238. 84. See id. Judge Motley acknowledges that "[a]fter Fordice, . . . Southern states may not act on the . . . desire . . . to . . . preserve black colleges that were set up under Jim Crow; unless such continua- tion is 'educationally justifiable.'" Id. at 238. 85. See id. at 238-39. 2000] FORDICE—A HIGHER EDUCATION DILEMMA 557 In contrast to Justice Thomas, Judge Motley's position declines to recognize the distinctive histories and traditions of public HBCUs as an educational justi- fication. Instead, she argued that complete diversification is the proper standard and that "[s]tate segregated black colleges bear the same stigma as the Jim Crow railroad car or the back of the bus [and] that era [,she believes,] is gone with the wind."86 Furthermore, Judge Motley argues that in conjunction with the Fordice standard it would be "utterly confusing" to allow public HBCUs to re- main open for educationally sound reasons.87 Instead, Judge Motley argues that a better interpretation of Brown and its progeny would require integrating all black public colleges, to ensure white attendance, and thus promote desegrega- tion.88 Based on Judge Motley's argument and interpretation of Fordice, public HBCUs do not fit within the Court's constitutional framework. This interpreta- tion, however, directly opposes the DOE's interpretation and the desires of many public HBCU supporters. Did the Supreme Court really intend to dis- mantle public HBCUs as Judge Motley's interpretation suggests? This lingering question, based on the ambiguity of the Fordice standard, is what Justice Scalia feared in his Fordice dissent. Justice Scalia's interpretation of the Fordice majority opinion convincingly illustrates the inherent ambiguity in the Fordice standard. According to Justice Scalia, the Fordice standard's ambiguity poses a dilemma to future judicial i - n terpretations.89 Justice Scalia's interpretation of the standard requires states to prove that HBCUs are not the consequence of prior de jure regimes or, if they are, they must be educationally justifiable. 90 This standard, according to Justice Scalia, would be impossible to overcome since all HBCUs were established during an era when dual systems were the norm.91 Moreover, under Justice Scalia's interpretation of the majority's standard, the only way that a state could disprove that it perpetuates existing racial identi- fiability within its university system would be to eliminate segregation by e n- suring racial proportionality. 92 In addition, Justice Scalia did not envision how, under the Fordice majority's standard, any public HBCU could be education- ally justifiable. 93 According to Justice Scalia, the only educational value a pub- lic HBCU could offer would be to foster "schools in which blacks receive their education in a 'majority' setting; but to acknowledge that as a 'value' would contradict the compulsory-integration philosophy that underlies [Brown and its progeny]."94 Thus, the Court's standard, according to Justice Scalia, will ulti- mately eliminate public HBCUs, a result that ironically opposes the very reason Fordice was brought in the first place.95 86. Id. at 239. 87. Id. at 240. 88. See id. 89. See United States v. Fordice, 505 U.S. 717, 753 (1992) (Scalia, J., dissenting). 90. See id. 91. See id. 92. See id. 93. See id. at 759. 94. Id. at 759-60. 95. See id. at 760. 558 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 Justice Scalia argued that the elimination of public HBCUs is not mandated by the Constitution, and that elimination would do a disservice to those students who choose to attend such institutions.96 Justice Scalia argued that Supreme Court precedent does not compel eliminating such institutions and that, ideally, the Bazemore standard should determine the constitutionality of HBCUs.97 Based on public policy and the rationale behind Brown and its progeny, I agree. The Fordice majority opinion exposed the viability of public HBCUs to detrimental interpretations. To eliminate all ambiguity regarding this issue and to avoid any further confusion, the Supreme Court should adopt the Bazemore freedom of choice standard as the standard to govern public HBCUs. V. B AZEMORE : THE BETTER STANDARD The better standard to govern the existence of public HBCUs is the Bazemore "freedom of choice" standard. Unlike the ambiguous Fordice stan- dard, the Bazemore standard clearly provides the best solution regarding the existence of public HBCUs. Moreover, the Bazemore standard is consistent with Brown and its progeny. The Fordice standard inappropriately distinguished the Green standard from the Bazemore standard. As applied, the two standards, in fact, constitute a sin- gle, unitary standard. They are the same standard as set forth in Brown and its progeny, which prohibits states from engaging in discriminatory segregation. The only distinguishing factor between Bazemore and Green is that in Green, "freedom of choice" was not really "freedom of choice" because the elementary and secondary school students in Green did not have a choice but to attend school. In postsecondary education, however, students have the choice to attend school. Moreover, the Green Court did not hold the "freedom of choice" stan- dard itself unconstitutional. 98 The Court held that states could not satisfy their constitutional obligation to eliminate discriminatory segregation by simply adopting "freedom of choice" policies.99 Thus, even under Green, "freedom of choice" policies should satisfy constitutional scrutiny if such policies do not perpetuate racial discrimination. The problem, however, as it applies to public HBCUs, is that these institu- tions were founded for the purpose of promoting discriminatory segregation.100 Therefore, one could argue that "freedom of choice" policies could never justify maintaining public HBCUs because the existence of these institutions will a l- ways perpetuate racial discrimination. This argument, however, misconstrues the true meaning of discrimination. In my opinion, discrimination, in the con- text of this Note, occurs when an individual does not have the "true" opportu- nity to choose which particular institution he/she wants to attend. As Justice Thomas correctly notes, African Americans are attracted by distinctive history 96. See id. According to Justice Scalia, "to deny [the student] the right to attend the institution of his choice, he is done a severe disservice by remedies which, in seeking to maximize integration, min i- mize diversity and vitiate his choices." Id. (quoting Ayers v. Allain, 914 F.2d 676, 687 (5th Cir. 1990)). 97. See Fordice, 505 U.S. at 761-62. 98. Green v. County School Bd. of Kent County, 391 U.S. 430, 439 (1968). 99. See id. at 440. 100. See Barton, supra note 14. 2000] FORDICE—A HIGHER EDUCATION DILEMMA 559 and tradition associated with HBCUs that transcends the discriminatory origins of many HBCUs. The only standard that accurately addresses this opportunity is the Bazemore standard. Accordingly, the Bazemore standard is the better standard for three reasons. First, the Bazemore standard provides the same solution to the problem pre- sented in Fordice. The Supreme Court did not have to create a new standard. Second, the Bazemore standard best comports with the rationale underlying Brown and its progeny. Finally, and perhaps most important, eliminating public HBCUs would be counter-productive and detrimental to those who stand to benefit from the many positive aspects offered by HBCUs. Thus, courts should not adhere to the vague Fordice standard since this standard could potentially eliminate such institutions. First, the Supreme Court did not have to create a new standard to satisfy the de jure segregation problems at issue in Fordice. As previously noted, the problem with Mississippi's university system, in Fordice, was that the system continued to maintain policies and practices that utilized ACT test scores to re- strict African Americans' choices regarding which universities to attend.101 Therefore, the state's policies discriminated against African Americans. To ad- dress this concern, the Supreme Court could have used the Bazemore standard and reached the same conclusion without conflating the issue regarding the con- stitutionality of public HBCUs. The primary component underlying the Bazemore standard was evidence of discrimination as determinative of unconstitutional segregation. Thus, if a state- supported organization is segregated by choice but does not discriminate against any particular group, then it will satisfy the Court's Brown standard. In the al- ternative, if the state has discriminatory policies perpetuating segregation, then those policies would not satisfy Brown and, therefore, would be unconstitu- tional. Accordingly, since, in Fordice, the Mississippi university system's poli- cies and practices discriminated against African Americans in a way that per- petuated segregation, under the more appropriate Bazemore standard, those policies would be unconstitutional. This is precisely the same result as was achieved under the Fordice standard.102 Second, Brown and its progeny stood for the same proposition mentioned above: that discriminatory segregation is unconstitutional. Moreover, Brown comports with adopting the Bazemore standard over the Fordice standard. The Brown Court intended to provide an end to discriminatory segregation, thus providing African Americans with the opportunity to attend their choice of schools. Moreover, Brown attempted to ensure that African Americans did not receive an inferior education. Under the Fordice standard, however, a poten- tially paradoxical situation arises. The Fordice standard suggests that public HBCUs should be eliminated.103 Yet, eliminating these institutions would di- minish the very choice that Brown provided. 101. See Fordice, 505 U.S. at 734. The policies and practices of Mississippi's system did not dis- criminate against Anglo-Americans because they were free to attend any of the eight Mississippi univer- sities. See id; see also supra Part III.D. 102. See Fordice, 505 U.S. at 729. 103. See Ware, supra note 4, at 672. 560 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 Third, the power structure within America's capitalistic setting continues to be dominated by Anglo-Americans. The only way that African Americans and other minorities can overcome this hurdle is if they enjoy equal opportunity to obtain the requisite knowledge from a postsecondary institution. Unfortunately, due to decades of past discrimination against African Americans, many blacks still require the nurturing environment and social benefits that public HBCUs provide. 104 Moreover, statistics show that eliminating these institutions will greatly decrease the pool of available educated African Americans that is neces- sary to replenish and diversify today's professional workforce.105 Thus, elim i- nating these institutions would further perpetuate the discriminatory segregation of America's workforce. In accordance with Justice Thomas' concurrence,106 the continued success of public HBCU graduates demands that these institutions flourish.107 Moreo- ver, the DOE recognizes the importance of maintaining these institutions. VI. CIRCUMVENTING THE NEGATIVE INTERPRETATIONS For the reasons stated above, the Bazemore standard should supplant the Fordice standard with regards to public HBCUs. However, since Fordice failed to directly address these institutions, lower courts have the power to interpret Fordice in a manner that may negatively impact HBCU status by forcing them to either merge with existing majority institutions, or close.108 Accordingly, public HBCUs should protect themselves by circumventing possible negative interpretations. State university systems with public HBCUs can protect themselves against the effects of negative interpretations of Fordice in one of two ways. They can either require their public HBCUs to implement a diversification policy and ac- tively increase recruitment efforts to attract non-African American students, or they can restructure their university system into a tier system and rank the mis- sions of their universities so that their universities do not perpetuate a dual sys- tem. Both methods would circumvent any possible negative effects of Fordice, however, both alternatives have advantages and disadvantages. For the reasons stated below, the former protective measure would be more beneficial than the latter. Currently, both methods have been explored and are being implemented in various states.109 104. Private HBCUs also provide the same nurturing environment and social benefits; however, since the schools are private, tuition is often considerably more expensive, which diminishes the oppor- tunity for many blacks to attend. 105. See S. HILL , NATIONAL CENTER FOR EDUCATION STATISTICS, THE TRADITIONALLY BLACK I NSTITUTIONS OF HIGHER EDUCATION 1860 TO 1982, xiv-xv (1985). 106. See Fordice, 505 U.S. at 748 (Thomas, J., concurring). 107. Between 1954 and 1982, enrollment at HBCUs increased from 70,000 students to 200,000 st u- dents and the number of degrees awarded at these institutions increased from 13,000 to 32,000. See HILL, supra note 105, at xiv-xv. 108. See Fordice, 505 U.S. at 752 (Scalia, J., dissenting). 109. Tennessee uses a court-mandated diversification policy at the public HBCU, Tennessee State University (TSU), and Florida has a university system that categorizes its public HBCU, Florida Agri- cultural and Mechanical University (FAMU), in a separate tier than Florida State University (FSU), a public majority institution located in the same city. See Chaka M. Patterson, Desegregation as a Two- Way Street: The Aftermath of United States v. Fordice, 42 CLEV. ST. L. REV. 377, 431 (1994). In 1979, 2000] FORDICE—A HIGHER EDUCATION DILEMMA 561 A. Diversification One way HBCUs can circumvent negative interpretations of Fordice and ensure their viability is to diversify110 and actively increase enrollment of non- African American students.111 According to Justice Scalia and Judge Motley, Fordice requires public HBCUs to be "educationally justifiable," a standard that these institutions arguably cannot meet because they infringe upon the integra- tion philosophy underlying Brown and its progeny.112 Therefore, to comply with Fordice, Justice Scalia and Judge Motley argue that public HBCUs should be merged with majority institutions or closed.113 Public HBCUs, however, can continue to exist as such and still meet the "educationally justifiable" standard set forth in Fordice. The key is moderate diversification—actively increasing non-African-American student enrollment while maintaining a significant percentage of African-American students.114 Using moderate diversification policies, public HBCUs could continue to play a significant role in educating African Americans, satisfy the Fordice standard by discontinuing policies perpetuating racial identifiability, and satisfy the integra- tion philosophy underlying Brown. For example, one HBCU that has such a policy is Tennessee State University (TSU). TSU has implemented a diversifi- cation policy to actively attract non-African American students and faculty.115 With this diversification policy, TSU currently has a student body and faculty composition comprised of a significant percentage of Anglo-Americans.116 Al- though TSU actively recruits non-African American students, it is still consid- ered an HBCU and continues to educate a significant number of African Ameri- cans. In support of the diversification argument, proponents claim several advan- tages to diversifying public HBCUs. First, some argue that increasing the num- ber of white students at public HBCUs will diminish negative criticism of these institutions because white students will experience the beneficial aspects of public HBCUs.117 Others argue that white students at predominately black col- TSU was ordered to merge with the Nashville campus of the University of Tennessee in an effort to in- crease racial diversity at TSU. See Grier v. University of Tennessee, 597 F.2d 1056, 1064 (6th Cir. 1979). Currently, TSU has a significant population of Anglo-American students and faculty. See Patter- son, supra . 110. According to Patrick Hill, a leading author on the subject of diversity in educational settings, a diverse university is one where "a spirit of civility and mutual respect abounds, when all groups feel equally well-placed and secure within the community because all participate in that spirit." SIMS, supra note 2, at 2 (quoting Hill). 111. Proponents of educational diversification believe that the success of HBCUs is dependent upon these universities' strong commitment to diversify. See id. at 12. 112. See JUDGE MOTLEY, supra note 82, at 238-39; see also Fordice, 505 U.S. at 753-54 (Scalia, J., dissenting). 113. See id. 114. Charles V. Willie, author of Black Colleges Should Recruit More White Students, suggests that the foundations that supported increased enrollment of African Americans at predominately white schools during the 1960s should be the same foundations that support the increased enrollment of Anglo- Americans at predominately black schools today. Charles V. Willie, Black Colleges Should Recruit More White Students, THE CHRON . HIGHER EDUC., March 13, 1991, at A48. 115. See Patterson, supra note 109, at 431 and accompanying text. 116. See id. 117. See SIMS, supra note 2, at 27. 562 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 leges, especially white males, develop stronger, positive self-concepts because they are forced to learn the value of "earning the approval of others."118 Finally, proponents have argued that diversity at these institutions may increase interra- cial harmony between white and black students.119 Conversely, those in favor of maintaining an African-American majority at public HBCUs propose that diversification at HBCUs has disadvantages as well. For example, some argue that a predominately black student body allows African-American students the opportunity to discover and understand certain race-specific social and political issues.120 Furthermore, HBCUs may be consid- ered less important to white students because white students do not necessarily share the same social and political concerns as black students. Black students, therefore, may be better served if they are allowed to attend predominately black institutions.121 Another argument against diversifying public HBCUs is that in doing so, African-American culture may be lost.122 According to this ar- gument, HBCUs traditionally guard African-American culture and history and would, therefore, "be handicapped in continuing this tradition if white minori- ties are allowed to alter their cultural heritage in any way."123 Moderate diversification of public HBCUs would not prevent black students at these institutions from understanding and addressing their particular social and political issues, nor would it disturb the cultural history of these institu- tions. Moreover, because of the possible detrimental effects that a negative in- terpretation of Fordice could have on public HBCUs, and because HBCUs can be diverse and continue to maintain and promote African-American history and tradition, the benefits of diversification outweigh the disadvantages. B. The Tier System Another way public HBCUs can circumvent disfavorable interpretations of Fordice is for the state in which the HBCU is located to restructure its univer- sity system in a manner that eliminates the dual system. Public HBCUs exist because of the prior de jure segregated system enunciated in Plessy v. Ferguson. 124 Due to Plessy's "separate but equal" standard, most public HBCUs are structured in a manner similar to Mississippi's in Fordice. For example, most public HBCUs are located in close proximity to and have duplicate, or "dual," education programs as offered by a nearby, majority institution. There- fore, as Justice Scalia argued, it is nearly impossible for public HBCUs to a d- 118. Id. A 1978 study of white students at public HBCUs revealed that, "[a]fter being a minority on black campuses, whites saw themselves differently. They began to understand how others perceived them and their way of life." Id. 119. See id. The 1978 study also showed that whites attending public HBCUs are less likely to be racially prejudiced against blacks and that these students are more aware of current race relations. See id. at 27-28. "Additionally, 75[%] to 80[%] of [white students attending HBCUs] said that their education had heightened their appreciation of different ways of life and caused them to be more concerned about equal opportunity for all . . . ." Id. at 28. 120. See id. at 29. 121. See id. 122. See id. 123. Id. at 30. 124. 163 U.S. 537, 551 (1896). 2000] FORDICE—A HIGHER EDUCATION DILEMMA 563 here to Fordice's "unnecessary duplication" standard125 and establish that they do not have a dual, segregated system because that is precisely why these HBCUs were originally founded.126 There is, however, one way that states operating public HBCUs can elude Fordice's "unnecessary duplication" standard. States can restructure their uni- versity system so that public HBCUs do not have the same mission or educ a- tional programs as majority institutions located nearby. Florida, for example, has such a system. Prior to Fordice, FAMU, an HBCU and FSU, a majority in- stitution, located in the same city, arguably had unnecessary, duplicate missions and educational programs. The primary difference was that one institution had a predominately white student body and the other a predominately black student body. After Fordice, however, the Florida Board of Regents restructured Flor- ida's university system so that FAMU now offers different educational pro- grams and has a different mission than FSU. 127 Although, implementing a tier system similar to that in Florida may circum- vent disfavorable interpretations of Fordice, HBCUs may still face potential problems using this option. First, if states adopt a tier/mission classification re- gime they run the risk of violating Fordice's "mission standard."128 States may, however, avoid this problem if they can show that their particular classification regime does not perpetuate segregation.129 Second, public HBCUs operating within a tier/mission classification framework will never have the opportunity to compete with their predominately white counterpart because the public HBCU and the majority institution will, by virtue of the tier system itself, never be similarly classified. In Florida, for example, FAMU will always be in a lower tier than FSU; if it were to ever move into the same tier the problem of violating Fordice's "unnecessary duplication" standard would necessarily resur- face. Therefore, since restructuring public HBCUs using a classification regime imposes detrimental disadvantages to these institutions, moderate diversific a- tion is the better option and, further, avoids possible ramifications of violating Fordice under disfavorable interpretations of the Fordice standard. VII. CONCLUSION In deciding Brown and its progeny, the Court sought to prohibit states from discriminating against African Americans and to ensure that students could at- tend the school(s) of their choice; many African Americans have chosen to at- tend public HBCUs. Now, however, some twenty-eight years later, the Supreme Court, in Fordice, has attacked the viability of public HBCUs and, arguably, 125. See supra text accompanying note 63. 126. See United States v. Fordice, 505 U.S. 717, 749 (Scalia, J., dissenting in part, concurring in part). 127. FAMU is now a "Comprehensive" university while FSU is now a "Research" university. See FLORIDA BOARD OF REGENTS, 1998-2003 STRATEGIC P LAN 2 (Nov. 1998). Also, it is only alleged that the Board of Regents structured the two universities this way in an effort to prevent negative interpret a- tions of Fordice. 128. See supra text accompanying note 64. 129. The Fordice majority did not say that mission classifications were, themselves, unconstit u- tional; the problem with Mississippi's classification regime in Fordice was that it was found to perpet u- ate discriminatory segregation. See Fordice, 505 U.S. at 740-741. 564 FLORIDA STATE UNIVERSITY LAW REVIEW [Vol. 27:547 has left room for implementing a standard that would ultimately eliminate the very choice Brown and its progeny provided—the choice for African Americans to attend public HBCUs. This decision seems to directly contradict the Court's intentions, as set forth in 1954.130 Brown was intended to ensure that blacks were afforded the opportunity to attend the school of their choice. Should it matter if their choice happens to be a predominantly black institution? In contrast to Fordice, the better standard to determine the viability of public HBCUs is the Bazemore "freedom of choice" standard. Nevertheless, in the wake of the Fordice decision, public HBCUs must take preventive measures to ensure their existence. The best way to accomplish this is through diversific a- tion. The continued existence of HBCU[s] does not constitute a threat to racial equality because these colleges and universities are open to members of all racial and ethnic groups. Just as with other specialized institutions, such as religious colleges and women's colleges, HBCU[s] provide a choice for those seeking educational environments that are consistent with their per- sonal values and experiences. So long as these institutions are open to all ap- plicants, they enhance equality and expand opportunities for blacks without restricting the options of others.131 130. See Brown v. Board of Education, 347 U.S. 483, 495 (1954). 131. See SIMS, supra note 2, at 12.
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language: | English |
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Dolphins Promote FS Anderson Russell To 53-Man Roster
The Miami Dolphins filled the empty roster spot Saturday evening by promoting practice squad safety Anderson Russell to the 53-man roster.
Russell, who has been on the Dolphins' practice squad since the 2011 season, could be on the active roster for Sunday's 1 p.m. game against the Indianapolis Colts. Head coach Joe Philbin must decide if it is best to start an injured Ryan Tannehill, allowing the rookie to play with a bruised left knee, or go with a healthy Matt Moore, his backup. Philbin and Miami's coaches will discuss the issue Saturday evening and come to a consensus based on what they've seen this week in practice from Tannehill. The Dolphins could also find themselves playing without leading receiver Brian Hartline (groin) and defensive tackle Tony McDaniel (right knee sprain). Source: Sun-Sentinel
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Random Exclusively Quotes
I try to learn from the past, but I plan for the future by focusing exclusively on the present. That's were the fun is.
Donald Trump
Any psychology of sign systems will be part of social psychology - that is to say, will be exclusively social; it will involve the same psychology as is applicable in the case of languages.
Ferdinand de Saussure
Exclusively of the abstract sciences, the largest and worthiest portion of our knowledge consists of aphorisms: and the greatest and best of men is but an aphorism.
Samuel Taylor Coleridge
Those who believe that they are exclusively in the right are generally those who achieve something.
Aldous Huxley


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How Indiegogo is Giving Back This Tuesday
Echo it commented about 7 hours ago
imok2day commented 1 day ago
Matty Cardarople commented 1 day ago
This site exists to help pet owners who lost their pets as a result of the May 20 tornadoes in Moore, Shawnee, Carney and Bethel Acres, Oklahoma. This is your virtual "bulletin board." Instead of dozens of Facebook pages, this is the OFFICIAL SITE for the City of Oklahoma City and the City of Moore.
Great job truly, a way of reconnecting lost pets with their family members. We here at Onevio fully support this and hopefully will it not only save lives, but help build longer relationships with their pets. Great initiative!


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There's a report making the rounds online that Blender Magazine spoke with Lady GaGa to get her thoughts on Christina Aguilera's performance at the 2008 Video Music Awards over the weekend, which prompted some to say Aguilera was imitating her look. "A lot of people have been saying that she is copying my style with her new song," GaGa supposedly remarked. "I guess it bares somewhat of a resemblance but I wouldn't say she is copying me. This type of dance music is becoming more popular and I don't blame her for wanting to make and perform it. Her performance was great and {'Keeps Gettin Better'} is a hot track." The only problem, the story isn't at Blender.com, and obviously it's not in the magazine, appearing last night on Wikipedia without an attribution link. It is likely this was posted by an Aguilera fan in an effort to blunt the copying criticism.
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