The Lawfulness of the Segregation Decisions, 69 YALE L.J. 421 (1960)
If the cases outlawing segregation were wrongly decided, then they ought
to be overruled. One can go further: if dominant professional opinion ever
forms and settles on the belief that they were wrongly decided, then they will
be overruled, slowly or all at once, openly or silently. The insignificant error,
however palpable, can stand, because the convenience of settlement outweighs
the discomfort of error. But the hugely consequential error cannot stand and
does not stand.
Date of Authorship for this Version
Black, Charles L. Jr., "The Lawfulness of the Segregation Decisions" (1960). Faculty Scholarship Series. Paper 2586.