PT  - JOURNAL ARTICLE
AU  - Shai Stern
TI  - “Separate, Therefore Equal”: American Spatial Segregation from Jim Crow to Kiryas Joel
AID  - 10.7758/RSF.2021.7.1.05
DP  - 2021 Feb 01
TA  - RSF: The Russell Sage Foundation Journal of the Social Sciences
PG  - 67--90
VI  - 7
IP  - 1
4099  - http://www.rsfjournal.org/content/7/1/67.short
4100  - http://www.rsfjournal.org/content/7/1/67.full
AB  - In rejecting Plessy v. Ferguson’s “separate but equal” doctrine in Brown v. Board of Education, the U.S. Supreme Court created a presumption that segregation equals discrimination. However, alongside this assertion, American space has become increasingly separate. A socio-legal analysis identifies three generations of spatial segregation in the United States and calls for recognizing the fourth generation—separate, therefore equal—in which minority communities require voluntary self-segregation to achieve equality. This fourth generation of spatial separation requires the law to embrace a protective role, by which it will defend the ability of minority communities to segregate spatially, the autonomy of individual community members, and the welfare of the society at large.