Kevin D. Brown

Kevin D. Brown

Richard S. Melvin Professor of Law

  • B.S., Indiana University 1978
  • J.D., Yale University 1982
  • Director of the Hudson & Holland Scholars Program (2004-2008)
  • Founder and Director of the Indiana University Summer in Ghana Program (2002-2008)
  • Fulbright Lecturer in India from December (1996-1997)
  • Member of the Indiana Uniform Law State Commissioners from (1989-1995)
  • Member of the Yale Journal of World Public Order (1981-1982)

Professor Brown was the director of the Hudson & Holland Scholars Programs from August 2004 to August 2008. He has also been on the faculty of the law school since 1987. Brown is a 1978 graduate with distinction from the Kelley School of Business, where he majored in accounting. He graduated from Yale Law School in 1982. After law school, he spent four and a half years working as an associate attorney for the Indianapolis law firm of Baker & Daniels.

Brown joined the faculty of the Indiana University Maurer School of Law when he left Baker & Daniels. He teaches law and education; race, American society, and the law; torts, and criminal law. Brown has been a visiting professor at the University of Texas School of Law, University of Alabama School of Law, and University of San Diego School of Law. He has been affiliated with universities on four different continents, including the National Law School of India University in Bangalore, India; the Indian Law Institute in New Delhi, India; the Law Faculty of the University of Cape Town in Cape Town, South Africa; and the University of Central America in Managua, Nicaragua. In the spring of 2014, Brown taught in London as part of the London Law Consortium Program.

Brown has published nearly sixty articles or comments on issues related to race, law and education. In 2005 his book, Race, Law and Education in the Post Desegregation Era, was published by Carolina Academic Press. His current book, Because of Our Success: The Changing Racial and Ethnic Ancestry of Blacks on Affirmative Action was published in November of 2014 by Carolina Academic Press. Brown has one of the original participants and founders of both the Critical Race Theory Workshop and the People of Color Conference. Brown has also spoken on issues of race, law and education on over 100 occasions, including at the annual Convention of the NAACP, the Congressional Black Caucus Braintrust Meetings, the National Bar Association, the American Bar Association and the Justices of the Indiana Supreme Court, and at several leading law schools including Harvard, NYU, Virginia, Duke, Cornell, Northwestern, UCLA and Texas.

Brown is also the founder of the Indiana University Maurer School of Law Summer in Southern Africa Program, which sent a dozen law students to spend a month in Soweto, Maputo, or Western Kenya from 1998 to 2001.  He is also the founder of the Hudson & Holland Summer in Ghana Program. This program has sent almost 200 Indiana University — Bloomington students on a four week journey through the Republic of Ghana since its inception in 2002.

Selected Works


RACE, LAW AND EDUCATION IN THE POST-DESEGREGATION ERA:  Four Perspectives On Desegregation And Resegregation (2005 Carolina Academic Press).

Book Chapters:

“The Rise and Fall of One-Drop Rule” in COLOR MATTERS:  SKIN TONE BIASES & THE MYTH OF A POST-RACIAL AMERICA (Kimberly Jade Norwood ed. 2013).

“The History and Conceptual Elements Of Critical Race Theory” in THE HANDBOOK OF CRITICAL RACE THEORY IN EDUCATION (eds. Marvin Lynn and Adrienne Dixson, 2013).

“Diversity and the African-American Experience in America with Racial Subordination in the United States: Lessons for Dalits in India” in THE BANGALORE INITIATIVE (S. Japhet ed. 2006).

“Comparison of Affirmative Action in the United States to the Reservation System in India” in MODERN PERSONAL LAW IN INDIA (Gerald Larson ed. 2001).

"Do African-American Males Need Race and Gender Segregated Education?:  An Educator's Perspective and a Legal Perspective" in THE NEW POLITICS OF RACE AND GENDER (1993).


Brown v. Board of Education: Reexamination of the Desegregation of Public Education From the Perspective of the Post-Desegregation Era, 35 TOLEDO L. REV. 773 (2004) part of symposium issue entitled “Celebrating Fiftieth Anniversary of the Meaning and Legacy of Brown v Board of Education."

Reexamination of the Benefit of School Vouchers for African-American Students in a Post-Desegregation Era, 36 IND. L. REV. 477 (2003).

The Constitutionality of Racial Classifications in Public School Admission, 29 HOFSTRA L. REV. 1 (2000).

Globalization and Cultural Conflict: The South African Example, 7 IND. J. GLOBAL LEGAL STUD. 225 (1999) part of the symposium issue entitled “Globalization at the Margins.”

The Implications of the Equal Protection Clause for the Mandatory Integration of Public School Students, 29 CONN. L. REV. 999 (1997).

The Dilemma of Legal Discourse For Public Educational Responses That Focus on African-American Males 23 CAP. U.L. REV. 63 (1995) part of the symposium issue on the “Impact of the Judicial System on the Status of African-American Males.”

Do African-Americans Need Immersion Schools?:  The Paradoxes Created by the Conceptualization by Law of Race and Public Education, 78 IOWA L. REV. 813 (1993);  An edited version of this article appears in CRITICAL RACE THEORY:  THE CUTTING EDGE (ed. Richard Delgado) and RACE, CIVIL RIGHTS, AND AMERICAN LAW: A MULTIRACIAL APPROACH (eds. Timothy Davis, Kevin R. Johnson, & George A. Martinez, 2001).

Recent Developments Regarding the Termination of School Desegregation Decrees, 26 IND. L. REV. 867 (1993).

The Legal Rhetorical Structure For the Conversion of Desegregation Lawsuits to Quality Education Lawsuits, 42 EMORY L.J. 791 (1993) part of the symposium issue of the "Randolph W. Thrower Symposium on Desegregation Law:  The Changing Vision of Equality in Education."

Has the Supreme Court Allowed the Cure for De Jure Segregation to Replicate the Disease?,  78 Cornell L. REV. 1 (1992); An edited version of this article is to appear in READINGS IN RACE AND LAW: A GUIDE TO CRITICAL RACE THEORY (ed. Alex M. Johnson).

Termination of Public School Desegregation: Unitary Status as the Elimination of Invidious Value Inculcation, 58 GEO. WASH. L. REV. 1105 (1990).

African American Disproportionality in School Discipline: The Divide Between Best Evidence and Legal Remedy(with Russell J. Skiba & Suzanne E. Eckes), 54 N.Y.L. SCH. L. REV. 1071 (2009-2010).

Can Public International Boarding Schools in Ghana be the Next Educational Reform Movement for Urban Minority Public School Students?, 19 TEMP. POL. & CIV. RTS. L. REV. 91 (2009). [HeinOnline]

Change in Racial and Ethnic Classification is Here: Proposal to Address Race and Ethnic Ancestry of Blacks for Affirmative Action Admission Purposes, 31 HAMLINE J. PUB. L. & POL'Y 143 (2009).

Now is the Appropriate Time For Selective Higher Education Programs to Collect Racial and Ethnic Data on Its Black Applicants and Students, 34 T. MARSHALL L. REV. 287 (2009). [HeinOnline]

Affirmative Action, in THE OXFORD ENCYCLOPEDIA OF THE MODERN WORLD VOL. 1 (Peter N. Stearns, Ed.). New York: Oxford University Press, 2008.

Demise of the Talented Tenth: Affirmative Action and the Increasing Underrepresentation of Ascendant Blacks at Selective Higher Educational Institutions (with Jeannine Bell), 69 OHIO STATE L.J. 1229 (2008). [HeinOnline]

Introduction to Symposium: Race Across Boundaries, 24 HARVARD BLACKLETTER L.J. 1 (2008).

Lessons Learned from Comparing the Application of Constitutional Law and Federal Anti-Discrimination Law to African-Americans in the U.S. and Dalits in India in the Context of Higher Education (with Vinay Sitapati), 24 HARVARD BLACKLETTER L.J. 3 (2008).

Milliken v. Bradley, 418 U.S. 717 (1974), in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (David S. Tanenhaus et al., Eds.) Detroit: Macmillan Reference, 2008.

Milliken v. Bradley (Milliken II) 433 U.S. 267 (1977), in ENCYCLOPEDIA OF THE SUPREME COURT OF THE UNITED STATES (David S. Tanenhaus et al., Eds.) Detroit: Macmillan Reference, 2008.

Reflections on Justice Kennedy's Opinion in Parents Involved: Why Fifty Years of Experience Shows Kennedy Was Right, 59 S.C. L. REV. 735 (2008).

Book Review. Robert L. Carter, A Matter of Law: A Memoir of Struggle in the Cause of Equal Rights, 31 VT. LAW REVIEW 925 (2007).


A Tribute to Chief Justice Randall Shepard, 48 VAL. U.L. REV.  585 (2014).

Redefining the Black Face of Affirmative Action:  The Impact of Ascendant Black Women in INSTITUTE FOR INCLUSION IN THE LEGAL PROFESSION REVIEW 2012: THE STATE OF DIVERSITY AND INCLUSION IN THE LEGAL PROFESSION 148-160 (2013).

This is a Time for Hope and Change, 87 IND. L.J. 431 (2012).

Perspective and Point of View on Affirmative Action:  A Response to Brilliant Disguise:  An Empirical Analysis of a Social Experiment Banning Affirmative Action by Deirdre Bowen, 85 IND L.J. 1303 (2010).

It’s More than Checking a Box, 25 WINDS OF CHANGE 19 (2010) (co-authored with Joseph Stahlman).

Change in Racial and Ethic Classifications Is Here: Proposal to Address Race and Ethnic Ancestry of Blacks for Affirmative Action Admissions Purposes, 31 HAMLINE J. PUB. L. & POL'Y 143 (2009).
Foreword: President Barack Obama Law & Policy Symposium 35 T. MARSHALL L. REV. 1 (2009).

Reflections on Justice Kennedy’s Opinion in Parents Involved:  Why Fifty Years of Experience Shows Kennedy Was Right 59 S.C. L. REV. 735 (2008).

Introduction to Symposium: Race Across Boundaries, 24 HARVARD BLACKLETTER L.J. 1 (2008).

After Grutter v. Bollinger: Revisiting the Desegregation Era from the Perspective of the Post-Desegregation Era, 21 CONST. COMMENT. 41 (2004).
The Road Not Taken in Brown: Recognizing the Dual Harm of Segregation, 90 VA. L. REV. 1579 (2004) http://www.virginialawreview.org/articles.php?article=31.

The Racial Gap in Ability: From the Fifteenth Century to Grutter and Gratz, 78 TUL. L. REV. 2061 (2004).

African-Americans in the Context of International Perspective of Oppression, 17 TEMP. INT'L & COMP. L.J. 1 (2003).

Equal Protection Challenges to the Use of Racial Classifications to Promote Integrated Public Elementary and Secondary Student Enrollments, 34 AKRON L. REV. 37 (2000).