Issues in black higher education are examined from both educational and legal standpoints. It is noted that ambivalence toward the black public college has confounded the definition and implementation of desegregation, and that efforts to desegregate public higher education have historically reflected two concerns: the need to overturn legally enforced segregation and the need to maximize educational opportunities for black students. After an analysis of the Morrill Act of 1980, which legitimized the separate status of black land-grant colleges, several landmark cases are discussed. These include: Missouri ex rel. Gaines v. Canada (1938), which brought up the question of equal access or equal opportunity; Sipuel v. Board of Regents (1948); Sweatt v. Painter (1950); and Florida ex rel. Hawkins v. Board of Control (1950). The Civil Rights Act of 1964 is discussed in terms of the move from segregation to discrimination, along with Adams v. Richardson in 1970, which demanded enforcement. A list of cases and statutes is provided. (LB)