CONSTITUTIONAL LAW
W.B. Fisch, Fall 2006
Assignment #31
[Proving
Unlawful Segregation in the North]
- Keyes v. School Dist. #1, Denver, p. 738 (1973)
- what
was different about "northern segregation", that made it a
distinguishable legal problem from that in the south and border states?
- what
special facts in the Denver
case complicated proof of violation?
- two
major minority groups as victims of discrimination?
- proof
of intentional segregation as to some but not all schools?
- what
technique did the Court use to overcome the geographic problem?
- Powell's opinion
- what
is the de facto/de jure distinction, as Powell understands
it?
- why
does it produce unjustifiable differences in desegregation enforcement
between northern and southern school districts?
- what
is Powell's proposed solution to this problem?
- Dayton and Columbus,
pp. 740-41 (1979): how is the "northern" problem of proof solved
in these cases?
- when
are the remedial obligations of a once-intentionally-segregated system
fulfilled, so the remedial orders can be lifted?
- Spangler,p. 745 (1976): can the duty to maintain quotas be
indefinite?
- Dowell,
pp. 746 (1991)
- does
mere compliance with a decree warrant its dissolution?
- can
a system which has achieved "unitary status" by means of
redrawing district lines, now re-adopt a "neighborhood school"
plan which results in substantial re-segregation along racial lines?
- when
can one say that current housing segregation is not attributable in part
to past school segregation?
- Freeman v. Pitts, p. 747 (1992): can a decree be dissolved in
installments?
- U. S. v. Fordice, pp. 750 (1992): application to universities
- Limits on the Range of Permissible Remedies
- Milliken v. Bradley, p. 741 (1974)
- when
can a remedy encompass more than one school system?
- what
if the state as such is found guilty of segregative
acts affecting individual schools?
- Missouri v. Jenkins (I), p. 744 (1990)
- if
an effective remedy requires substantial improvements in facilities, can
the district be required to impose a tax to finance them?
- can
it do so, if the tax to be imposed exceeds the district's taxing powers
under state law?
- Missouri v. Jenkins (III), p. 748 (1995)
- can
a remedy for intra-district segregation include measures designed to
attract students from neighboring districts?
- can
achievement scores be used as a criterion of remedial success?