Abstract

Since the Supreme Court decision in Keyes v. School District No. 1, the intent standard has increasingly become the central focus of school segregation litigation. Only racially isolated schools that result from a or intent to segregate are unconstitutional,1 and the remedies for such de jure segregation need extend no further than to the jurisdiction of those government agencies to which the deliberate segregation is directly attributable.2 The need to distinguish between policy outcomes that can be laid to segregatory purpose and those resulting from factors either beyond the control of school authorities or deemed merely unintended side effects of otherwise non-discriminatory policies has produced apparently contradictory decisions from an increasingly sharply divided Supreme Court.3 This paper will explore the application of the intent standard from two different perspectives. First, we will review the controversy within the Supreme Court itself over the utility and impact

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