Abstract

Since the United States Supreme Court's 1954 decision, which declared racially segregated schools unconstitutional, subsequent litigation in that area before the Court has resulted in several major changes. This paper assesses the nature of those changes as well as modifications in the Court's attitude toward equal rights issues. The changes are: standing to sue — the Court has narrowed qualifications for individuals who may sue a school district and has made it more difficult to bring class ac tion suits; test to evidence — in several school integration cases, the Court has shifted the burden of proof from the school district to the plaintiffs; de jure/de facto distinction — the Court has narrowed the distinction and has determined that de facto school segregation is not illegal unless plaintiffs can prove intent by the school district to segregate; and remedies required to integrate a segregated school district are now limited to the amount of the infraction. Current attitudes of the Court toward other school integration issues are also discussed.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.