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Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
University of Richmond Law Review
Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.
Constitutional Law-Equal Protection-Federal Court Cannot Order Multi-School District Remedy For Single District De Jure Segregation Absent An Interdistrict Violation
University of Richmond Law Review
The landmark decision of Brown v. Board of Education held that the equal protection clause of the fourteenth amendment prohibited a state from maintaining racially segregated public schools. After years of attempted but ineffective implementation of the mandate of Brown I, the Supreme Court attacked the issue with vigor in the late 1960's. State and local authorities-were placed under an affirmative duty to convert to a unitary school system which promised to work immediately towards the elimination of the discrimination inherent in state compelled dual school systems.
School Desegregation In Richmoad: A Case History, Gary C. Leedes, James M. O'Fallon
School Desegregation In Richmoad: A Case History, Gary C. Leedes, James M. O'Fallon
University of Richmond Law Review
The story of judicially administered school desegregation in Richmond is the story of Bradley v. School Board of the City of Richmond. It began modestly with a district court decree which granted the individual claims of ten named plaintiffs but denied injunctive relief to the class. Eleven years later it approached landmark status, with a district court decree directing consolidation of the Richmond schools with those of surrounding Henrico and Chesterfield counties. However, the landmark was not to be. The Fourth Circuit reversed the district court's decree, and an evenly divided Supreme Court affirmed by default. Richmond was left in …