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Elisabeth Haub School of Law Faculty Publications

Series

1996

State and Local Government Law

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Full-Text Articles in Law

Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon Jan 1996

Suspended Over The Abyss: A City's Quest For Local Autonomy In Institutional Reform Litigation, Michelle S. Simon

Elisabeth Haub School of Law Faculty Publications

This Article examines the conflict between preserving local autonomy and remedying constitutional violations in the context of school desegregation. Part I articulates the problem by exploring the role of the city and its part in institutional reform. The first section explains what is meant by local autonomy. The second section examines what constitutes institutional reform. The third section discusses an example of the clash between local autonomy and institutional reform in the context of the ongoing struggle in Kansas City, Missouri. Part II examines how the Supreme Court has viewed the relationship between the remedial powers of district courts and …