ERIC Number: ED152913
Record Type: RIE
Publication Date: 1978-Mar-28
Reference Count: 0
New Directions in Desegregation Litigation.
McCarthy, Martha M.
Recent judicial rulings seem to have confused rather than clarified the scope of remedies available to effect desegregation in American public schools. This paper focuses on the controversy surrounding the de jure/de facto double standard and the determination of unlawful state intent. Recent desegregation cases are analyzed and related to the Supreme Court's posture in other decisions involving civil rights. Although trends are difficult to ascertain, it appears that courts are becoming more hesitant to uncover constitutional violations and to order massive student reassignment plans as remedial measures. It is difficult to evaluate whether recent desegregation orders are indicators of a larger systemic change in the law of civil rights or whether the decisions should be viewed in isolation as having little precedential value. It may be that litigation involving school desegregation is part of a more global legal phenomenon signaling judicial retrenchment from the activist Warren Court era. (Author/AM)
Publication Type: Reports - Research
Education Level: N/A
Authoring Institution: N/A
Note: For a related document, see UD018101; Paper presented at the American Educational Research Association Annual Meeting (Toronto, Canada, March 28, 1978)