Thursday, November 14, 2013

Milliken v. Bradley case brief

Milliken v. Bradley case brief summary
418 U.S. 717 (1974)

Respondents, a class of Detroit school children and resident parents, filed an action against petitioners, various state and local officials, which sought the implementation of a desegregation plan in Detroit schools. The United States Court of Appeals for the Sixth Circuit affirmed the decision ordering the implementation of a plan that involved suburban and metropolitan school districts. Petitioners appealed the decision.

At trial, the district court found that governmental actions at all levels had combined to establish and maintain a pattern of residential segregation throughout the city of Detroit. Accordingly, the trial court ordered the implementation of a cross-district school desegregation plan in order to truly integrate the school systems.

  • The appellate court affirmed the order. 
  • The court stated that a federal remedial power could be exercised only on the basis of a constitutional violation and the nature of the violation would determine the scope of the remedy. 
  • The court further found that before the boundaries of separate and autonomous school districts could be set aside by imposing a cross-district remedy, it must first be shown that there had been a constitutional violation within one district that produces a significant segregative effect in another district. 
  • Specifically, it must be shown that racially discriminatory acts of the state or local school districts, or of a single school district, have been a substantial cause of interdistrict segregation.
The judgment of the lower court was reversed and the case was remanded for further proceedings, including the formulation of a decree directed at eliminating the segregation found to exist in the Detroit city schools.

Suggested Study Aids and Books

No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads Over the last couple of decades, the face of legal marketing has changed a l...