CL.12 - Brown II (1955) How to implement Brown and gave...

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Brown II (1955) How to implement Brown and gave discretion to the boards Swann v. Charlotte-Mecklenburg Board of Education There’s Board plan and Finger Plan (Court expert) By 1971, schools were slow on desegregating, used Finger Plan to assimilate Board is asking if district court has the power to do this because it wasn’t given in Brown II There is a violation and therefore the district court does have power to remedy Section says that there is no transportation or enlargement of Court powers Despite no enlargement, there cannot be restriction of the Court’s powers, and it has power to give equitable relief (remedial that puts one back into position of before) District Courts had this power before Suspicious of schools that are de facto segregated Integration is a positive remedy, whereas desegregation is negative and allowing state discrimination Heart of Atlanta Motel v. United States Motel refused to serve black people Also argued 5 th Amendment of property and due process without just compensation
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This note was uploaded on 11/02/2009 for the course POLITICS CIVIL LIBE taught by Professor Kahn during the Spring '08 term at NYU.

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CL.12 - Brown II (1955) How to implement Brown and gave...

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