Equity in Education Legal Database v0.1
 

Related Laws and Acts

Equal Protection Clause

 

Milliken v. Bradley
(1974) and (1977)

Details:

When a city district was found to be de jure segregated while surrounding suburban districts were not, a Detroit district court imposed an interdistrict integration solution. In order to create racial balance, the district court attempted to redraw district attendance boundaries. The Supreme Court reversed and remanded the decision because the suburban districts had not been shown to have violated the Equal Protection Clause themselves. In reviewing the district court's next plan three years later, which involved many mandated educational components to address issues resulting from legal desegregation, but no plans for actively creating racial balance, the Supreme Court approved the plan.

 

Applications and Implications:

  • Interdistrict solutions are only allowable if all the districts involved caused or contributed to a segregatory effect in another district.
  • The courts can mandate specific educational components within district engaging in de jure segregation or violating the Equal Protection Clause.
  • It has been argued by legal historian Lawrence Friedman that this decision also had the effect of legally legitimating 'white flight.'

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 221-223.

Friedman, Lawrence M. (2002), American Law in the Twentieth Century. New Haven: Yale University Press, 296.

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