The landscape of school desegregation cases has changed. While all indications from the Seventh Circuit seem to point to an end to school desegregation, such a presumption is unrealistic. Rather, from a practical standpoint, what should be taken from the Seventh Circuit's interpretation of Jenkins is not that school desegregation cases are a thing of the past but that the manner in which they are approached has changed. This article suggests that practically speaking, a date for compliance with desegregation orders should be set at the remedial stage of the litigation before another court arbitrarily imposes one.
Northern Illinois University Law Review
Mahoney, Michael and Paccagnini, Scott R.
"Declare Victory and Go Home: The Practical Ramifications of the Seventh Circuit's Interpretation of Missouri v. Jenkins in School Desegregation Cases,"
Northern Illinois University Law Review: Vol. 24:
3, Article 3.
Michael Mahoney and Scott R. Paccagnini, Declare Victory and Go Home: The Practical Ramifications of the Seventh Circuit's Interpretation of Missouri v. Jenkins in School Desegregation Cases, 24 N. Ill. U. L. Rev. 683 (2004).