Kemp v. Beasley’s Empirical Analysis
352 F.2d 14 · 1965
Citation profile
55 federal appellate · 4 district ·
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently June 1990 · most notably Raney v. Board of Education of Gould School District (1968), United States v. Jefferson County Board of Education (1966)
55 federal appellate · 4 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Brown et al. v. Board of Education of Topeka et al. · Brown v. Board of Education · Cooper v. Aaron · Idaho Sheet Metal Works, Inc. v. Wirtz · Goss v. Board of Education of City of Knoxville Tennessee
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[HEW] standards must be heavily relied upon. * * * Therefore, to the end of promoting a degree of uniformity and discouraging reluctant school boards from reaping a benefit from their reluctance the courts should endeavor to model their standards after those promulgated by the executive.” 352 F.2d at 18,19 .”
2 later decisions quote this exact passage · from the majority““Although a provision is made for students to escape from the segregated school, the dual attendance area, segregated school system is kept in operation. To illustrate, the present plan has resulted, according to the Board, in only four Negroes enrolling in the first grade, and seven in the second grade in previously all-white classes. The balance, which includes the great majority of the Negroes, attend all-Negro schools as before. This constitutes only tardy and inadequate recognition of constitutional rights and must be remedied by an elimination of the existing dual attendance areas for children who fail to exercise a choice.” (Emphasis ours.) 352 F.2d at 21 .”
1 later decision quote this exact passage · from the majoritye.g. Kemp v. Beasley““If in some district courts judicial guides for approval of a school desegregation plan are more acceptable to the community or substantially less burdensome than H.E.W. guides, school boards may turn to the federal courts as a means of circumventing the H.E.W. requirements for financial aid. Instead of a uniform policy relatively easy to administer, both the courts and the Office of Education would have to struggle with individual school systems on ad hoc basis. If judicial standards are lower than H.E.W. standards, recalcitrant school boards in effect will receive a premium for recalcitrance; the more the intransigence, the bigger the bonus.” 348 F.2d at 731.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.