Kelly v. Guinn’s Empirical Analysis
456 F.2d 100 · 1972
Citation profile
51 federal appellate · 4 district · 2 state decisions
How this case has been cited
Cited by 76 later decisions (1 by the Supreme Court) — most recently December 2010 · most notably Keyes v. School District No 1 Denver Colorado (1973), Liddell v. State of Missouri Liddell (1984)
51 federal appellate · 4 district · 2 state decisions
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
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Brown et al. v. Board of Education of Topeka et al. · Swann v. Charlotte-Mecklenburg Board of Education · Brown v. Board of Education · Green v. County School Board of New Kent County · Sprage v. Ticonic Nat Bank
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The construction of new schools and the closing of old ones are two of the most important functions of local school authorities and also two of the most complex. They must decide questions of location and capacity in light of population growth, finances, land values, site availability, through an almost endless list of factors to be considered. The result of this will be a decision which, when combined with one technique or another of student assignment, will determine the racial composition of the student body in each school in the system. Over the long run, the consequences of the choices will be far reaching. People gravitate toward school facilities, just as schools are located in response to the needs of people. The location of schools may thus influence the patterns of residential development of a metropolitan area and have important impact on composition of inner-city neighborhoods. In the past, choices in this respect have been used as a potent weapon for creating or maintaining a state-segregated school system. In addition to the classic pattern of building schools specifically intended for Negro or white students, school authorities have sometimes, since Brown , closed schools which appeared likely to become racially mixed through changes in neighborhood residential patterns. This was sometimes accompanied by building new schools in the areas of white suburban expansion farthest from Negro population centers in order to maintain the separation of the races with a mi”
1 later decision quote this exact passage · from the majority“* * * [TJeacher assignment is so clearly subject to the complete control of school authorities unfettered by such extrinsic factors as neighborhood residential composition or transportation problems, that the assignment of an overwhelmingly black faculty to black schools is strong evidence that racial considerations have been permitted to influence the determination of school policies and practices. * * * Kelly v. Guinn, supra 456 F.2d at 107 . See also Kemp v. Beasley, 389 F.2d 178 , 190 (8th Cir. 1968); Booker v. Special School Dist. No. 1, Minneapolis, Minn., supra 351 F.Supp. at 808-809 . Cf. Cato v. Parham, 403 F.2d 12 , 15 n.7 (8th Cir. 1968).”
1 later decision quote this exact passage · from the majority“We see therefore that the use made of mathematical ratios was no more than a starting point in the process of shaping a remedy, rather than an inflexible requirement. Awareness of the racial composition of the whole school system is likely to be a useful starting point in shaping a remedy to correct past constitutional violations. In sum, the very limited use made of mathematical ratios was within the equitable remedial discretion of the District Court.”
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.