George Arthur v. Ewald P. Nyquist’s Empirical Analysis
573 F.2d 134 · 1978
Citation profile
15 federal appellate · 1 district ·
How this case has been cited
Cited by 79 later decisions (1 by the Supreme Court) — most recently February 2014 · most notably Washington v. Seattle School District No. 1 (1982), Miener v. State (1982)
15 federal appellate · 1 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 Scheuer v. Rhodes · Ex Parte: Edward T Young · Mt. Healthy City School District Board of Education v. Doyle · Edelman v. Jordan · Monroe v. Pape
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.
“[W]e focus . . . not on the mental processes of a changing group of school board members, but rather on the actions taken by the board itself. When such actions have the “natural, probable, and foreseeable result of increasing or perpetuating segregation,” a presumption of segregative purpose is created. The burden of proof then shifts to defendant officials to show that the pattern of actions taken by those officials can be explained in a manner consistent with the absence of segregative intent. Put differently, once the burden of proof has shifted, school officials must be able to demonstrate that no reasonable alternative policy would have achieved the same permissible educational goals with less segregative effect. When such a showing cannot be made, it is entirely reasonable to infer that the officials acted with unlawful segregative intent.”
3 later decisions quote this exact passage · from the majority“In Hart, we rejected a purely subjective standard of proof because we were unable to make good sense of the notion of a "collective will" which "intends" a certain outcome, and because of the "injustice of ascribing a collective will to articulate remarks of particular bigots...." [W]e steered a course between objective and subjective theories of segregative intent by holding that foreseeable consequences, while not specifically identifiable with intention, can provide evidence for its presence.”
2 later decisions quote this exact passage · from the majority“A presumption of segregative purpose arises when plaintiffs establish that the natural, probable, and foreseeable result of public officials' action or inaction was an increase or perpetuation of public school segregation. The presumption becomes proof unless defendants affirmatively establish that their action or inaction was a consistent and resolute application of racially neutral policies.”
2 later decisions 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.