Ayers v. Allain’s Empirical Analysis
914 F.2d 676 · 1990
Citation profile
16 federal appellate · 7 district ·
Relationships
Applies 42 U.S.C. § 1981 (Civil Rights Act of 1866) · 42 U.S.C. § 2000D · 42 U.S.C. § 2000H
Relies on Brown et al. v. Board of Education of Topeka et al. · Washington v. Davis · Pullman-Standard v. Swint · Swann v. Charlotte-Mecklenburg Board of Education · Brown v. Board of Education
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“disestablishing] its prior system of de jure segregation in higher education ... by discontinuing prior discriminatory practices and adopting and implementing good-faith, race-neutral policies and procedures.”
2 later decisions quote this exact passage · from the dissent“Green rejected freedom of choice plans as a complete response to the state’s duty to end segregated schools. Contrary to the implicit assumptions of the majority, ... Green is not the genesis of the state’s constitutional duty to correct the injuries it has unconstitutionally caused. The duty to undo the wrong springs directly from [Brown /] Green rests on a system of mandated education and has little application to a system of higher education that has no compulsory attendance. But concluding that Green is inapplicable to higher education does not carry the further conclusion that a state that has maintained a dejure [sic] system does not remain under a continuing obligation to otherwise administer its university programs in ways calculated to undo the injuries of its segregated past. Bazemore ... is not contrary to the position I urge today. In Bazemore the court held that, because the students enjoyed the right to choose the club they wished and because the differing makeups of the clubs were not the product of discrimination, the state had done its duty. Here we deal with the delivery by a state of an array of educational services.... Having openly discriminated in the delivery of educational services in virtually all its operations, Mississippi remains under a duty not to perpetuate segregation by its policies.... A state violates its duty to undo its wrong when it makes decisions that directly reinforce the historical traces of separate post-secondary educational paths ”
1 later decision quote this exact passage · from the concurrence“student admissions standards and enrollment, university staff composition, institutional mission, provision and maintenance of facilities, allocation of financial resources, curricular offerings and placement of programs, operation of branch programs, allocation of land grant functions, and the composition of the Board of Trustees and its staff.”
1 later decision quote this exact passage · from the majoritye.g. Podberesky v. Kirwan
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.