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Judicial Process Research Paper

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Daniella Roldan
Cole Taratoot
November 14, 2017
Introduction to Law and Judicial Process Paper Assignment
Milliken v. Bradley, 433 U.S 267 (1977)
On April 7, 1970 the Detroit Board of Education adopted a plan which provided for changes in twelve out of twenty one high school attendance zones in the city of Detroit, designed to affect a more balanced ratio of Negro and white students at the senior high school level. This plan was going to take effect over a three year period with the purpose of bringing about a decentralized school system within the city which would allow for the election of regional boards which would bring about greater participation at the local level by the community. This was a step towards achieving the goal of the …show more content…

Because Detroit school officials did not put the April 7th plan into effect for the 1970-1971 school year the principles of the affected high schools sent out letters otherwise notified students that regardless of any provisions instructions to the contrary, they should attend the high school that they have attended prior.
On August 18, 1970, plaintiffs filed their complaint as a class action, attacking the constitutionality of statute 12 of Act 48. The plaintiff’s class was comprised of students and parents who attended the affected Detroit public schools. The Complaint named the Governor of Michigan, the Attorney General of Michigan, the acting State Superintendent of Public Instruction, the State Board of Education, and the Board of Education of the city of Detroit as defendants.
The complain originally asked for a preliminary injunction requiring defendants to put into effect the plan adopted by the Detroit Board of Education on April 7. Evidentiary hearings were conducted for three days on August 27-28 and September 1, 1970. Judge Roth of the district court, released a written opinion denying the application for a preliminary injunction and granting a motion to dismiss the Governor and Attorney General of Michigan as parties defendant. The District court did not pass upon the issue of the constitutionality of the statute 12 of Act 48. The case was advanced on the docket of the district court for hearing on its merits beginning November 2, 1970.
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