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The Charlotte-Mecklenburg Case -- Its Significance for Northern School Desegregation, 38 University of Chicago Law Review 697 (1971)


Brown v. Board of Education stands for the proposition that the equal protection clause prohibits the operation of a "dual school system" and requires the conversion of that system into a "unitary nonracial school system." Under a dual system, students are assigned to schools on the basis of their race in order to segregate them. That is clearly impermissible. But what is a permissible basis for assigning students to schools under a "unitary nonracial school system"? This seems to be the central riddle of the law of school desegregation.

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