The Allure of Individualism, 78 Iowa Law Review 965 (1993)
The civil rights injunction takes many forms, but none as significant as the structural injunction: the formal medium through which the judiciary seeks to reorganize ongoing bureaucratic organizations so as to bring them into conformity with the Constitution. The structural injunction represents the most distinctive contribution to our remedial jurisprudence drawn from the civil rights experience, and though the structural injunction has been used in all manner of cases-housing, mental health, and prisons-its origins in civil rights litigation are never forgotten. The structural injunction received its most authoritative formulation in civil rights cases, specifically those involving school desegregation, and has been legitimated in terms of those cases. Required to defend structural relief, reference will always be made to Brown v. Board of Education and the duty it imposed on the courts of the nation to transform dual school systems into constitutionally acceptable forms.
Date of Authorship for this Version
Fiss, Owen M., "The Allure of Individualism" (1993). Faculty Scholarship Series. Paper 1332.