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How to Determine Intent: Lessons from L.A.

Kousser, J. Morgan (1991) How to Determine Intent: Lessons from L.A. Journal of Law & Politics, 7 . pp. 591-732. ISSN 0749-2227. https://resolver.caltech.edu/CaltechAUTHORS:20130911-151155945

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Abstract

In a series of decisions from 1970 to 1980, the United States Supreme Court shifted from an "effect" standard to an "intent" standard in racial and sex discrimination cases. Every step along the road from the Jackson, Mississippi swimming pool closing case to the Mobile, Alabama city commission case was criticized by professors and policymakers. Indeed, the last step was so controversial that Congress overturned the Court's City of Mobile v. Bolden decision in the major amendment to the 1982 Voting Rights Act, allowing plaintiffs in voting rights cases to prevail by proving either a racially discriminatory intent or a racially discriminatory effect.


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Additional Information:© 1991 University of Virginia. Unless otherwise noted, all memoranda, deposition transcripts and other sources cited refer to Garza v. County of Los Angeles, 756 F. Supp. 1298 (C.D. Cal. 1990), aff'd, 918 F.2d 763 (9th Cir. 1990), cert. denied, 111 S. Ct. 681 (1991), and are available from the author.
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