Municipal Services Litigation After Rodriguez

23 Pages Posted: 1 Jun 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Date Written: 1973

Abstract

The question of what equal protection standard ought to be applied in a municipal services case has continued to trouble both the courts and attorneys. Viewing the problem from the vantage point of plaintiff's counsel, the author analyzes the effect that the then-recent school financing case, San Antonio Independent School District v. Rodriguez, will have on future municipal services litigation. The discussion then proceeds to set forth the various procedural problems which a litigator faces in the federal courts, as well as the defenses which municipalities generally raise when their allegedly discriminatory policies are challenged.

Keywords: San Antonio Independent School District v. Rodriguez, municipal services litigation, Equal Protection clause, Fourteenth Amendment, school financing, disparities in the provision of municipal services

Suggested Citation

Schwartz, Martin A., Municipal Services Litigation After Rodriguez (1973). Brooklyn Law Review , Vol. 40, p. 93, 1973, Touro Law Center Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2375274

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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