Municipal Services Litigation After Rodriguez
23 Pages Posted: 1 Jun 2014
Date Written: 1973
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
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