missouri v jenkins case brief 1990

2101(c) --which requires that a civil certiorari petition be filed within 90 days after the entry of the judgment below, and that any application for an extension of time be filed within the original 90-day period -- since, while the filing of a "petition for rehearing" under Federal Rule of Appellate Procedure 40 tolls the running of the 90-day period, the filing of a "suggestion for rehearing in banc" under Rule 35 does not. R-2 v. United States, U.S. 33, 58] For this reason, it is difficult to see the difference between an order to tax and direct judicial imposition of a tax. The Court fails to provide any explanation why this case presents the need to endorse by dictum so drastic a step. Id., at 44. U.S. 33, 64] 469 1983. denied sub nom. Bi-Metallic Co. v. Colorado State Bd. The State appealed, challenging the scope of the desegregation remedy, the allocation of the cost between the State and KCMSD, and the tax increase. 535 (1867), for the proposition that a federal court may set aside state taxation limits that interfere with the remedy sought by the district court. . The sheer immensity of the programs encompassed by the district court's order - the large number of magnet schools and the quantity of capital renovations and new construction - are concededly without parallel in any other school district in the country." Authorizing and directing local government institutions to devise and implement remedies not only protects the function of those institutions but, to the extent possible, also places the responsibility for solutions to the problems of segregation upon those who have themselves created the problems. (abbr. For reasons explained below, I agree with the Court that the Eighth Circuit's judgment affirming the District Court's direct levy of a property tax must be reversed. But it is discrimination, not the ineptitude of educators or the indifference of the public, that is the evil to be remedied. an area of a country or city, esp. Rev. 19 It adopted in substance a KCMSD proposal that every high school, every middle school, and half of the elementary schools in KCMSD become magnet schools by the 1991-1992 school year.

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