In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.
Neil S. Siegel,
Race-Conscious Student Assignment Plans: Balkanization, Integration, and Individualized Consideration,
56 Duke Law Journal
Available at: http://scholarship.law.duke.edu/dlj/vol56/iss3/2