Turning the Page on Section 5: The Implication of Multiracial Coalition Districts on Section 5 of the Voting Rights Act

This Note analyzes the use of coalition districts in light of current section 5 and equal protection jurisprudence and argues that, in some circumstances, the Equal Protection Clause compels the use of coalition districts to achieve non retrogression under section 5. Part I examines the use of coalition districts, using the litigation in Page v. Bartels as an example. It then argues that the Supreme Court\u27s opinion in Georgia v. Ashcroft permits jurisdictions to create viable racial coalition districts to comply with section 5. Part II argues that while Georgia v. Ashcroft permits the use of coalition districts to achieve section 5 compliance, the doctrine of strict scrutiny review under the Equal Protection Clause mandates the use of such districts. Because coalition districts minimize the harms resulting from race based classifications, strict scrutiny\u27s narrow-tailoring prong requires jurisdictions to create coalition districts, so long as the coalitions are viable and the new apportionment scheme otherwise meets the requirements of strict scrutiny. Finally, this Note concludes by cautioning that, in some areas, coalition districts will not be viable, and that some jurisdictions may enact racially discriminatory apportionment schemes under the guise of creating coalitions. As such, this Note argues that courts and the Justice Department must be cautious in permitting the use of coalition districts, and must therefore rigorously scrutinize whether true coalitions exist

School Choice, Vouchers, and the Milwaukee Parental Choice Program

The recent failure of America's urban public schools has led to a wide variety of reform\ud proposals and policies. Over the past decade, the school voucher movement has grown in size and\ud momentum. By decentralizing school systems, voucher programs hope to increase market\ud competition and accountability, which will ultimately lead to stronger schools. The Milwaukee\ud Parental Choice Program (MPCP), started in the fall of 1990, has become the focal point of\ud research on voucher initiatives. While the program is unable to provide for a complete analysis of\ud voucher programs, the MPCP clearly demonstrates that school vouchers can lead to increased\ud academic performance and a efficient financial management of schools. While voucher programs\ud are only one of many options for helping America's troubled schools, they certainly offer hope for\ud America's children