papasan
allain
argued
april
decided
july
federal
school
land
grants
mississippi
early
century
apply
lands
northern
mississippi
held
chickasaw
indian
nation
area
came
northern
counties
state
chickasaws
thereafter
ceded
area
treaty
lands
sold
lands
public
schools
sixteenth
section
lands
reserved
sale
congress
provided
reservation
lands
lieu
lieu
lands
sixteenth
section
lands
reserved
chickasaw
cession
vesting
title
lieu
lands
state
use
schools
within
cession
lieu
lands
given
state
state
legislature
however
sold
chickasaw
cession
lieu
lands
invested
proceeds
loans
railroads
later
destroyed
civil
war
never
replaced
current
mississippi
statute
remaining
sixteenth
section
lieu
lands
constitute
property
held
trust
benefit
public
schools
another
state
statute
provides
funds
derived
sixteenth
section
lieu
lands
shall
credited
school
districts
township
sixteenth
section
lands
located
lieu
lands
belong
shall
expended
except
education
children
school
district
lands
belong
consequently
proceeds
sixteenth
section
lieu
lands
allocated
directly
township
lands
located
lands
apply
respect
chickasaw
cession
counties
lands
belong
state
legislature
paid
interest
lost
principal
acquired
sale
lands
form
annual
appropriations
chickasaw
cession
schools
dual
treatment
resulted
disparity
level
school
funds
sixteenth
section
lands
available
chickasaw
cession
schools
compared
schools
rest
state
average
sixteenth
section
income
per
pupil
latter
schools
much
greater
average
income
per
pupil
former
schools
petitioner
local
school
officials
schoolchildren
chickasaw
cession
filed
suit
federal
district
respondent
state
officials
challenging
disparity
sixteenth
section
funds
alleging
sale
chickasaw
cession
school
lands
unwise
investment
proceeds
abrogated
state
trust
obligation
hold
lands
benefit
chickasaw
cession
schoolchildren
perpetuity
disparity
deprived
schoolchildren
minimally
adequate
level
education
equal
protection
laws
declaratory
relief
sought
district
dismissed
complaint
holding
claims
barred
inter
alia
eleventh
amendment
appeals
affirmed
holding
although
equal
protection
claim
asserted
current
ongoing
disparate
distribution
state
funds
support
local
schools
remedy
barred
eleventh
amendment
dismissal
complaint
proper
since
differential
funding
unconstitutional
san
antonio
independent
school
dist
rodriguez
held
petitioners
trust
claims
barred
eleventh
amendment
even
petitioners
characterization
legal
wrong
breach
continuing
obligation
comply
trust
obligations
substantive
difference
liability
past
breach
trust
continuing
obligation
meet
trust
responsibilities
asserted
petitioners
edelman
jordan
cases
trustee
required
past
loss
trust
corpus
use
resources
take
place
corpus
lost
income
corpus
thus
petitioners
trust
claim
like
claim
rejected
edelman
may
sustained
pp
petitioners
equal
protection
claim
barred
eleventh
amendment
alleged
ongoing
constitutional
violation
state
unequal
distribution
benefits
school
lands
precisely
type
continuing
violation
remedy
may
permissibly
fashioned
ex
parte
young
essence
equal
protection
claim
present
disparity
distribution
benefits
assets
state
past
actions
pp
assertion
complaint
petitioners
deprived
minimally
adequate
education
legal
conclusion
rather
factual
allegation
must
accepted
true
consequently
focusing
funding
disparities
properly
pleaded
appeals
properly
determined
rodriguez
dictates
applicable
standard
review
alleged
differential
treatment
violates
equal
protection
rationally
related
legitimate
state
interest
appeals
incorrectly
determined
however
rodriguez
controlled
case
rodriguez
purport
validate
funding
variations
might
result
state
public
school
funding
decisions
held
merely
variations
resulted
allowing
local
control
local
property
tax
funding
public
schools
constitutionally
permissible
case
case
different
rodriguez
differential
financing
attributable
state
decision
divide
state
resources
unequally
among
school
districts
nevertheless
question
remains
whether
variations
benefits
received
school
districts
sixteenth
section
lieu
lands
allegations
complaint
matter
law
rationally
related
legitimate
state
interest
question
resolved
appeals
remand
crucial
consideration
resolving
question
whether
federal
law
requires
state
allocate
economic
benefits
school
lands
schools
townships
lands
located
matter
federal
law
state
choice
matter
whether
complaint
equal
protection
claim
depends
whether
federal
policy
violative
equal
protection
clause
state
may
enjoined
implementing
policy
federal
law
valid
state
bound
provides
rational
reason
funding
disparity
pp
white
delivered
opinion
joined
parts
iii
brennan
marshall
blackmun
stevens
joined
part
ii
burger
powell
rehnquist
joined
brennan
filed
opinion
concurring
part
concurring
judgment
part
dissenting
part
marshall
blackmun
stevens
joined
post
blackmun
filed
opinion
concurring
part
dissenting
part
post
powell
filed
opinion
concurring
part
dissenting
part
burger
rehnquist
joined
post
freeland
iii
argued
cause
petitioners
briefs
freeland
iv
orma
smith
lloyd
arnold
assistant
attorney
general
mississippi
argued
cause
respondents
brief
respondents
allain
et
al
edwin
lloyd
pittman
attorney
general
pro
se
robert
sanders
special
assistant
attorney
general
constance
filed
brief
respondents
molpus
et
al
justice
white
delivered
opinion
case
consider
claims
school
officials
schoolchildren
northern
mississippi
counties
unlawfully
denied
economic
benefits
public
school
lands
granted
state
mississippi
well
years
ago
specifically
must
determine
extent
claims
barred
eleventh
amendment
respect
claims
barred
whether
complaint
sufficient
withstand
motion
dismiss
failure
state
claim
history
public
school
lands
stretches
back
years
even
ratification
constitution
congress
confederation
initiated
practice
regard
northwest
territory
followed
public
lands
eventually
became
admitted
union
particular
land
ordinance
provided
survey
sale
northwest
territory
reserved
lot
every
township
maintenance
public
schools
within
said
township
laws
eastern
portion
northwest
territory
became
state
ohio
congress
granted
ohio
lands
previously
reserved
ordinance
use
public
schools
state
stat
following
ohio
example
reserving
lands
maintenance
public
schools
grants
made
common
school
purposes
admitted
union
years
grants
every
section
sixteen
thereafter
sections
sixteen
instances
additional
sections
granted
andrus
utah
quoting
morrison
footnotes
omitted
thus
basic
ohio
example
followed
respect
admitted
since
powell
dissenting
addition
school
lands
designated
manner
congress
made
provision
townships
pertinent
section
sections
available
one
reason
another
thus
congress
generally
indemnified
missing
designated
sections
allowing
select
lands
amount
equal
lieu
designated
unavailable
lands
see
ch
stat
see
generally
andrus
utah
supra
morrison
supra
although
basic
pattern
school
lands
grants
generally
consistent
state
state
terms
reservation
grant
lands
specific
provisions
grants
varied
state
time
see
generally
hibbard
history
public
land
policies
example
indiana
alabama
school
lands
expressly
granted
inhabitants
townships
directly
see
stat
indiana
stat
alabama
grants
school
lands
given
instead
explicitly
designated
use
townships
lay
see
stat
mississippi
stat
stat
arkansas
michigan
grant
hand
simply
state
use
schools
see
stat
type
grant
used
michigan
granting
lands
state
use
schools
generally
became
norm
see
stat
wisconsin
stat
oregon
finally
recent
grants
phrased
outright
gifts
specific
use
instead
express
trusts
grants
also
stated
support
schools
generally
addition
though
grants
state
specifically
designated
trustee
explicit
restrictions
management
disposition
lands
trust
federal
government
expressly
retains
ongoing
oversight
responsibility
see
stat
arizona
new
mexico
history
school
lands
grants
mississippi
generally
follows
pattern
thus
described
congress
created
mississippi
territory
included
southern
third
mississippi
alabama
stat
congress
provided
sale
survey
mississippi
territory
lands
indian
title
extinguished
excepted
section
number
sixteen
shall
reserved
township
support
schools
within
stat
mississippi
territory
extended
northward
southern
boundary
tennessee
stat
two
years
later
congress
authorized
selection
lands
lieu
unavailable
sixteenth
sections
territory
stat
eventually
mississippi
admitted
state
land
sales
act
provided
survey
sale
lands
northern
part
new
state
covered
act
act
provided
lands
surveyed
divided
manner
provided
law
surveying
public
lands
mississippi
territory
thus
act
required
section
township
shall
reserved
support
schools
therein
stat
sixteenth
section
lands
lands
selected
lieu
thereof
granted
state
mississippi
see
lambert
state
miss
terms
however
acts
apply
lands
northern
mississippi
held
chickasaw
indian
nation
area
essentially
comprising
came
northern
counties
state
land
held
chickasaws
ceded
treaty
pontiac
creek
stat
although
treaty
provided
land
surveyed
sold
manner
terms
conditions
public
lands
sixteenth
section
lands
reserved
sale
city
corinth
robertson
miss
congress
attempted
remedy
oversight
providing
reservation
lands
lieu
sixteenth
section
lands
vesting
title
lands
state
mississippi
use
schools
within
chickasaw
cession
said
state
stat
chickasaw
cession
lieu
lands
acres
app
selected
given
state
however
authority
expressly
given
congress
stat
state
legislature
sold
lands
invested
proceeds
approximately
app
loans
state
railroads
miss
laws
ch
railroads
state
investment
unfortunately
subsequently
destroyed
civil
war
never
replaced
historical
circumstances
current
practice
mississippi
regard
sixteenth
section
lands
evolved
directly
state
law
lands
still
apparently
held
large
part
state
constitute
property
held
trust
benefit
public
schools
must
treated
miss
code
ann
supp
providing
operation
trusts
legislature
retained
historical
tie
lands
particular
townships
terms
trust
administration
beneficiary
status
thus
state
delegated
management
property
local
school
boards
throughout
state
sixteenth
section
lands
lie
within
school
district
lieu
lands
originally
appropriated
township
lies
within
school
district
board
education
district
control
jurisdiction
said
school
trust
lands
funds
arising
disposition
thereof
heretofore
hereafter
made
ibid
respect
board
education
general
supervision
state
land
commissioner
ibid
state
statute
set
forth
certain
prescriptions
management
lands
see
generally
miss
code
ann
supp
important
purposes
case
however
miss
code
ann
supp
provides
expendable
funds
derived
sixteenth
section
lieu
lands
shall
credited
school
districts
township
sixteenth
section
lands
may
located
sixteenth
sections
lieu
lands
may
belong
funds
shall
expended
except
purpose
education
educable
children
school
district
belong
otherwise
may
provided
law
result
dual
treatment
many
years
disparity
level
school
funds
sixteenth
section
lands
available
chickasaw
cession
schools
compared
schools
remainder
state
example
legislative
appropriation
chickasaw
cession
resulted
estimated
average
per
pupil
income
relative
sixteenth
section
substitute
appropriation
per
pupil
average
sixteenth
section
income
rest
state
comparison
estimated
per
pupil
disparity
gave
rise
present
action
petitioners
local
school
officials
schoolchildren
chickasaw
cession
filed
suit
district
northern
district
mississippi
respondents
assortment
state
officials
challenging
disparity
sixteenth
section
funds
petitioners
complaint
traced
history
public
school
lands
mississippi
characterizing
illegal
several
actions
resulted
sixteenth
section
lands
chickasaw
cession
area
particular
petitioners
asserted
sale
chickasaw
cession
school
lands
unwise
investment
proceeds
sale
abrogated
state
trust
obligation
hold
lands
benefit
chickasaw
cession
schoolchildren
perpetuity
result
actions
said
petitioners
disparity
financial
support
available
chickasaw
cession
schools
schools
state
disparity
turn
allegedly
deprived
chickasaw
cession
schoolchildren
minimally
adequate
level
education
equal
protection
laws
based
allegations
petitioners
sought
various
forms
relief
breach
trust
regarding
chickasaw
cession
sixteenth
section
lands
denial
equal
protection
specifically
complaint
sought
declaration
state
legislation
purporting
implement
sale
chickasaw
cession
school
lands
void
unenforceable
establishment
legislative
appropriation
otherwise
fund
suitable
amount
held
perpetual
trust
benefit
plaintiffs
alternative
making
available
plaintiffs
lieu
lands
value
original
chickasaw
cession
sixteenth
section
lands
district
dismissed
complaint
holding
claims
barred
applicable
statute
limitations
eleventh
amendment
constitution
appeals
fifth
circuit
affirmed
papasan
agreeing
relief
requested
complaint
barred
eleventh
amendment
nothing
federal
dismiss
constitutional
complaint
seeks
one
remedy
rather
another
plainly
appropriate
one
holt
civic
club
tuscaloosa
however
appeals
deemed
equal
protection
claim
assert
current
ongoing
disparate
distribution
state
funds
support
local
schools
remedy
barred
eleventh
amendment
even
found
dismissal
complaint
proper
since
differential
funding
unconstitutional
decision
san
antonio
independent
school
dist
rodriguez
granted
certiorari
vacate
judgment
appeals
remand
proceedings
ii
first
consider
whether
eleventh
amendment
bars
petitioner
claims
required
dismissal
complaint
amendment
provides
judicial
power
shall
construed
extend
suit
law
equity
commenced
prosecuted
one
citizens
another
state
citizens
subjects
foreign
state
state
one
agencies
departments
named
defendant
state
official
named
instead
eleventh
amendment
status
suit
less
straightforward
ex
parte
young
held
suit
enjoin
unconstitutional
state
official
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barred
amendment
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based
determination
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enactment
void
action
state
official
purportedly
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enactment
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official
capacity
since
state
authorization
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explained
young
act
state
attorney
general
seeks
enforce
violation
federal
constitution
officer
proceeding
enactment
comes
conflict
superior
authority
constitution
case
stripped
official
representative
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subjected
person
consequences
individual
conduct
state
power
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responsibility
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young
however
insulate
eleventh
amendment
challenge
every
suit
state
official
named
defendant
accordance
original
rationale
young
applies
underlying
authorization
upon
named
official
acts
asserted
illegal
see
cory
white
foreclose
eleventh
amendment
challenge
official
action
asserted
illegal
matter
state
law
alone
see
pennhurst
supra
case
federal
supremacy
implicated
state
official
acting
contrary
state
law
also
described
certain
types
cases
formally
meet
young
requirements
state
official
acting
inconsistently
federal
law
stretch
case
far
upset
balance
federal
state
interests
embodies
young
applicability
tailored
conform
precisely
possible
specific
situations
necessary
permit
federal
courts
vindicate
federal
rights
hold
state
officials
responsible
authority
pennhurst
supra
quoting
young
supra
consequently
young
focused
cases
violation
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law
state
official
ongoing
opposed
cases
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violated
one
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cases
relief
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compensatory
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amendment
green
mansour
citation
omitted
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law
barred
even
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named
defendant
true
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ford
motor
department
treasury
indiana
also
true
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award
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past
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law
even
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styled
something
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see
green
mansour
supra
edelman
jordan
hand
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present
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accompanied
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milliken
bradley
edelman
supra
eleventh
amendment
purposes
line
permitted
prohibited
suits
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eleventh
amendment
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ex
parte
young
many
instances
day
night
edelman
supra
compare
quern
jordan
green
mansour
supra
discerning
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see
edelman
supra
guided
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ex
parte
young
petitioners
claim
federal
grants
school
lands
state
mississippi
created
perpetual
trust
state
trustee
benefit
public
schools
relying
alamo
land
cattle
arizona
lassen
arizona
ex
rel
arizona
highway
petitioners
contend
chool
lands
trusts
impose
specific
burdens
obligations
well
state
officials
act
trustees
include
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corpus
maximizing
income
corpus
lost
converted
wrongfully
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payment
appropriate
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indefinitely
brief
petitioners
idea
last
obligation
exists
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prior
judicial
construction
school
lands
grants
instead
alleged
federal
rules
purportedly
govern
trusts
petitioners
rely
asserted
continuing
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seek
prospective
injunctive
remedy
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ex
parte
young
requiring
state
officials
meet
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federal
obligation
providing
chickasaw
cession
schools
appropriate
trust
income
begin
clear
school
lands
grants
mississippi
created
binding
trust
respondents
fact
contend
school
lands
given
state
fee
simple
absolute
binding
federal
obligation
imposed
see
alabama
schmidt
cooper
roberts
even
petitioners
legal
characterization
accepted
trust
claims
barred
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amendment
distinction
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trustee
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past
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trust
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rejected
edelman
appeals
upheld
award
equitable
restitution
state
official
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plaintiff
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benefits
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petitioners
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continuing
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meet
trust
responsibilities
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petitioners
cases
trustee
required
past
loss
trust
corpus
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bradley
quoting
edelman
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trust
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petitioners
equal
protection
claim
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amendment
agree
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past
present
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plaintiffs
plaintiff
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lands
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school
districts
school
children
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mississippi
perpetuity
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lands
state
defendants
deliberately
intentionally
purposefully
design
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plaintiffs
plaintiff
class
equal
protection
laws
violation
rights
secured
fourteenth
amendment
constitution
app
alleged
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constitutional
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distribution
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benefits
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school
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actions
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trust
claims
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protection
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present
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distribution
benefits
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actions
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supra
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claim
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milliken
consequently
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protection
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question
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amendment
legally
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state
claim
see
fed
rule
civ
proc
bound
purposes
review
take
factual
allegations
complaint
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miree
dekalb
county
kugler
helfant
scheuer
rhodes
cruz
beto
gardner
toilet
goods
construing
facts
relevant
facts
obtained
public
record
light
favorable
petitioners
must
ascertain
whether
state
claim
relief
granted
rodriguez
upheld
equal
protection
challenge
texas
system
financing
public
schools
funds
public
schools
derived
two
main
sources
approximately
half
funds
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program
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level
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specifically
result
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amounts
collected
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property
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substantial
inter
district
disparities
school
expenditures
found
varying
degrees
throughout
state
examining
equal
protection
status
disparities
declined
apply
heightened
scrutiny
based
either
wealth
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classification
education
fundamental
right
latter
recognized
importance
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education
noted
education
among
rights
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constitution
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foreclose
possibility
identifiable
quantum
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constitutionally
protected
prerequisite
meaningful
exercise
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right
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state
school
financing
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legitimate
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purpose
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deemed
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structured
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members
society
educational
opportunity
children
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family
provide
best
education
afford
children
assuring
basic
education
every
child
state
permits
encourages
large
measure
participation
control
district
schools
local
level
quoting
coleman
foreword
strayer
haig
financing
education
state
new
york
vii
almost
years
later
considered
equal
protection
status
administration
taxes
public
schools
time
relation
state
decision
expend
state
funds
education
children
legally
admitted
plyler
doe
however
measurably
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approach
articulated
rodriguez
reiterated
education
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right
concluded
undocumented
aliens
suspect
class
nevertheless
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justifications
discrimination
offered
state
wholly
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light
costs
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children
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nation
complaint
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asserted
simply
petitioners
denied
right
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right
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action
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equal
protection
review
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require
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dismiss
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allegations
complaint
true
bound
accept
true
legal
conclusion
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factual
allegation
see
briscoe
lahue
aff
grounds
see
generally
moore
lucas
moore
federal
practice
petitioners
allegation
reason
funding
disparities
relating
sixteenth
section
lands
deprived
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petitioners
allege
schoolchildren
chickasaw
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disparities
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standard
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differential
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protection
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legitimate
state
interest
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test
appeals
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historical
roots
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essence
petitioners
claim
attack
mississippi
system
financing
public
education
reasoned
inevitability
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derived
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estate
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locally
rodriguez
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begin
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appeals
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petitioners
claim
read
complaint
petitioners
challenge
overall
organization
mississippi
public
school
financing
program
instead
challenge
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one
aspect
program
sixteenth
section
lieu
lands
funding
allegations
complaint
center
around
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claim
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rodriguez
rodriguez
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state
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schools
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sixteenth
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code
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boards
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posed
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given
state
title
assets
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federal
government
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state
schools
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protection
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districts
crucial
consideration
resolving
issue
whether
federal
law
requires
state
allocate
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benefits
school
lands
schools
townships
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law
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choice
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whether
complaint
equal
protection
claim
depends
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policy
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lands
require
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significance
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protection
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dismissal
petitioners
breach
trust
related
claims
respect
affirmance
district
dismissal
equal
protection
claim
judgment
appeals
vacated
case
remanded
proceedings
consistent
opinion
ordered
footnotes
northwest
territory
obtained
virtue
cessions
western
land
claims
original
include
land
south
canada
north
ohio
river
east
mississippi
river
west
original
gates
history
public
land
law
development
land
ordinance
also
initiated
practice
first
applied
northwest
territory
applied
territories
acquired
thereafter
point
ohio
river
crosses
pennsylvania
border
line
principal
meridian
run
base
line
geographer
line
surveyed
parallel
lines
longitude
latitude
surveyed
miles
apart
making
townships
square
miles
acres
township
divided
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one
mile
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containing
acres
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called
section
section
numbered
reserved
public
schools
sixteenth
section
precise
reasons
practice
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seems
likely
combination
overall
practice
encouraging
education
congressional
desire
accelerate
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lands
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put
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original
terms
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property
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land
large
portion
new
taxable
see
generally
andrus
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powell
dissenting
gates
supra
hibbard
history
public
land
policies
least
alabama
however
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lands
inhabitants
township
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see
alabama
schmidt
pursuant
miss
code
ann
effective
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state
land
commissioner
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secretary
state
see
note
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miss
code
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case
pending
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state
legislature
passed
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miss
laws
house
bill
ch
statute
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auditor
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estimated
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cession
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sixteenth
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process
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obligations
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ninth
amendment
claim
additional
claims
petitioners
press
claim
since
claim
essential
respects
petitioners
trust
claim
eleventh
amendment
purposes
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trust
claim
infra
governs
claim
well
complaint
petitioners
also
sought
relief
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federal
officials
alleging
breach
promise
fund
chickasaw
cession
trust
failure
keep
state
mississippi
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trust
assets
district
dismissed
claims
barred
sovereign
immunity
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limitations
petitioners
appeal
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mississippi
expressly
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miss
laws
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note
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miss
code
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extent
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districts
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code
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possible
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terms
grants
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time
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lassen
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thus
earlier
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give
grantee
absolute
fee
interests
later
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created
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enforceable
trusts
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correct
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substance
grants
see
referring
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trust
provisions
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mexico
arizona
enabling
act
nothing
new
principle
noting
many
years
custom
specify
purposes
grants
lands
made
incoming
place
express
restrictions
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perhaps
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agreement
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contract
private
parties
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utah
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parties
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case
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defendants
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cooper
schmidt
control
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cases
distinguishable
involve
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trusts
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reply
brief
federal
defendants
nd
miss
pp
justice
brennan
justice
marshall
justice
blackmun
justice
stevens
join
concurring
part
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judgment
part
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part
although
join
parts
iii
opinion
agree
result
part
join
parts
reasons
stated
dissent
atascadero
state
hospital
scanlon
brennan
dissenting
makes
valiant
effort
set
forth
principles
determine
whether
particular
claim
barred
eleventh
amendment
see
ante
mind
restatement
simply
underscores
implausibility
entire
venture
clearly
demonstrates
eleventh
amendment
jurisprudence
consists
little
number
ad
hoc
unmanageable
rules
bearing
little
relation
one
another
coherent
framework
indeed
best
efforts
impose
order
cases
area
produced
conclusion
eleventh
amendment
purposes
line
permitted
prohibited
suits
often
indistinct
ante
hodgepodge
produces
positive
benefits
society
effect
impair
prevent
effective
enforcement
federal
law
highly
unlikely
created
system
federal
law
framers
constitution
eleventh
amendment
nonetheless
intended
law
unenforceable
broad
class
cases
barred
precedents
fact
demonstrated
last
term
atascadero
framers
intended
thing
magnitude
mistake
increased
changes
taken
place
law
society
since
hans
louisiana
took
first
step
path
national
government
federal
law
play
much
important
role
protecting
rights
individuals
today
stare
decisis
support
continued
adherence
unfortunate
doctrine
stare
decisis
indeed
force
reckoned
although
felt
particularly
constrained
stare
decisis
expanding
protective
mantle
sovereign
immunity
see
pennhurst
state
school
hospital
halderman
stevens
dissenting
atascadero
state
hospital
scanlon
supra
stevens
dissenting
however
chief
justice
taney
observed
authority
construction
constitution
ultimately
depend
altogether
force
reasoning
supported
passenger
cases
dissenting
opinion
eleventh
amendment
jurisprudence
supported
history
sound
legal
reasoning
simply
bad
law
matters
great
institutional
importance
stare
decisis
must
yield
justice
blackmun
concurring
part
dissenting
part
today
holds
petitioners
breach
trust
claims
barred
eleventh
amendment
agree
petitioners
claim
mississippi
breached
legal
obligations
placed
federal
law
agree
justice
brennan
eleventh
amendment
never
intended
bar
suits
ante
brennan
concurring
part
concurring
judgment
part
dissenting
part
even
eleventh
amendment
normally
bar
suits
state
citizens
believe
state
willingly
accepts
substantial
benefit
federal
government
waives
immunity
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amendment
consents
suit
intended
beneficiaries
federal
assistance
see
green
mansour
blackmun
dissenting
atascadero
state
hospital
scanlon
blackmun
dissenting
edelman
jordan
marshall
dissenting
enabling
act
gave
mississippi
benefits
statehood
including
protections
afforded
eleventh
amendment
expressly
incorporated
northwest
ordinance
required
reservation
lands
benefit
public
education
see
act
mar
stat
act
giving
mississippi
chickasaw
cession
lieu
lands
expressly
provided
lands
held
upon
terms
conditions
respects
said
state
holds
lands
heretofore
reserved
use
schools
said
state
act
july
stat
neither
district
appeals
addressed
nature
conditions
federal
government
placed
upon
mississippi
use
lieu
lands
notes
discussing
petitioners
equal
protection
claims
federal
government
may
intended
bind
mississippi
use
lands
solely
benefit
schoolchildren
particular
township
school
lands
originally
attached
ante
moreover
mississippi
apparently
concluded
matter
state
law
school
lands
constitute
property
held
trust
benefit
public
schools
must
treated
miss
code
ann
supp
thus
fuller
consideration
actual
terms
federal
government
conveyed
lieu
lands
mississippi
might
reveal
state
waived
immunity
suit
absent
eleventh
amendment
bar
complaint
survive
motion
dismiss
petitioners
made
several
allegations
read
fairly
suggest
mississippi
use
lieu
lands
solely
benefit
chickasaw
cession
schoolchildren
claim
state
leased
lieu
lands
minimal
sum
converted
lease
holds
outright
ownership
without
payment
additional
consideration
invested
entire
proceeds
generated
disposition
lieu
lands
railroad
stock
decided
pay
interest
hypothetical
fund
created
replace
lost
lieu
lands
proceeds
believe
assertions
must
taken
true
stage
proceedings
sufficiently
articulate
claim
state
legislature
acted
aid
interests
land
speculators
railroads
economic
development
entire
state
expense
chickasaw
cession
children
violation
trust
obligation
federal
government
intended
impress
trust
upon
lieu
lands
state
trustee
chickasaw
cession
schoolchildren
beneficiaries
children
right
action
state
breach
fiduciary
duty
recognizes
damages
proper
remedy
breach
fiduciary
duty
corpus
trust
entirely
lost
see
ante
thus
reasons
expressed
justice
marshall
edelman
jordan
believe
petitioners
entitled
damages
proved
trial
breach
trust
alleged
therefore
reverse
appeals
dismissal
petitioners
claims
remand
issue
fuller
consideration
justice
powell
chief
justice
justice
rehnquist
join
concurring
part
dissenting
part
public
record
refutes
petitioners
equal
protection
claims
disparities
funding
various
school
lands
detrimentally
affects
students
schools
school
districts
within
chickasaw
cession
statistics
mississippi
state
department
education
show
ranking
school
districts
terms
expenditures
per
pupil
ranking
chickasaw
cession
districts
scattered
widely
among
state
school
districts
moreover
far
critical
element
school
funding
mississippi
alleged
petitioners
sixteenth
section
lands
account
overall
funds
provided
schools
therefore
find
basis
assumption
petitioners
prove
students
chickasaw
cession
districts
detrimentally
affected
differential
believe
petitioners
asserted
equal
protection
claim
survive
motion
dismiss
federal
rule
civil
procedure
brief
procedural
history
helpful
putting
litigation
perspective
petitioners
include
group
county
school
boards
superintendents
education
individual
schoolchildren
residing
chickasaw
cession
counties
north
mississippi
june
petitioners
sued
numerous
federal
state
officials
attacking
difference
one
hand
payments
sixteenth
section
lands
school
district
chocktaw
area
hand
payments
state
mississippi
trust
fund
school
districts
within
chickasaw
cession
place
income
chickasaw
school
lands
complaint
recounted
alleged
illegalities
far
back
northwest
territory
ordinance
sought
various
federal
statutes
purport
authorize
validate
confirm
sales
sixteenth
section
lands
declared
unlawful
void
unenforceable
including
limited
act
july
act
may
act
march
acts
congress
said
effect
app
citations
omitted
complaint
also
alleged
federal
state
defendants
breached
perpetual
binding
obligations
trust
federal
defendants
permitting
state
breach
trust
various
statutes
northwest
territory
ordinance
state
defendants
unlawfully
selling
relevant
properties
investing
proceeds
sale
complaint
alleged
violations
due
process
denial
free
appropriate
public
education
relevance
case
stands
violations
equal
protection
disparate
distribution
certain
funds
infringement
upon
fundamental
rights
suspect
class
minimally
adequate
level
education
finally
complaint
alleged
impairment
obligation
contract
taking
without
compensation
petitioners
sought
relief
including
conveyance
properties
money
value
equivalent
relevant
school
lands
compensation
income
present
petitioners
received
lands
subjected
prudent
use
reasonable
management
petitioners
also
sought
obtain
new
lands
substitution
lost
may
include
offshore
oil
gas
mineral
rights
petitioners
additionally
sought
enjoin
direct
defendants
establish
fund
funds
value
necessary
provide
hereafter
perpetuity
annual
income
chickasaw
cession
school
districts
finally
petitioners
demanded
defendants
take
steps
eliminate
compensate
future
guarantee
protect
plaintiffs
plaintiff
class
denials
deprivations
rights
due
process
law
equal
protection
laws
district
held
claims
federal
government
barred
sovereign
immunity
laches
statutes
limitations
order
appealed
separate
order
district
held
monetary
remedy
barred
eleventh
amendment
holding
affirmed
appeals
today
agree
disposition
also
reach
issues
raised
allegations
denial
fundamental
right
minimally
adequate
education
see
ante
however
agree
holding
petitioners
equal
protection
allegations
regarding
disparate
distribution
funds
present
claim
sufficient
substance
survive
motion
dismiss
federal
rule
civil
procedure
ii
begins
discussion
petitioners
equal
protection
claim
ante
acknowledging
appropriate
take
notice
relevant
facts
obtained
public
record
light
favorable
petitioners
ante
recent
figures
available
state
department
education
mississippi
read
light
fatally
undercut
petitioners
equal
protection
claims
alleged
accepted
true
disparity
payments
sixteenth
section
lands
chocktaw
districts
payments
state
mississippi
trust
fund
chickasaw
districts
complaint
characterizes
disparity
unjust
inequitable
unconstitutional
deprivation
rights
children
chickasaw
cession
counties
app
reads
complaint
alleging
unequal
distribution
funds
acts
detriment
chickasaw
cession
schools
students
ante
complaint
however
contains
factual
assertions
disparity
support
conclusory
allegations
basis
believing
detriment
ever
proved
shown
table
various
per
pupil
expenditures
petitioners
school
districts
comparable
cases
higher
average
districts
within
chocktaw
area
sixteenth
section
payments
figures
table
demonstrate
beyond
argument
insignificant
part
total
payments
sources
made
mississippi
school
districts
question
data
instead
petitioners
limited
challenging
discrimination
sixteenth
section
program
relying
limitation
decline
dissent
invitation
look
school
receipts
overall
ante
thereby
ignores
undisputed
facts
concerning
funding
public
education
state
mississippi
instead
bases
equal
protection
analysis
overall
funds
provided
public
secondary
elementary
schools
state
equal
protection
clause
least
context
state
funding
schools
concerned
substance
de
minimis
variations
funding
among
districts
table
appendix
opinion
school
finances
shows
chickasaw
cession
school
districts
fact
distributed
throughout
financial
ranking
state
school
districts
whether
measure
used
current
expenditure
per
pupil
current
expenditure
per
pupil
instruction
cost
current
expenditure
per
pupil
less
transportation
specifically
table
shows
average
per
pupil
expenditure
went
towards
instructional
cost
school
districts
within
chickasaw
cession
districts
spent
within
per
pupil
average
expenditure
two
spent
within
average
per
pupil
instructional
expenditure
per
pupil
expenditure
chickasaw
district
lowest
per
pupil
expenditure
chickasaw
district
highest
expenditure
light
figures
expenditures
per
pupil
believe
alleged
difference
average
per
pupil
payment
sixteenth
section
lands
average
per
pupil
payment
state
trust
fund
place
chickasaw
school
lands
creates
detriment
students
schools
within
chickasaw
cession
thereby
gives
rise
violation
equal
protection
standard
although
figures
expenditures
per
pupil
fatal
petitioners
claims
second
set
statistics
provides
additional
reason
conclude
equal
protection
claim
concerning
alleged
disparities
sixteenth
section
lands
survive
motion
dismiss
federal
rule
civil
procedure
shown
table
receipts
public
schools
payments
received
sixteenth
section
lands
accounted
less
total
receipts
public
schools
throughout
state
sixteenth
section
payments
dwarfed
income
state
federal
funds
million
totaling
receipts
public
schools
variations
among
school
districts
small
part
total
receipts
support
claim
violation
equal
protection
clause
provision
education
children
chickasaw
cession
districts
iii
petitioners
equal
protection
claims
survive
motion
federal
rule
civil
procedure
light
distribution
chickasaw
cession
districts
throughout
statewide
rankings
various
expenditures
per
pupil
insignificance
sixteenth
section
funds
relative
total
receipts
education
accordingly
dissent
appendix
opinion
powell
table
school
financesfn
average
average
average
current
current
current
expenditure
expenditure
expenditure
per
pupil
per
pupil
per
pupil
instruction
ada
less
ada
cost
ada
transportation
district
amount
rank
amount
rank
amount
rank
natchez
adams
alcorn
corinth
amite
attala
kosciusko
benton
bolivar
bolivar
bolivar
bolivar
bolivar
bolivar
calhoun
carroll
chickasaw
houston
okolona
choctaw
claiborne
enterprise
quitman
cons
clay
west
point
coahoma
cty
clarksdale
copiah
hazlehurst
covington
desoto
school
finances
continued
average
average
average
current
current
current
expenditure
expenditure
expenditure
per
pupil
per
pupil
per
pupil
instruction
ada
less
ada
cost
ada
transportation
district
amount
rank
amount
rank
amount
rank
forrest
hattiesburg
petal
franklin
george
greene
grenada
hancock
bay
louis
harrison
biloxi
gulfport
long
beach
pass
christian
hinds
jackson
clinton
holmes
durant
humphreys
itawamba
jackson
moss
point
ocean
springs
pascagoula
east
jasper
west
jasper
jefferson
jefferson
davis
jones
laurel
kemper
lafayette
oxford
school
finances
continued
average
average
average
current
current
current
expenditure
expenditure
expenditure
per
pupil
per
pupil
per
pupil
instruction
ada
less
ada
cost
ada
transportation
school
finances
continued
average
average
average
current
current
current
expenditure
expenditure
expenditure
per
pupil
per
pupil
per
pupil
instruction
ada
less
ada
cost
ada
transportation
district
amount
rank
amount
rank
amount
rank
starkville
north
panola
south
panola
pearl
river
picayune
poplarville
perry
richton
north
pike
south
pike
mccomb
pontotoc
pontotoc
prentiss
baldwyn
booneville
quitman
rankin
pearl
scott
forest
anguilla
line
sharkey
issaquena
simpson
smith
stone
sunflower
drew
indianola
tallahatchie
tallahatchie
tate
senatobia
school
finances
continued
average
average
average
current
current
current
expenditure
expenditure
expenditure
per
pupil
per
pupil
per
pupil
instruction
ada
less
ada
cost
ada
transportation
district
amount
rank
amount
rank
amount
rank
north
tippah
south
tippah
tishomingo
iuka
tunica
union
new
albany
walthall
warren
vicksburg
hollandale
leland
western
line
greenville
wayne
webster
wilkinson
louisville
coffeeville
water
valley
yazoo
holly
bluff
yazoo
city
statewide
average
chickasaw
average
chocktaw
average
table
receipts
public
schools
state
dept
ed
per
capita
minimum
program
vocational
ed
chickasaw
homestead
exemption
efc
payments
severance
tax
driver
penalty
funds
textbook
school
lunch
adult
ed
educable
children
ed
reform
act
total
state
funds
source
federal
funds
state
dept
ed
vocational
ed
national
forest
tva
ecia
ch
ecia
ch
esea
oeo
soc
sec
tit
xx
ceta
emp
sec
comm
school
lunch
sp
milk
nonfood
asst
school
lunch
commodities
food
adult
ed
education
handicapped
act
ceta
governor
office
total
federal
funds
receipts
public
schools
continued
ad
valorem
tax
mineral
lease
tax
tuition
patrons
transp
fees
patrons
sixteen
section
income
interest
investments
intermediate
source
bond
int
fund
receipts
school
lunch
student
activity
total
local
sources
total
revenue
receipts
nonrevenue
receipts
sale
bonds
sale
assets
insurance
loss
recovery
loans
total
nonrevenue
receipts
total
revenue
nonrevenue
receipts
source
mississippi
state
board
education
annual
report
state
superintendent
public
education
mississippi
state
department
education
annual
report
state
superintendent
public
education
tables
infra
taken
report
pp
respectively
agree
petitioners
claims
barred
eleventh
amendment
therefore
join
part
ii
opinion
one
rarely
sees
complaint
sweeping
allegations
duplicative
requests
relief
apparently
question
raised
respondents
district
whether
signing
complaint
counsel
petitioners
complied
rule
federal
rules
civil
procedure
rule
reads
pertinent
part
signature
attorney
party
constitutes
certificate
read
pleading
motion
paper
best
knowledge
information
belief
formed
reasonable
inquiry
well
grounded
fact
warranted
existing
law
good
faith
argument
extension
modification
reversal
existing
law
interposed
improper
purpose
harass
cause
unnecessary
delay
needless
increase
cost
litigation
despite
complaint
alleged
denial
equal
protection
respect
funding
chickasaw
cession
school
districts
noted
supra
funds
overall
funding
elementary
secondary
schools
within
state
disparity
versus
appeals
petition
certiorari
give
relevant
figures
papasan
pet
cert
former
figures
derived
unaudited
aggregation
reports
individual
school
districts
presented
november
report
chickasaw
cession
districts
state
auditor
secretary
state
app
case
arose
rule
motion
use
disparity
favorable
plaintiffs
state
distributes
funds
equally
throughout
mississippi
school
districts
basis
teacher
unit
see
miss
code
ann
supp
tr
oral
arg
many
total
funding
among
districts
mississippi
varies
depending
upon
local
ad
valorem
taxes
district
sources
see
table
see
also
san
antonio
independent
school
dist
rodriguez
discrepancies
sixteenth
section
lands
frequently
offset
part
entirely
ad
valorem
taxes
variations
local
funding
sources
sixteenth
section
lands
almost
always
greater
alleged
disparity
relied
case
see
annual
report
supra
listing
revenue
receipts
local
sources
another
reason
dismiss
petitioner
claims
system
financing
mississippi
public
schools
bears
substantial
similarity
financing
arrangement
state
texas
upheld
san
antonio
independent
school
dist
rodriguez
supra
rodriguez
almost
half
revenues
funding
elementary
secondary
schools
came
large
program
designed
provide
basic
minimal
education
every
school
school
district
supplement
state
federal
funds
ad
valorem
tax
property
within
jurisdiction
similarly
mississippi
provides
district
funds
support
minimum
program
education
see
miss
code
ann
et
seq
supp
funds
constitute
half
receipts
public
schools
federal
funds
constitute
another
remaining
receipts
mississippi
school
districts
ad
valorem
taxes
levied
vary
among
local
school
districts
account
see
table
infra
mississippi
financing
system
like
texas
hile
assuring
basic
education
every
child
state
permits
encourages
large
measure
participation
control
district
schools
local
level
rodriguez
supra
also
note
mississippi
taken
numerous
steps
ensure
adequacy
important
single
factor
education
quality
teachers
state
established
commission
teacher
administrator
education
oversee
training
certification
evaluation
public
school
teachers
throughout
mississippi
miss
code
ann
supp
guaranteed
minimum
teachers
salaries
may
augmented
local
districts
scale
pay
increases
based
tenure
merit
guarantee
reduction
local
supplements
salary
set
minimum
standards
teachers
competency
requirement
teachers
employed
july
take
national
teachers
examination
county
office
prorated
consolidated
districts
ada
fn
school
districts
within
chickasaw
cession
denoted
italic
typeface
school
districts
partially
within
chickasaw
cession
also
italic
type
source
mississippi
state
board
education
annual
report
state
superintendent
public
education