Shifting the burden of proof can expand the reach of a civil rights remedy.

Evidence

If the plaintiff could prove intentional segregation in one part of the school system, the justices held, then the burden of proof shifted to the school board to show that segregation in other parts of the school system did not result from official action. Because proving this was virtually impossible, Keyes in effect permitted district-wide desegregation remedies, including busing, based on violations occurring in only one part of the district. — G. Alan Tarr, Judicial Process and Judicial…, 1563

Categorization

  • XREF: Links to course material on procedural rules and burdens as instruments shaping substantive policy outcomes. — connects to: A charge of bigotry can shift from minority-rights claim to adjunct of state power. — A. Hussain, N. Meer, Framing Muslim Integration, 719

Broader Connections