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5th Cir administrative affirmative action applied arbitration Ass'n Attorney award Board of Educ Brown busing Byram Twp challenge Civil Rights Act claim class action suit classification classroom College CONG Congress constitutional rights contract Court decision Court of Appeals court ruled damages defendant desegregation dismissal due process employment equal protection clause federal courts Federal District Court forced busing Fourteenth Amendment impasse resolution involved issue judicial Justice legislation liberty interest limited litigation mandatorily ment minority N.J. App negotiable NJPER nontenured parents parochial schools PERC persons plaintiff President procedures property interest public employee public school pupil qualified immunity question race racial reasons school board school desegregation School Dist school districts school system segregation Senator separate but equal sex discrimination statute strict scrutiny student records Supp supra note teachers tion U.S. Civil Rights U.S. Supreme Court violation WERC