Not exact matches
(a) Whenever the Attorney General receives a complaint in writing signed by an individual
to the effect that he is being deprived of or threatened with the loss of his right
to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General
believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment,
to initiate and maintain appropriate legal
proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized
to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such
parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of
proceedings instituted pursuant
to this section.
(2) signed by an individual, or his parent,
to the effect that he has been denied admission
to or not permitted
to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General
believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment,
to initiate and maintain appropriate legal
proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint
to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time
to adjust the conditions alleged in such complaint,
to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such
parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of
proceedings instituted pursuant
to this section, provided that nothing herein shall empower any official or court of the United States
to issue any order seeking
to achieve a racial balance in any school by requiring the transportation of pupils or students from one school
to another or one school district
to another in order
to achieve such racial balance, or otherwise enlarge the existing power of the court
to insure compliance with constitutional standards.
It is further thought that it should reduce the amount of forum shopping which currently takes place where one
party makes a tactical decision
to issue
proceedings in a particular court on the basis that they
believe they will receive a more favourable outcome there than in another court elsewhere.
The judge also noted that Practice Direction 15B, para 1.3, stated that if, during the course of
proceedings, «there is reason
to believe that a
party may lack capacity
to conduct the
proceedings, then the court must be notified and directions sought
to ensure that this issue is investigated without delay».
If the court
believes there is a reasonable possibility of reconciliation, the court shall continue the divorce
proceedings and require that both
parties submit
to marriage counseling.