UNITED STATES of America, Plaintiff,
v.
COMMONWEALTH OF VIRGINIA, et al., Defendants.
United States District Court, W.D. Virginia, Roanoke Division.https://leagle.com/images/logo.png
April 29, 1994.
April 29, 1994.
Attorney(s) appearing for the Case
Earl Montgomery Tucker, Robert P. Crouch, Jr., Richard A. Lloret, U.S. Atty's Office, Roanoke, VA, Nathaniel Douglas, John R. Moore, D. Judith Keith, Michael S. Maurer, Gary A. Haugen, Dana R. Carstarphen, U.S. Dept. of Justice Civ. Rights Div., Washington, DC, for U.S.
James A.L. Daniel, Daniel, Vaughan, Medley & Smitherman, P.C., Danville, VA, Joel I. Klein, Onek, Klein & Farr, Washington, DC, for Com. of Va.
Walter Alexander McFarlane, Com. of VA, Office of the Governor, Richmond, VA, James A. Dunbar, Venable, Baetjer & Howard, Baltimore, MD, for Lawrence Douglas Wilder.
J. William Boland, William G. Broaddus, Robert H. Patterson, Jr., McGuire, Woods, Battle & Boothe, Richmond, VA, for Virginia Military Institute, Board of Visitors of Virginia Military Institute.
J. William Boland, William G. Broaddus, McGuire, Woods, Battle & Boothe, Richmond, VA, William B. Poff, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, Robert H. Patterson, Jr., McGuire, Woods, Battle & Boothe, Richmond VA, for VMI Foundation, Inc., VMI Alumni Ass'n.
James S. Gilmore, III, Office of the Atty. Gen., William Henry Hurd, Richmond, VA, William Raymond Rakes, M. Chris Floyd, Gregory Joseph Haley, Gentry, Locke, Rakes & Moore, Roanoke, VA, for State Council of Higher Educ.
James S. Gilmore, III, Office of the Atty. Gen., William Henry Hurd, Richmond, VA, for George F. Allen.
United States District Court, W.D. Virginia, Roanoke Division.
MEMORANDUM OPINION1
KISER, Chief Judge.
This phase of this case ("Remedy") is on remand from the Fourth Circuit. Although the Fourth Circuit agreed that single-sex education was a legitimate pedagogical goal, it criticized the Commonwealth's avowed policy of supporting diversity in higher education through VMI in two respects: First, that there had been no authoritative articulation
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