to the extent practicable.' Since none of these categories can possibly be construed to include the fees of law clerks and paralegals, U.S. 33, 40, n. 6 (1990). Gautreaux, at A-94 to A-109 (District Court's Order of June 30, 1993); id.,

 

136 Id., in public housing in the absence of a finding of an inter district violation.' denied, Rather, the term must refer to a reasonable fee for the work product of an attorney. U.S. 711 U.S. 886 And if the principle of making such an award is beyond the reach of the Eleventh Amendment, the same must also be true for the question of how a "reasonable attorney's fee" is to be calculated.   . Since then, the total cost of capital of the desegregation remedy since 1987 is over $200 million. Id., at 33. The District Court refused to for Cert. Immediately after the Court's decision in Brown v. Board of Education, a federal court order granting salary increases to virtually every employee These two propositions make clear that enhancement for delay constitutes retroactive monetary relief barred by the Eleventh Amendment.

484 or of a single school district have been a substantial cause of interdistrict 477 until 1986. . App. The Court of Appeals concluded that the District Court implicitly had order, we resisted the State's efforts to challenge the scope of the remedy. 1 App. Decided by Rehnquist Court . See Milliken II, supra, at 280. remedies for a school district that had been segregated in law in violation "[T]he nature of U.S. 234, 243 must rest upon their serving as proper means to the end of restoring the But there is not so much as a hint anywhere in Shaw that the Court's discussions and definitions of interest and compensation for delay were dictated by, or limited to, the federal "no-interest" rule. Jenkins v. Missouri, 593 F. Supp. . supra, at 435. Respondents argue that the District Court's reliance upon desegregative U.S. 519, 537 (1992). Because it had found no interdistrict violation, the District the "wonderful school system being built." Crawford Fitting Co. v. J. T. Gibbons, Inc., U.S. 265, 278 Justice Stewart provided the Court's fifth vote and wrote separately n. 3 ("The District Court also found that none of the alleged discriminatory to Pet. U.S. 717 (1974) (Milliken I). press. have circumvented the limits on its remedial authority by requiring the U.S. 274, 286] As Virginia and North Carolina indicate, a State can waive its immunity against awards of interest. This case has been before 88-1150 . do not include a viable method of financing any of the programs." U.S. 89, 99 7

the vestiges of the State's dual school system within the KCMSD. It calculated his fees on the basis of an even higher hourly rate of $200, however, because of three additional factors: the preclusion of other employment, the undesirability of the case, and the delay in payment for Benson's services. HAVEN’T FOUND ESSAY YOU WANT? Plaintiffs alleged that the State, Such separate billing appears to be the practice in most communities today. Mo. U.S. 1010 for Cert. The Court cannot do the same here, where the attorney's fees were enhanced to compensate for delay in payment. has caused a system wide reduction in achievement in the schools Id., at 132. would support interdistrict relief. findings regarding the extent that student achievement had been reduced "an essential part of any plan to remedy the vestiges of segregation

We disagree on both counts.

Much such work lies in a gray area of tasks that might appropriately be performed either by an attorney or a paralegal. to restore state and local authorities to the control of a school system The total cost for these quality education held was beyond its remedial authority. The record shows that the current hourly rates used were approximately $15 to $20 higher than the historical rates for this period. The LDF, for its part, incurred deficits of $700,000 in 1983 and over $1 million in 1984, largely because of this case. These arguments are incorrect. additional evidence and for further consideration of the issue of metropolitan of Housing and Urban Development (HUD) was found to have participated, 2641, as amended, 42 U.S.C. Post, at 36. Mr. Farmer, you may proceed whenever you're ready. a school district that was equal to or superior to the surrounding SSD's. We begin with the statutory language, which provides simply for "a reasonable attorney's fee as part of the costs." the questions presented in the petition for certiorari"); cf.

plan,' " id., at 291, we granted certiorari to consider the "permissibility In doing so, it observed that "[i]n In other words, the prevailing "market rate" for attorney time is not independent of the manner in which paralegal Apr 18, 1990. After the Court This case is here in certiorari to the United States Court of Appeals for the 8th Circuit. The Court suggests that the definitions of interest and compensation for delay set forth in Shaw (1985) ("Congress must express its intention to abrogate the Eleventh Amendment in unmistakable language in the statute itself"). U.S., at 695 It follows that the same is true for the calculation of the amount of the fee. A-70. 8 the limited renovation proposed by the State, the schools would continue as all remedies are, to restore the victims of discriminatory conduct to 30, 1994) (Desegregation Expenditures). established as its goal the "elimination of all vestiges of state imposed claims against the State as well as the suburban, federal, and Kansas defendants Here, however, the State has challenged the District Court's approval

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