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State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise Feb 2015

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Michael Heise

No abstract provided.


Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise Feb 2015

Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise Feb 2015

Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise

Michael Heise

Professor Heise reports findings from his on-going empirical study of judicial impact in the school finance context. The study employs interrupted time series analyses to explore the independent effect of successful school finance equity court decisions on two key outcome variables, centralization and total educational spending levels. The results cast some doubt about long-held assumptions regarding the efficacy of court decisions. The author argues that the results also uncover important clues that help explain the recent fundamental shift in school finance litigation theory from equity to adequacy.


Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise Feb 2015

Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise Feb 2015

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Michael Heise

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation. This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.