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Articles 1 - 4 of 4
Full-Text Articles in Law
Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh
Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh
Cornell Law Faculty Working Papers
Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.
Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Cornell Law Faculty Working Papers
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise
Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise
Cornell Law Faculty Publications
High-stakes testing policies did not emerge in an education policy vacuum. Part I of this Article includes a brief description of the major high-stakes tests and their policy rationales. Part II surveys recent litigation challenging one distinct genre of high-stakes testing-high school exit exams. Two cases illustrate courts' current posture toward legal challenges of exit exams. Part III reviews evidence of courts' increased sensitivity to the policy consequences attributable to court decisions that interfere with the implementation of exit exams. Part IV concludes and notes the important normative questions raised by judges' concerns with policy consequences flowing from their decisions.
Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed
Cooperative Federalism Post-Schaffer: The Burden Of Proof And Preemption In Special Education, Lara Gelbwasser Freed
Cornell Law Faculty Publications