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Articles 1 - 9 of 9
Full-Text Articles in Law
Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow
University of Miami Law Review
In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …
Inequitable Schools Demand A Federal Remedy, Kimberly J. Robinson
Inequitable Schools Demand A Federal Remedy, Kimberly J. Robinson
Law Faculty Publications
It is not often that the U.S. Supreme Court admits that one of its previous decisions, especially one that shaped the fabric of our nation, was fundamentally wrong. One such instance occurred in 1954, when the court famously declared, in Brown v. Board of Education, that the doctrine of “separate but equal” public schools for black children and white children was unconstitutional. In Brown, the court overturned, for public schools, its approval of this doctrine in Plessy v. Ferguson (1896) and established that segregated schools violated the equal protection clause of the Fourteenth Amendment. The court also proclaimed that …
The K-12 Funding Crisis, Kimberly J. Robinson
The K-12 Funding Crisis, Kimberly J. Robinson
Law Faculty Publications
Current discussions about K-12 education often highlight the reforms that seek to improve the quality of schooling. Some of these measures—the common-core standards, teacher evaluation, and, most recently, the Every Student Succeeds Act—undoubtedly have the potential to improve educational opportunities for students. However, what is often missing from education reform conversations is how these reforms can create sustainable changes to the education system. We believe the system's very foundations are broken, and school funding is one of the most pressing issues in need of repair.
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education, Joshua Arocho
Inhibiting Intrastate Inequalities: A Congressional Approach To Ensuring Equal Opportunity To Finance Public Education, Joshua Arocho
Michigan Law Review
What is the purpose of the international law on armed conflict, and why would opponents bent on destroying each other’s capabilities commit to and obey rules designed to limit their choice of targets, weapons, and tactics? Traditionally, answers to this question have been offered on the one hand by moralists who regard the law as being inspired by morality and on the other by realists who explain this branch of law on the basis of reciprocity. Neither side’s answers withstand close scrutiny. In this Article, we develop an alternative explanation that is based on the principal–agent model of domestic governance. …
Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit
Michigan Law Review
In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts' repeated celebration of education as the "foundation of good citizenship," this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary's civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court's refusal in San Antonio v. Rodriguez to recognize education as …
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
Michigan Journal of Race and Law
After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class …
Education Finance Reform Litigation And Separation Of Powers: Kentucky Makes Its Contribution, Troy Reynolds
Education Finance Reform Litigation And Separation Of Powers: Kentucky Makes Its Contribution, Troy Reynolds
Kentucky Law Journal
No abstract provided.
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
Disparity In Financing Public Education: Is There An Alternative To Rodriguez?
University of Richmond Law Review
Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …