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State and Local Government Law

Thomas Kleven

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Full-Text Articles in Law

Federalizing Public Education, Thomas Kleven Jul 2015

Federalizing Public Education, Thomas Kleven

Thomas Kleven

This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various models through which society …


Federalizing Public Education, Thomas Kleven Dec 2009

Federalizing Public Education, Thomas Kleven

Thomas Kleven

This article assesses the case for federalizing public education in the United States. The starting point is a conception of democracy I call equitable sharing, meaning that the goods of social life must be equitably distributed among all society’s members. I argue that equitable sharing mandates society to ensure that all children have access to a relatively equal educational opportunity—i.e., a comparable opportunity to advance educationally as far as their abilities, interests and willingness to strive allow—at least through elementary and secondary school. To set the stage for discussing the merits of federalization, I examine various models through which society …


Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven Dec 2008

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …


Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven Dec 2008

Systemic Classism, Systemic Racism: Are Social And Racial Justice Achievable In The United States?, Thomas Kleven

Thomas Kleven

This paper argues that the United States is systemically a highly classist and racist society, that systemic classism and racism are intimately interrelated phenomena, and that reforming this situation requires a mass movement of working class people of all ethnicities for social and racial justice for all. Section II discusses aspects of American society infected by systemic classism and racism. The focus is on the economic system, the local governmental structure, and the political process – central and interrelated features of society’s class and racial hierarchies. The thesis is that these institutions are structured and operate so as to systematically …


Mandating Public School Attendance: A Proposal For Achieving Racial And Class Integration, Thomas Kleven Dec 2007

Mandating Public School Attendance: A Proposal For Achieving Racial And Class Integration, Thomas Kleven

Thomas Kleven

The paper argues that big city school districts should consider mandating that all children attend public school as a means of integrating their schools racially and economically. Many educators believe that racial and class integration is necessary to equalize educational opportunity. A major factor impeding integration is that many minority and lower income children are essentially trapped in inner city schools where most students are from the same socio-economic and ethnic background. Much of this racial and class separation is the result of white and middle class flight to suburbia over the past 50 years or so. Nevertheless, because significant …


Mandating Public School Attendance: A Proposal For Achieving Racial And Class Integration, Thomas Kleven Dec 2007

Mandating Public School Attendance: A Proposal For Achieving Racial And Class Integration, Thomas Kleven

Thomas Kleven

The paper argues that big city school districts should consider mandating that all children attend public school as a means of integrating their schools racially and economically. Many educators believe that racial and class integration is necessary to equalize educational opportunity. A major factor impeding integration is that many minority and lower income children are essentially trapped in inner city schools where most students are from the same socio-economic and ethnic background. Much of this racial and class separation is the result of white and middle class flight to suburbia over the past 50 years or so. Nevertheless, because significant …


The Democratic Right To Full Bilingual Education, Thomas Kleven Dec 2006

The Democratic Right To Full Bilingual Education, Thomas Kleven

Thomas Kleven

The law currently provides no right to bilingual education as such. The state does have a duty to take reasonable steps to overcome the English language deficiencies of children whose native language is not English. If transitional bilingual education is necessary to achieve that end, then it is required. But if not, if, for example, total immersion works as a way to achieve proficiency in English, then bilingual education is not required. Moreover, to the extent it is required, bilingual education may be discontinued once the transition to English is achieved. There is no obligation to enable a non-native English …


Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven Dec 2005

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …


Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven Dec 2005

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …


Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven Dec 2005

Is Capital Punishment Immoral Even If It Deters Murder?, Thomas Kleven

Thomas Kleven

After years of inconclusive debate, recent studies purport to demonstrate that capital punishment does indeed deter murder, perhaps to the tune of multiple saved lives for each person executed. In response to these studies, Professors Sunstein and Vermeule have argued that since capital punishment leads to a net savings of innocent lives, it may be morally required on consequentialist grounds. I argue, even assuming the validity of the studies, that capital punishment cannot be justified in the United States in the current historical context for reasons of justice that trump consequentialist considerations. Mine is not an argument that capital punishment …