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Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Foreword: Rights, Remedies, And Rose, Scott R. Bauries
Law Faculty Scholarly Articles
In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to …
Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries
Is There An Elephant In The Room?: Judicial Review Of Educational Adequacy And The Separation Of Powers In State Constitutions, Scott R. Bauries
Law Faculty Scholarly Articles
Scholarship of education finance adequacy litigation has nearly universally acknowledged the thorny separation of powers problem that this form of litigation presents for state courts. This scholarship tacitly assumes a uniform approach to separation of powers among the states – one that defaults to the federal approach. Proposals for adjudicatory reforms purport either to respect separation of powers principles as we know them from federal case law or to reject the notion that such principles should have real operation in any state courts. However, this scholarship has not addressed, or even acknowledged, what would seem to be a very large …