Education Law Commons^™

Why Kindergarten Is Too Late: The Need For Early Childhood Remedies In School Finance Litigation, Kevin Woodson

Law Faculty Publications

In the remedial phases of school finance lawsuits, courts and legislatures have sought to provide poor children access to adequate educational opportunities through remedies and reforms focusing almost exclusively on improving educational conditions within elementary and secondary schools. This approach is both inefficient and ineffective. As a large and growing body of scientific and social science research reveals, class-based disparities in quality of care and enrichment during the first years of life can have life-long effects that inhibit the ability of many poor children to succeed academically, thereby depriving them of equal and adequate access to educational opportunity. The failure …

The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan

Notre Dame Law Review

Courtroom battles surrounding school finance and adequacy claims are very much alive today, nearly forty years after their progenitor, Serrano v. Priest. In spawning a potential new chapter in this history, a trial court in California struck down its state’s battalion of teacher tenure and employment laws under a legal analysis based in the education quality that those laws provided. This “landmark” case, Vergara, is generating conversation that its results could be duplicated throughout the nation. In a format familiar to school finance litigation, the Vergara court found that the state’s tenure statutes so detrimentally affected teaching that …

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

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

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

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

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.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Michael Heise

No abstract provided.

Judicial Humility: The Enduring Legacy Of Rose V. Council For Better Education, William E. Thro

Kentucky Law Journal

No abstract provided.

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Kentucky Law Journal

No abstract provided.

Justiciability, Adequacy, Advocacy, And The "American Dream", R. Craig Wood

Kentucky Law Journal

No abstract provided.

The Evolving Role Of The Courts In School Reform Twenty Years After Rose, William S. Koski

Kentucky Law Journal

No abstract provided.

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

Cornell Law Faculty Publications

No abstract provided.

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

Cornell Law Faculty Publications

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.

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

Cornell Law Faculty Publications

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.

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

Cornell Law Faculty Publications

No abstract provided.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

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

Cornell Law Faculty Publications

No abstract provided.

State Court Intervention In School Finance Reform, Annette B. Johnson

Cleveland State Law Review

This article will focus on the nature, appropriateness, and consequences of judicial activism and judicial restraint in the school financing area.