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Full-Text Articles in Education
Racial Indirection, Yuvraj Joshi
Racial Indirection, Yuvraj Joshi
Yuvraj Joshi
The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang
The State Of Education In Lakewood: Can Students In The Religious Community Access Education?, Arthur Lang
Arthur Lang
Lakewood, New Jersey is the fastest growing large town in the country. Of the 28,000 children registered in Lakewood schools, 75% attend private schools, saving the state over $300 million. This leaves the burden of education upon Lakewood families, about 34% of which are below the poverty level. Ninety-nine percent of township students in private schools attend yeshivas. Yeshivas for boys generally do not provide a diploma and provide little or no secular education in high school, while schools for girls provide diplomas and a relatively more rigorous curriculum. Recent Supreme Court decisions regarding state funded vouchers, the charter movement, …
Collective Choice, Justin Schwartz
Collective Choice, Justin Schwartz
Justin Schwartz
This short nontechnical article reviews the Arrow Impossibility Theorem and its implications for rational democratic decisionmaking. In the 1950s, economist Kenneth J. Arrow proved that no method for producing a unique social choice involving at least three choices and three actors could satisfy four seemingly obvious constraints that are practically constitutive of democratic decisionmaking. Any such method must violate such a constraint and risks leading to disturbingly irrational results such and Condorcet cycling. I explain the theorem in plain, nonmathematical language, and discuss the history, range, and prospects of avoiding what seems like a fundamental theoretical challenge to the possibility …
The White Interest In School Integration, Robert A. Garda Jr.
The White Interest In School Integration, Robert A. Garda Jr.
Robert A. Garda
Scholarship concerning desegregation, affirmative action and voluntary integration is primarily, if not exclusively, focused on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools despite these interests underpinning over thirty years of Supreme Court integration jurisprudence. In this article, I explore the academic and social benefits whites receive in multiracial schools, and I do so from a white parent’s perspective. The article begins by explaining the interest-convergence theory and how white interests explain the course and content of the Supreme Court’s desegregation jurisprudence. White parents must understand that their “buy-in” …
Equality, Race And Gifted Education: An Egalitarian Critique Of Admission To New York City's Specialized High Schools, Steven V. Mazie
Equality, Race And Gifted Education: An Egalitarian Critique Of Admission To New York City's Specialized High Schools, Steven V. Mazie
Steven V. Mazie
Educational programs for gifted students face both philosophical and practical challenges from egalitarians. Some object that gifted schools inherently undermine a commitment to equality in education, while others observe that schools for talented students cater to privileged youth and effectively discriminate against disadvantaged minorities. This article taps into recent theorizing on equality to explore an illuminating case study: admissions policies at New York City’s so-called ‘specialized’ high schools. After dismissing less nuanced proposals on both ends of the spectrum, I draw upon Elizabeth Anderson’s theory of ‘democratic egalitarianism’ to argue that, while schools devoted to talented students could be seen …
Bush V. Boumediene: The Court Is Back, Jay Dratler
Bush V. Boumediene: The Court Is Back, Jay Dratler
Jay Dratler
This short article is a follow-up to a piece I wrote two years ago on Hamdan v. Rumsfeld, SSRN No. 913822. While applauding the result in Hamdan, I critiqued the Supreme Court for missing a “teachable moment” and obscuring the great issues at stake in prolixity and mind-numbing technical detail.In this article, I applaud the Boumediene v. Bush Court not only for its result—that the Constitution’s Suspension Clause can require habeas corpus for aliens held abroad under certain circumstances—but for its reasoning and style as well. This time, the majority of five did not miss its “teachable moment,” but placed …
Special Education Funding And Fape In Lakewood, Arthur Lang
Special Education Funding And Fape In Lakewood, Arthur Lang
Arthur Lang
Federal law requires each State to offer a free and appropriate education to students found in private schools. New Jersey grants each private school student found to need special education services $2,135 for a free and appropriate education in a public school, while each student initially found in public schools is granted $14,531 (including categorical aid).
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Agenda Setting, Issue Priorities, And Organizational Maintenance: The U.S. Supreme Court, 1955 To 1994, Jeff L. Yates, Andrew B. Whitford, William Gillespie
Jeff L Yates
In this study, we examine agenda setting by the U.S. Supreme Court, and ask the question of why the Court allocates more or less of its valuable agenda space to one policy issue over others. Our study environment is the policy issue composition of the Court's docket: the Court's attention to criminal justice policy issues relative to other issues. We model the Court's allocation of this agenda space as a function of internal organizational demands and external political signals. We find that this agenda responds to the issue priorities of the other branches of the federal government and the public. …
Law School Diversity As A Compelling State Interest: Justice O'Connor's Application Of Strict Scrutiny And The Promise Of The U.S. Supreme Court's Ruling In Grutter V. Bollinger, James Johnston
James B Johnston
This article discuuses the landmark Grutter v. Bollinger decision in the the context of its ability to promote diversity both in academia and the workplace.
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz
Justin Schwartz
Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …