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Full-Text Articles in Law

Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace Oct 2023

Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace

Michigan Law Review

In Milliken v. Bradley, the Supreme Court declared “local control” the single most important tradition of public education. Milliken and other related cases developed this notion of a tradition, which has frustrated attempts to achieve equitable school funding and desegregation through federal courts. However, despite its significant impact on American education, most scholars have treated the “tradition of local control” as doctrinally insignificant. These scholars depict the tradition either as a policy preference with no formal legal meaning or as one principle among many that courts may use to determine equitable remedies. This Note argues that the Supreme Court …


Civil Procedure: The Court Stepping Into Education—Cruz-Guzman V. State, 916 N.W.2d 1 (Minn. 2018)., Morgan Richie Jan 2020

Civil Procedure: The Court Stepping Into Education—Cruz-Guzman V. State, 916 N.W.2d 1 (Minn. 2018)., Morgan Richie

Mitchell Hamline Law Review

No abstract provided.


Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez Jan 2010

Sliding Towards Educational Outcomes: A New Remedy For High-Stakes Education Lawsuits In A Post-Nclb World, Christopher A. Suarez

Michigan Journal of Race and Law

Sheff v. O'Neill ushered in a new wave of education reform litigation that may challenge the constitutionality of de facto segregation under state education clauses, but its remedy has been inadequate. This Note proposes a new desegregation remedy-the sliding scale remedy-to address socioeconomic isolation in this unique constitutional context. The remedy employs varying degrees of equity power depending on students' academic outcomes. It balances concerns over local control and separation of powers with the court's need to effectuate right, establishes a clear remedial principle, and ensures that states and school districts focus on students as they implement remedies.


Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney Jan 1997

Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney

Touro Law Review

No abstract provided.


Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver Jan 1985

Liddell V. Missouri: Financing The Ancillary Costs Ofpublic School Desegregation Through A Court-Orderedtax Increase, Daniel P. Shaver

Washington and Lee Law Review

No abstract provided.