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Full-Text Articles in Law

Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan Mar 2018

Getting Power Back: Court Restoration Of Executive Authority In Boston City Government (1985), Marcy Murninghan

New England Journal of Public Policy

This article, originally published in 1985, is based partly on the author’s experience with the Boston school desegregation case, but goes beyond it. It chronicles some of the events that occurred when a state and a federal court attempted to disengage from active jurisdiction over two Boston public systems: the Boston Public Schools and the Boston Housing Authority. It makes three proposals, which, if enacted, would help to keep the courts out of day-to-day management of municipal operations. It also makes some generalizations about the court-agency interplay that are relevant to the post-remedial phase of institutional reform litigation. The author …


Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan Mar 2018

Behind The Numbers: Conditions Of Schooling In Boston (1981), Marcy Murninghan

New England Journal of Public Policy

This article includes portions of a report on the structure, governance, operations, and effectiveness of the Boston School Committee that was commissioned by the Boston Municipal Research Bureau in 1980. The passages provide an overview of the mandate, background, and recommendations, examining how a set of prominent professionals and citizens viewed the problem facing school department governance, including its isolation and the longstanding credibility gap fueled by patronage politics. It also looks at continued tensions between “equality” and “quality,” which occupied the heart of court-ordered desegregation; rising demands on a system that lacked the capacity to serve a broad array …


Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood Mar 2005

Looking Back Without Anger: Reflections On The Boston School Crisis, Robert Wood

New England Journal of Public Policy

This article is taken from the unpublished autobiography of Robert Wood who served as Superintendent of Boston Public Schools from 1978 to 1980 during the difficult period when U.S. District Court Judge W. Arthur Garrity was overseeing court ordered desegregation of schools. After leaving the University of Massachusetts in January 1978, Robert Wood spent six months at the Harvard Graduate School of Education working on a book and considering a possible run for the United States Senate. Suggestion as to his next assignment, however, came from an unexpected source, as he describes below.


The Impact Of The State Constitutional Convention Of 1917 On State Aid To Higher Education In Massachusetts, John P. Whittaker Mar 1991

The Impact Of The State Constitutional Convention Of 1917 On State Aid To Higher Education In Massachusetts, John P. Whittaker

New England Journal of Public Policy

The Massachusetts State Constitutional Convention of 1917 marked a turning point in the development of higher education in the state. An amendment adopted at the convention put an end to a long tradition of direct state appropriations to support the development of private colleges and to proposals for cooperative efforts between various state agencies and private institutions. After that time, only state institutions would receive state support. This decision resulted from an attempt to resolve an intense debate over the use of public funding for sectarian and other private institutions, which reflected the intense religious and class conflict inherent in …


Social Investment In Massachusetts Public Higher Education: A Comparative Analysis, Clyde W. Barrow Mar 1991

Social Investment In Massachusetts Public Higher Education: A Comparative Analysis, Clyde W. Barrow

New England Journal of Public Policy

State expenditures on public higher education are increasingly viewed as a social investment that is necessary to sustain economic growth in a postindustrial economy. However, an analysis of comparative data indicates that state support for such education was below national averages during the 1980s and, when compared to its major competitor states, Massachusetts ranks poorly in support for these institutions. This article concludes that unless state support is increased over the next decade, Massachusetts will risk losing its competitive economic position, while educational administrators will be forced to choose between access or quality in public higher education.