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Full-Text Articles in Law
Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman
Perpetual Evolution: A School's-Focused Public Law Litigation Model For Our Day, James S. Liebman
Faculty Scholarship
In celebrating the monumental accomplishments of the new form of public law litigation that Constance Baker Motley and her colleagues pioneered, this Essay reinterprets their paradigm-shifting body of work in a manner that obliges the current generation of civil rights advocates to change direction. In the hopes of reengaging the affirmative force of constitutional litigation after decades in which it has waned, this Essay argues that the central lesson to be derived from Motley’s generation lies not in the mode of public law litigation it pioneered but in the design of that litigation in the image of the dominant form …
Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise
Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise
Cornell Law Faculty Publications
This Article assesses the likely efficacy of litigation efforts seeking to enhance equal educational opportunity by improving student academic achievement in the nation's urban public schools. Past education reform litigation efforts focusing on school desegregation and finance met with mixed success. Current litigation efforts seeking to improve student academic achievement promise to be even less successful because student academic achievement involves variables and activities located further from the reach of litigation than such variables as a school's racial composition and per pupil spending levels. Moreover, efforts to improve student achievement in the nation's urban public schools--especially high poverty schools--face additional …
Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach
Lawyer, Client, Community: To Whom Does The Education Reform Lawsuit Belong?, Amy Reichbach
Faculty Publications
Important education reform litigation is often undertaken by lawyers with admirable intentions. It is too easy, however, particularly in the context of large, enduring, complex litigation where it is difficult to identify the class, much less name and pursue the class's goals, to lose sight of the client-lawyer relationship and the significance of client autonomy. Several recent lawsuits concerning the enforceability of No Child Left Behind exemplify issues that arise in class representation. In devising legal strategies, lawyers must balance the need to address clients' immediate problems with the pursuit of longer-term strategies for change, such as organization and mobilization. …
No Lawsuit Left Behind, Michael Heise
No Lawsuit Left Behind, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise
Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
The Courts, Educational Policy, And Unintended Consequences, Michael Heise
The Courts, Educational Policy, And Unintended Consequences, Michael Heise
Cornell Law Faculty Publications
Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …
Assessing The Efficacy Of School Desegregation, Michael Heise
Assessing The Efficacy Of School Desegregation, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
The Court Vs. Educational Standards, Michael Heise
The Court Vs. Educational Standards, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.