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- Aggregate litigation (1)
- Education reform (1)
- Empirical legal studies (1)
- Equal educational opportunity (1)
- Evolutionary behavior (1)
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- Foreigner effect (1)
- Foreigners in U.S. courts (1)
- Individual behavior (1)
- Litigation aversion (1)
- Milliken v. Bradley (1)
- NCLB (1)
- No Child Left Behind Act (1)
- Pierce v. Society of Sisters (1)
- Public schools (1)
- Rational choice theory (1)
- School desegregation (1)
- School finance (1)
- Urban school districts (1)
- Xenophilia (1)
- Xenophobia in American courts (1)
- Xenophobic bias (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
Evidence Of The Need For Aggregate Litigation, Theodore Eisenberg
Evidence Of The Need For Aggregate Litigation, Theodore Eisenberg
Cornell Law Faculty Publications
In the experimental game designed by GÜTH et al. [2007], player 1 has promised to render a service to player 2. Player 1 either invests proper effort or shirks and performance may succeed or fail depending on random fluctuation. When player 1 fails to invest proper effort, and performance occurs or not through luck, player 2 must decide whether to punish player 1’s nonperformance. When the transaction fails, punishment may be sought through suing. When the transaction fails, player 2 may seek revenge or punishment though doing so incurs costs to player 2. The game’s design resembles civil enforcement rather …
Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin M. Clermont, Theodore Eisenberg
Foreigners' Fate In America's Courts: Empirical Legal Research, Kevin M. Clermont, Theodore Eisenberg
Cornell Law Faculty Publications
This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners’ aversion to U.S. forums can elevate the foreigners’ success rates, when measured as a percentage of …