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Articles 1 - 23 of 23

Full-Text Articles in Law

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise Aug 2016

Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Feb 2015

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Michael Heise

No abstract provided.


The Court Vs. Educational Standards, Michael Heise Feb 2015

The Court Vs. Educational Standards, Michael Heise

Michael Heise

No abstract provided.


The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Feb 2015

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Michael Heise

No abstract provided.


State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise Feb 2015

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Michael Heise

No abstract provided.


Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise Feb 2015

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Michael Heise

No abstract provided.


Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise Feb 2015

Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise

Michael Heise

No abstract provided.


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Feb 2015

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Michael Heise

No abstract provided.


Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise Feb 2015

Courting Trouble: Litigation, High-Stakes Testing, And Education Policy, Michael R. Heise

Michael Heise

High-stakes testing policies did not emerge in an education policy vacuum. Part I of this Article includes a brief description of the major high-stakes tests and their policy rationales. Part II surveys recent litigation challenging one distinct genre of high-stakes testing-high school exit exams. Two cases illustrate courts' current posture toward legal challenges of exit exams. Part III reviews evidence of courts' increased sensitivity to the policy consequences attributable to court decisions that interfere with the implementation of exit exams. Part IV concludes and notes the important normative questions raised by judges' concerns with policy consequences flowing from their decisions.


The Courts, Educational Policy, And Unintended Consequences, Michael Heise Feb 2015

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Michael Heise

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 …


Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise Feb 2015

Public Funds, Private Schools, And The Court: Legal Issues And Policy Consequences, Michael Heise

Michael Heise

No abstract provided.


Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise Feb 2015

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise Feb 2015

Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise

Michael Heise

Professor Heise reports findings from his on-going empirical study of judicial impact in the school finance context. The study employs interrupted time series analyses to explore the independent effect of successful school finance equity court decisions on two key outcome variables, centralization and total educational spending levels. The results cast some doubt about long-held assumptions regarding the efficacy of court decisions. The author argues that the results also uncover important clues that help explain the recent fundamental shift in school finance litigation theory from equity to adequacy.


Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise Feb 2015

Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise Feb 2015

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Michael Heise

By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …


Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk Feb 2015

Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk

Michael Heise

We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …


Assessing The Efficacy Of School Desegregation, Michael Heise Feb 2015

Assessing The Efficacy Of School Desegregation, Michael Heise

Michael Heise

No abstract provided.


Are Single-Sex Schools Inherently Unequal?, Michael Heise Feb 2015

Are Single-Sex Schools Inherently Unequal?, Michael Heise

Michael Heise

No abstract provided.


No Lawsuit Left Behind, Michael Heise Feb 2015

No Lawsuit Left Behind, Michael Heise

Michael Heise

No abstract provided.


Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise Feb 2015

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Michael Heise

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation. This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.


Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise Feb 2015

Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise

Michael Heise

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 …


The Political Economy Of School Choice, Michael Heise, James E. Ryan Feb 2015

The Political Economy Of School Choice, Michael Heise, James E. Ryan

Michael Heise

This paper examines the political economy of school choice and focuses in particular on the role of suburbanites. This group, which we contend is the most important and powerful stakeholder in choice debates, has yet to receive much attention in the commentary. It turns out that suburbanites, by and large, are not wild about school choice, either public or private. Suburbanites are largely satisfied with the schools in their neighborhoods and want to protect the physical and financial independence of those schools (as well as their property values, which are tied to the perceived quality of local schools). School choice …


State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise Feb 2015

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Michael Heise

No abstract provided.