[DOWNLOAD] "Rethinking Judicial Activism and Restraint in State School Finance Litigation." by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free

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eBook details

• Title: Rethinking Judicial Activism and Restraint in State School Finance Litigation.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 22, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 352 KB

Description

Although state and local governments devote significant resources toward primary and secondary education, more than forty states have faced some form of litigation aimed at increasing school funding. Such cases have focused on the interdistrict inequalities that stem from states' reliance on local property taxes and, more recently, on deprivations of various constitutionally required levels of educational opportunity. While it sometimes proves difficult for courts to properly balance the principles of judicial review and judicial restraint, few areas have been so vexing as school finance litigation. Indeed, these cases are notable not only for their practical impact but also for their jurisprudential extremes. Some courts have been hesitant to provide even adequate judicial review, while others have seemed almost uninhibited in their willingness to act as quasi-legislatures that set educational goals and states' fiscal policies. This Article examines the various approaches taken by state supreme courts in deciding school finance cases and rejects both jurisprudential extremes in favor of a more moderate approach that better balances the principles of judicial review and judicial restraint. I. THE IMPORTANCE OF EDUCATION

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