Introduction

2019 ◽  
pp. 1-32
Author(s):  
Kimberly Jenkins Robinson
Keyword(s):  
United States ◽  
School Finance ◽  
Educational Opportunity ◽  
Federal Court ◽  
The United States ◽  
Right To Education ◽  
Independent School District ◽  
School Finance Litigation ◽  
Essential Questions ◽  
The Right

In this introduction, Kimberly Jenkins Robinson explains that despite some gains from state school finance litigation, educational opportunity and achievement gaps remain prevalent throughout the United States. To address these enduring gaps, many scholars have argued that the United States should recognize a federal right to education, despite the United States Supreme Court’s refusal to recognize this right in San Antonio Independent School District v. Rodriguez. It also is important to note that after decades in state court litigation, advocates have recently returned to federal court to argue for a federal right to education. Therefore, this introduction outlines that the book takes up three timely and essential questions regarding a federal right to education: Should the United States consider recognizing a federal right to education? How could the United States recognize such a right? And what should the right guarantee? The introduction concludes with a summary of each chapter.

scholarly journals The High Cost of The Nation's Current Framework for Education Federalism

2018 ◽  
Author(s):  
Kimberly J. Robinson
Keyword(s):  
United States ◽  
Public Schools ◽  
School Finance ◽  
Educational Opportunity ◽  
The United States ◽  
Equal Educational Opportunity ◽  
Education Politics ◽  
School Finance Litigation ◽  
Major Reform ◽  
Future Work

This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a variety of factors, including the lack of political will to accomplish this goal, the domination of suburban influences over education politics, and the failure of the United States to create a social welfare system that addresses the social and economic barriers that impede the achievement of many poor and minority students.1s In a past work, I also explored some of the reasons that these efforts have failed to ensure equal educational opportunity. In light of this literature, education federalism undoubtedly is not the only factor that has influenced the nation's inability to ensure equal educational opportunity. Nevertheless, it is important to understand the consistent ways in which education federalism has contributed to the ineffectiveness of efforts to ensure equal educational opportunity as scholars propose new avenues to achieve this paramount goal. In addition, in both past and future work, I argue that the nation should consider embracing a new framework for education federalism that would enable the nation to more effectively achieve its goals for public schools. Understanding how education federalism has hindered past reforms is an essential part of exploring how education federalism should be reshaped.

Contested Meanings of Equality: The Unrealized Promise of the Antidiscrimination Principle and the Uncertain Future of a Right to Education

2018 ◽  
Author(s):  
Rachel F. Moran
Keyword(s):  
English Language Learners ◽  
Civil Rights ◽  
School Finance ◽  
English Language ◽  
Educational Opportunity ◽  
Equal Educational Opportunity ◽  
Right To Education ◽  
School Finance Litigation ◽  
The Government ◽  
Uncertain Future

Many people take for granted that the antidiscrimination principle and an equality norm are one and the same. In fact, there are significant differences that should not be overlooked. Education law offers unique insights into the distinctions because school desegregation cases both concretized demands to be free of discrimination and cultivated aspirations to be equal. In the years since 1954, when the U.S. Supreme Court declared that racially separate schools are inherently unequal in Brown v. Board of Education, the antidiscrimination principle has evolved into a requirement that the government be colorblind; that is, public officials must refrain from all consideration of race in their decision-making. A colorblindness requirement can have perverse consequences for equality. Most notably, local school districts today cannot weigh race in making student assignments to promote voluntary integration. Faced with constraints like these, reformers have sought to capitalize on an antidiscrimination principle without sacrificing their goals for equality. For example, federal civil rights statutes designed to protect children with disabilities and English language learners mandate meaningful access to the curriculum as well as protection from discrimination. In school finance litigation, advocates have moved even further away from an antidiscrimination focus. They have demanded recognition of a right to education, an interest that acknowledges every child’s right to flourish. New strategies that push beyond the antidiscrimination principle to promote equal educational opportunity have not been uniformly successful, but they can deepen our understanding of a fair and inclusive educational system.

The Constitutionally Anomalous Right to Education

2018 ◽  
Author(s):  
Joshua E. Weishart
Keyword(s):  
United States ◽  
The United States ◽  
Right To Education ◽  
Half Century ◽  
Judicial Decisions ◽  
The Past ◽  
Form Function ◽  
Past Half Century ◽  
The Right ◽  
Past Half

This chapter clarifies the nature of right to education in the United States. It analyzes the constitutional text and judicial decisions from the past half-century to identify the right’s form, function, and scope. These interrelated, constitutive parts reveal (i) the duties and freedoms conferred by the right, (ii) the purpose and content of those educational entitlements, (iii) the conditions by which the right can be vindicated in courts, and (iv) the range of potential remedies.

scholarly journals The main stages of the process of formation and development of inclusive education in the United States in the context of multicultural educational policy

2021 ◽  
Author(s):  
E.S. Kurysheva
Keyword(s):  
United States ◽  
Educational Policy ◽  
Inclusive Education ◽  
The United States ◽  
Alternative Development ◽  
Right To Education ◽  
Persons With Disabilities ◽  
The Law ◽  
The Right

This article identifies the main stages of the formation of inclusive education (segregative, integrative, inclusive), reveals the evolutionary nature of inclusive education. The article analyzes the content of the main document regulating the right to education of children with alternative development - The Law on Education of Persons with Disabilities (1975).

scholarly journals Niñez, migración y derecho a la educación. Vulnerabilidades y consecuencias en la movilidad Estados Unidos-Oaxaca, México

2021 ◽  
Vol 12 ◽  
pp. 0
Author(s):  
Marta Rodríguez-Cruz
Keyword(s):  
United States ◽  
Qualitative Methodology ◽  
The United States ◽  
Discussion Groups ◽  
Immigration Policies ◽  
Right To Education ◽  
Documentary Analysis ◽  
Ethnographic Observation ◽  
The Right ◽  
Trump Administration

This article aimsto analyze the extent to which the right to education of immigrant and returned children from the United States to Oaxaca, Mexico,is guaranteedafter the Trump administration increased containment of immigration policies with significantrepercussions for adult Mexicans and their offspring. A qualitative methodology integrated by ethnographic observation techniques with and without participation, interviews, discussion groups,and documentary analysis has been used. The main findings show that the infringement of the children’sright to education increases their vulnerability with a decisive impacton their educational, social,and labor present and future. The originality of the study lies in the approach to the consequences of return onchildhoodand their right to education in the state of Oaxaca, not attended enough by migratory studies, which is also a contribution.

A Federal Right to Education

2019 ◽  
Author(s):  
Martha Minow ◽  
Robert C. "Bobby" Scott
Keyword(s):  
United States ◽  
Civil Rights ◽  
The United States ◽  
State Courts ◽  
Constitutional Amendment ◽  
Current Debate ◽  
Federal Law ◽  
Right To Education ◽  
The Right ◽  
Rights Issue

This book brings together an array of leading scholars to engage three critical questions surrounding the current debate over a federal right to education. First, should the United States recognize such a right? The authors of part 1 collectively answer this question as they weigh the arguments for and against. They paint a picture of crippling inequality within our schools—sharing accounts of massive racial and socioeconomic disparities along the way—which compels them to form a nearly unanimous consensus that a federal right to education would reap important benefits for all students. But even assuming this is true, a second question remains as to how the United States could establish such a right. Accordingly, the authors of part 2 explore three different mechanisms for establishing a federal right: implying the right through the Constitution, enacting the right in federal law, or adopting it through a constitutional amendment. Finally, if a federal right to education is recognized, what should it guarantee? The authors of part 3 confront this critical substantive question by weaving novel policy solutions together with evidence-based reforms to present options for ensuring that a federal right to education encompasses the tools and policy levers that are necessary to accomplish the goals that reformers espouse. Their proposals also provide key insights for impactful reforms for state courts interpreting education rights as well state lawmakers seeking to improve educational opportunities and outcomes. In response to these and other fundamental questions about the vast opportunity and achievement gaps of American schoolchildren, this volume builds on the current dialogue—both political and scholarly—that contends that education is the critical civil rights issue of our time.

Lending to the Borrower from Hell

2017 ◽  
Author(s):  
Mauricio Drelichman ◽  
Hans-Joachim Voth
Keyword(s):  
United States ◽  
Sixteenth Century ◽  
Sovereign Debt ◽  
Risk Sharing ◽  
The United States ◽  
Philip Ii ◽  
Loan Contracts ◽  
The Right ◽  
Intelligent Model ◽  
New Evidence

Why do lenders time and again loan money to sovereign borrowers who promptly go bankrupt? When can this type of lending work? As the United States and many European nations struggle with mountains of debt, historical precedents can offer valuable insights. This book looks at one famous case—the debts and defaults of Philip II of Spain. Ruling over one of the largest and most powerful empires in history, King Philip defaulted four times. Yet he never lost access to capital markets and could borrow again within a year or two of each default. Exploring the shrewd reasoning of the lenders who continued to offer money, the book analyzes the lessons from this historical example. Using detailed new evidence collected from sixteenth-century archives, the book examines the incentives and returns of lenders. It provides powerful evidence that in the right situations, lenders not only survive despite defaults—they thrive. It also demonstrates that debt markets cope well, despite massive fluctuations in expenditure and revenue, when lending functions like insurance. The book unearths unique sixteenth-century loan contracts that offered highly effective risk sharing between the king and his lenders, with payment obligations reduced in bad times. A fascinating story of finance and empire, this book offers an intelligent model for keeping economies safe in times of sovereign debt crises and defaults.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

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