Ds. Reed, 25 YEARS AFTER RODRIGUEZ - SCHOOL-FINANCE LITIGATION AND THE IMPACT OF THE NEW JUDICIAL FEDERALISM, Law & society review, 32(1), 1998, pp. 175-220
This article examines the impact of state-level school finance litigat
ion conducted in the wake of San Antonio Independent School District v
. Rodriguez. State supreme courts have handed down decisions in 36 sta
tes since the Rodriguez decision in 1973. The article looks at how the
se decisions have affected the distribution of educational resources i
n eight states-five states in which school finance activists have won
and three in which they lost. The author shows that state supreme cour
ts can have a significant impact on both the equity of school finance
systems and their adequacy. This finding rebuts scholars who have rece
ntly argued that courts, acting alone, cannot achieve significant soci
al or political change in the face of public opposition. The article a
lso explores why some state supreme courts are more successful than ot
hers, putting forward a policy-centered model of judicial efficacy tha
t takes into account the peculiarities of school finance as a policy i
ssue.