25 YEARS AFTER RODRIGUEZ - SCHOOL-FINANCE LITIGATION AND THE IMPACT OF THE NEW JUDICIAL FEDERALISM

Authors
Citation
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
Citations number
50
Categorie Soggetti
Law,Sociology
Journal title
ISSN journal
00239216
Volume
32
Issue
1
Year of publication
1998
Pages
175 - 220
Database
ISI
SICI code
0023-9216(1998)32:1<175:2YAR-S>2.0.ZU;2-8
Abstract
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.