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From race to speech, from religion to school funding, from discipline to special education, few aspects of education policy have escaped the courtroom over the past fifty years. Predictably, much controversy has ensued. Supporters of education litigation contend that the courts are essential to secure student (and civil) rights, while critics insist that the courts distort policy and that the mere threat of litigation undermines the authority of teachers and administrators.

From Schoolhouse to Courthouse brings together experts on law, political science, and education policy to test these claims. Shep Melnick (Boston College) and James Ryan (University of Virginia School of Law) draw lessons from judicial efforts to promote school desegregation and civil rights. Martha Derthick (University of Virginia), John Dinan (Wake Forest University), and Michael Heise (Cornell Law School) discuss litigation over high-stakes testing and school finance in the era of No Child Left Behind. Richard Arum (New York University), Samuel R. Bagenstos (Washington University Law School), and Frederick M. Hess (American Enterprise Institute) analyze the consequences of court rulings for school discipline, special education, and district management. Finally, editors Joshua Dunn and Martin R. West probe the tangled relationship between religious freedom, student speech, and school choice.

Table of Contents

  1. Cover
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  1. Title Page, Copyright
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  1. Contents
  2. pp. v-vi
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  1. Foreword
  2. Chester E. Finn Jr.
  3. pp. vii-x
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  1. Acknowledgments
  2. pp. xi-xii
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  1. Part One: Context
  2. pp. 1-2
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  1. 1. The Supreme Court as School Board Revisited
  2. Martin R. West, Joshua M. Dunn
  3. pp. 3-16
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  1. 2. Taking Remedies Seriously: Can Courts Control Public Schools?
  2. R. Shep Melnick
  3. pp. 17-48
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  1. 3. School Superintendents and the Law: Cages of Their Own Design?
  2. Frederick M. Hess, Lance D. Fusarelli
  3. pp. 49-70
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  1. Part Two: Settled Issues
  2. pp. 71-72
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  1. 4. The Real Lessons of School Desegregation
  2. James E. Ryan
  3. pp. 73-95
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  1. 5. School Finance Litigation: The Third Wave Recedes
  2. John Dinan
  3. pp. 96-120
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  1. 6. The Judiciary’s Now-Limited Role in Special Education
  2. Samuel R. Bagenstos
  3. pp. 121-141
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  1. 7. Pass or Fail? Litigating High-Stakes Testing
  2. Michael Heise
  3. pp. 142-164
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  1. Part Three: Persistent Conflicts
  2. pp. 165-166
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  1. 8. School Choice Litigation after Zelman
  2. Martin R. West
  3. pp. 167-188
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  1. 9. Talking about Religion: Separation, Freedom of Speech, and Student Rights
  2. Joshua M. Dunn
  3. pp. 189-212
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  1. 10. Litigation under No Child Left Behind
  2. Martha Derthick
  3. pp. 213-237
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  1. 11. Still Judging School Discipline
  2. Richard Arum, Doreet Preiss
  3. pp. 238-260
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  1. Contributors
  2. pp. 261-262
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  1. Index
  2. pp. 263-276
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  1. Back Cover
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Additional Information

ISBN
9780815703839
MARC Record
OCLC
898027735
Pages
275
Launched on MUSE
2015-01-01
Language
English
Open Access
No
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