1. Education Decision Coalitions in the State Supreme Courts.
- Author
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Boyea, Brent D. and Noyola-Martinez, Sonia
- Subjects
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FEDERAL aid to education , *EDUCATION policy , *EDUCATIONAL finance , *SOCIAL policy , *COURTS , *LEGAL judgments - Abstract
In March of 1973, the United States Supreme Court ruled, in the San Antonio I.S.D. vs. Rodriguez case, that the school finance system was not in violation of the federal constitution and that the matter should be resolved by the state. Today, arrays of questions concerning quality of educational opportunities and equity in educational funding have devolved to the states. After that decision the search for legal remedies concerning education shifted to state supreme courts. This paper explores coalition behavior among the state supreme courts concerning education policy. Under what conditions do state supreme court justices decide to vote in favor or against an educational policy case? The authors believe that as final arbiters, state Supreme Court judges consider issues of fact, but also act in a strategic manner balancing these facts, state contextual environments, and personal preferences. Specifically, this paper examines the phenomenon of dissenting opinions and the willingness of state Supreme Court judges to join the majority opinion within the context of education related cases. Evaluating both policy and finance related education cases; the authors seek to understand which conditions contribute to both those decisions favoring "haves" and those favoring "have-nots" separately. [ABSTRACT FROM AUTHOR]
- Published
- 2004
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