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Recent years have seen the spread of a litigation culture in the UK education sector, with members of the public increasingly seeking recourse to the law to appeal, complain, or achieve compensation. The increasing tendency of people to resort to litigation suggests that recourse to the law is seen as a more immediate form of taking education services to account. While in theory an effective accountability tool, this development has unfortunately produced some less than desirable consequences in educational institutions, most notably the avoidance of risk. This paper argues that such consequences need to be understood as a reflection of the limits placed on legal regulation, once it encounters the already highly regulated world of educational institutions. To flesh out this argument, this paper examines these limits as a set of consequences relating to the following: increasing juridification; the intersection of law and mechanisms of accountability, judgement and professional discretion; and the relation between risk and trust. The argument draws on the 'law in context' literature, as well as recent debates over the pathologies of legal freedom. [ABSTRACT FROM AUTHOR]

In response to growing pushback to decades of privatization and disinvestment in high-poverty communities of color, elected officials and business leaders in the United States have turned to 'community-engaged strategies' to advance education reform. This qualitative case study of a California school district, the Oakland Unified School District, from 1989 to 2019 uses a Gramscian analysis of hegemony to illuminate the shift from coercive practices of financial audits to building consent through the district's formal engagement strategies as tools to manage public dissent around divisive decisions. Findings reveal that a manufacturedscrisis facilitated the 2003 state takeover of OUSD to further advancesausterity measures and audit processes that served as racialized formssof fiscal surveillance. When local resistance to these measures intensified, district actors shifted tactics to 'engage' community members through a portfolio strategy to manage school choice options and other public-private partnerships. Oakland public schools are a prime case of how democratic mechanisms serve as the vehicle to manufacture public consent for district redesign by way of marketization. This paper contributes new insights into local and global debates on educational privatization by critically examining the role of parastatal audit agencies in shaping community support for public-privateeducation governance along with tracing the shifting tactics of elite policy actors. [ABSTRACT FROM AUTHOR]

A new educational paradigm, 'resilience education,' has emerged as an effort by states and local communities to provide their constituencies with skills to cope with natural and man-made disasters. While the topic of resilience has seen an explosion in academic and policy interest, little scholarly attention has been paid to exploring the social origins of resilience training. Drawing on the research tradition in history and sociology of knowledge and theorization of practices, this article explores the gradual establishment of the practice of resilience education in Israeli schools and changing assumptions about risks, coping and aims of education informing resilience initiatives in the educational system. Based on in-depth interviews with key figures in the professional field, I indicate the main tendencies in the local history of resilience training since the 1980 s. These tendencies – the normalization of insecurity, the incorporation of new programs within existing interventions, and the creation of a particular structure of training – have interweaved the regular with the extreme, the expert with the lay, and the new with the old. I argue that such tendencies have become no less important for facilitating the establishment of resilience training than the scientific validity and practical effectiveness of this professional practice. [ABSTRACT FROM AUTHOR]