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Journal Article: THE NEW FEDERALISM GOES TO COURT

Journal Article » THE NEW FEDERALISM GOES TO COURT

Categories

EDUCATION & state, POLICY sciences, JUDICIAL process, DECISION making, EDUCATION -- United States, UNITED States. Supreme Court, UNITED States

Authors

Kirp, David L.; Jensen, Donald N.

Published

1983

Abstract

The great era of court-mandated educational reform coincided with a more prosperous period in U.S. history, maintain the authors. Different circumstances exist today. The heyday of educational policy making by the courts seems to be over. The landmark events, the desegregation cases, the opinions on student rights, the right-to-education suits, occurred a decade or more ago. The United States Supreme Court signaled that there were limits to the willingness of the judiciary to reshape policy and practice in the schools. One might surmise that the judiciary's influence in education is a thing of the past, but this is not necessarily so. The landmark decisions of the Fifties and Sixties set in motion an altered process of decision making that has generated a host of rights for historically disadvantaged groups.

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