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Justiciability and the Role of Courts in Adequacy Litigation: Preserving the Constitutional Right to Education


Julia Ann Simon-Kerr


University of Connecticut School of Law

Robynn K. Sturm


Yale Law SChool

May 22, 2008

Stanford Journal of Civil Rights and Civil Liberties, Vol. 4, p. 83, 2010

Abstract:     
In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this paper shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an "adequate" education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, this paper shows that separation of powers concerns have begun to drive state courts out of this important avenue of education reform. These separation of powers concerns have become more salient as litigators pressure courts to mandate concrete remedies that would trump legislative discretion. The most problematic such remedy is one that would require courts to order the legislature to make specific budgetary allocations. This trend spans courts seeing adequacy claims for the first time and those presiding over a second round of adequacy litigation. This paper argues that despite this shift recent courts have not wholly disavowed their role in substantiating the state constitutional right to education. Courts remain willing to act as a constitutional check on the legislature's actions within the field of education if only plaintiffs can find a way to respond to concerns over remedies. This paper examines the nature of and reasons for courts' increasing separation of powers concerns and then briefly explores what lessons adequacy plaintiffs might take away for use in future litigation.

Number of Pages in PDF File: 41

Keywords: Right to Education, Education Adequacy, School Finance, Separation of Powers, State Courts, Justiciability

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Date posted: December 7, 2008 ; Last revised: June 2, 2011

Suggested Citation

Simon-Kerr, Julia Ann and Sturm, Robynn K., Justiciability and the Role of Courts in Adequacy Litigation: Preserving the Constitutional Right to Education (May 22, 2008). Stanford Journal of Civil Rights and Civil Liberties, Vol. 4, p. 83, 2010. Available at SSRN: http://ssrn.com/abstract=1312426

Contact Information

Julia Ann Simon-Kerr (Contact Author)
University of Connecticut School of Law ( email )
65 Elizabeth Street
Hartford, CT 06105
United States
Robynn K. Sturm
Yale Law SChool ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
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