Every Silver Lining Has a Cloud: The Lost Federal Claim in Campaign for Fiscal Equity, Inc. V. New York

11 Pages Posted: 18 Oct 2004

Abstract

Right along with the Campaign for Fiscal Equity's overwhelming victory on their state constitutional claims in this most recent New York state public school finance litigation, came a tremendous, and frightening loss of federal rights. This paper discusses both what was won and what has been lost. First, I talk about the CFE case and how the Court of Appeals decision promises to make the distribution of state aid for public education to New York City more equitable. Then I talk about the CFE plaintiffs' federal civil rights claim - that was brought under Title VI of the Civil Rights Act of 1964 - and that was rejected by the Court of Appeals. I end by explaining why the loss of that claim is bad for the children of New York state and is ominous for urban equity in general.

Keywords: School Finance, Public Education, Federal Courts, Sandoval, Gonzaga

JEL Classification: I2, I22, J71

Suggested Citation

Morgan, Denise C., Every Silver Lining Has a Cloud: The Lost Federal Claim in Campaign for Fiscal Equity, Inc. V. New York. Available at SSRN: https://ssrn.com/abstract=606061

Denise C. Morgan (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
(212) 431-2134 (Phone)

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