School Financial Equity Litigation: Black Hole of Civil Rights

Essays in Education, Forthcoming

16 Pages Posted: 20 Feb 2006

Abstract

This paper uses the sociology of the case and the legal sociology of Donald Black to examine the litigation over public school financing inequality. Initial examination is made of the United States Supreme Court decision in San Antonio Independent School District v. Rodriguez and the Oklahoma Supreme Court decision in Fair School Finance Council of Oklahoma v. State of Oklahoma from a technical legal core perspective and a critical lens. Other cases are discussed along with other information to allow the reader a "big picture" of the issues and policies involved in the intersection of race, wealth, law, education, and sociology. Black's legal sociology then provides a framework for a discussion of cases in a social context rather than a traditional jurisprudential model. Finally, a legal reform suggested by Black allows for the hypothecation of case resolution that further constitutional ordering and social justice.

Keywords: school law, school finance, equal educational opportunity, sociology of law, educational litigation, educational finance

JEL Classification: H41, H52, H72, I2, I20, I22, I21, I28,I29, K4, K41

Suggested Citation

Simpson, Michael W., School Financial Equity Litigation: Black Hole of Civil Rights. Essays in Education, Forthcoming, Available at SSRN: https://ssrn.com/abstract=882207

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