TWENTY-FIVE YEARS AFTER RODRIGUEZ: SCHOOL FINANCE LITIGATION AND THE IMPACT OF THE NEW JUDICIAL FEDERALISM

摘要: This article examines the impact of state-level school finance litigation conducted in wake San Antonio Independent School District v. Rodriguez. State supreme courts have handed down decisions 36 states since Rodriguez decision 1973. The looks at how these affected distribution educational resources eight states-five which activists won and three they lost. author shows that state can a significant on both equity systems their adequacy. finding rebuts scholars who recently argued courts, acting alone, cannot achieve social or political change face public opposition. also explores why some are more successful than others, putting forward policy-centered model judicial efficacy takes into account peculiarities as policy issue. Nineteen ninety-eight marks 25th anniversary U.S. Supreme Court helped spark revolution sorts. (1973) declared severe financing inequalities among districts Texas did not violate equal protection clause 14th Amendment Constitution. These stemmed primarily from large property value differences districts. meant property-rich could generate revenues for education (at relatively low tax rates), while property-poor produce only very small amounts revenue (while taxing themselves comparatively high rates). Perhaps key jurisprudential conclusions were wealth was suspect classification purposes jurisprudence fundamental right under Part Court's expressed rationale its unwillingness to intrude massively local policies-which would surely occur if it decided favor plaintiffs.l Striving maintain an "appropriate" balance federalism, self-consciously distanced itself funding issues-historically concerns. irony this is exercise restraint national level has translated expanded agenda level. After Rodriguez, activists, realizing federal held little promise claims, began litigate matter provisions constitutions. Relying arguments rooted language clauses,2 litigators pursued claims states.3 One dimension broader movement commonly dubbed "new federalism,"4 constitutional campaign over enjoyed mixed success winning 20 where been by courts. legal victories often particularly profiles sharply focus legislators' attention class disparities In decisions, legislators enacted reforms greater opportunities poor states.5 question remains, however, whether actually produced changes sought demanded courts.6 attempts answer question. Despite nearly 25 years court rulings finance, neither nor fully developed understanding rulings. Not our picture relative after underdeveloped, but we no clear differ capacity restructure financing. …