By Anna Lukemeyer

ISBN-10: 1593320132

ISBN-13: 9781593320133

ISBN-10: 193120246X

ISBN-13: 9781931202466

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Extra info for Courts As Policymakers: School Finance Reform Litigation (American Legal Institutions)

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36 The two-decision analytic framework grew from my simultaneous analysis of both equal protection and education clause claims. Although it more directly reflects the legal reasoning applied to education clause claims, it also worked well for most equal protection claims, and was compatible with courts’ language and reasoning. 42 Courts as Policymakers (or district residents’ wealth) forms a suspect class, and that, therefore, the court must apply strict scrutiny to the school finance system. Defendants commonly contend that school finance involves neither fundamental rights nor suspect classes, that rational-basis scrutiny is appropriate, and that the school finance structure should be upheld since it is rationally related to the legitimate state interest of local control of education.

36 The two-decision analytic framework grew from my simultaneous analysis of both equal protection and education clause claims. Although it more directly reflects the legal reasoning applied to education clause claims, it also worked well for most equal protection claims, and was compatible with courts’ language and reasoning. 42 Courts as Policymakers (or district residents’ wealth) forms a suspect class, and that, therefore, the court must apply strict scrutiny to the school finance system. Defendants commonly contend that school finance involves neither fundamental rights nor suspect classes, that rational-basis scrutiny is appropriate, and that the school finance structure should be upheld since it is rationally related to the legitimate state interest of local control of education.

To reflect these two steps, I used a two-decision framework to analyze courts’ treatments of education clause claims. ” The defendant can test whether the plaintiff has stated a cause of action early in the lawsuit through a motion to the court arguing that, even if everything the plaintiff says is true, the plaintiff has not stated a wrong that the law recognizes. This was the posture of the case starting Wave I, Serrano v. Priest (California 1971). 26 This framework grew from the interaction of the early process of coding these opinions and my reading of legal scholarship.

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Courts As Policymakers: School Finance Reform Litigation (American Legal Institutions) by Anna Lukemeyer


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