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CURRENT LOCATION: TJCLCR | Archives | VOLUME 7, ISSUE 1 (Spring, 2002)


Volume 7, Number 1, Spring 2002


Leave No Child Behind: Normative Proposals to Link Educational Adequacy Claims and High Stakes Assessment Due Process
Challenges, 1
Maurice R. Dyson

In “Leave No Child Behind: Normative Proposals to Link Educational Adequacy Claims and High Stakes Assessment Due Process Challenges”, Maurice R. Dyson examines the No Child Left Behind Act, passed by Congress in 2001, and its ability to succeed in a post 9/11 era. In particular, the article discusses how potential due process challenges to high stake assessment tests may strategically leverage successful educational adequacy verdicts.

The article explores the right to enforce Title VI Section 602 regulations after the Supreme Court’s ruling in Alexander v. Sandoval which stated that there is no private right of action to enforce disparate-impact regulations promulgated under Title VI and discusses the limits of Section 1983. The article concludes by discussing the new challenges for high stakes assessments under the Act and forecasts that the legislature will have to respond to legal victories addressing educational adequacy by passing legislation to meet the constitutional obligations to minority and special needs children.


Vote Swapping and Free Speech: Voice, Politics, and Choice, 73
John M Rushing

John M. Rushing’s article, “Vote Swapping and Free Speech: Voice, Politics, and Choice”, examines the California statute used in an attempt to shut down websites that facilitated vote swapping during the 2000 elections. He argues that the statute is too broad to survive First Amendment analysis and vote swapping lacks negative externalities sufficient for government intervention. Four voting behaviors, including vote buying, family voting, political voting, and vote swapping, are examined to demonstrate the overbreadth of the California statute.


Achieving Greater Inter-Local Equity in Financing Municipal Services: What We Can Learn From School Finance Litigation, 91
Emel Gökyigit Wadhwani

In “Achieving Greater Inter-Local Equity in Financing Municipal Services: What We Can Learn from School Finance Litigation”, Emel Gökyigit Wadhami explores how the success of school financing cases can help widen the tax base for other types of municipal services. The article begins by briefly discussing the current scholarship on tax sharing, and then examines the role that state courts may have in translating the school financing cases into the context of municipal services.

Finally, the article considers the usefulness of employing school financing to municipal services and the extent to which the lessons of the school financing cases may be brought to bear on current debates about divorcing municipal services from local taxes.


From Racial Politics to Political Race: Lani Guinier and Gerald Torres’s The Miner’s Canary, 126
Siobhan Stiglitz

This book review presents a brief synopsis of “The Miner’s Canary”, followed by an examination of its strengths and weaknesses. The miner’s canary metaphor is used to represent the dividing line between egalitarian treatment of groups labeled by race and abuse of race. The book provides methods for examining and diagnosing race problems and for changing culture so that race problems can be resolved. The book also outlines strategy for placing more emphasis on political race, which emphasizes the mobilization of political forces and procurement of greater political clout for race in the political arena.

“The Miner’s Canary” excels in its presentation of detailed examples of political race and explanations of how it can resolve race problems. The book also addresses a broad spectrum of race issues, so that the reader can understand what role race plays in many situations. However, this broad inclusion sometimes forces the authors to generalize. Also, many of the conclusions drawn are based on the authors’ own empirical research, personal stories, and anecdotes, rather than case law. Finally, the book does not describe
what role affirmative action or the rise in conservative race-based coalitions play in political race.

On the whole, “The Miner’s Canary” presents a strong case for a novel approach to resolution of race-based problems.