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Can School Finance Suits in State Courts Safeguard Brown v. Board of Ed?

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Can School Finance Suits in State Courts Safeguard Brown v. Board of Ed?

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Published: 11/5/2007 New research on whether money has mattered in Kentucky, New Jersey and other states Since June 2007, when the U.S. Supreme Court struck down plans by Seattle and Louisville, Kentucky to maintain racial balance in their public schools, many have seen the nation’s education adequacy movement — the growing wave of lawsuits in state courts that are winning more money for under-funded school districts — as “the only game in town” for protecting the interests of poor and minority students. But are state courts competent to assess the needs of schools and students and — as has happened in many states — oversee major reforms? Do the courts have a constitutional basis for playing that role, or are they violating one of the nation’s most sacred governmental precepts, the doctrine of separation of powers? And — most important of all — is school finance litigation translating into better outcomes for students? These are among the questions that will take center stage on

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