Termination of Desegregation Decrees and the Elusive Meaning of Unitary Status

Discusses the termination of desegregation decrees and the elusive meaning of unitary status, first introducing the topic and then covering Jenkins III and providing an overview of desegregation scholarship including discretion, capacity, and legitima. Also discusses the evolution of equity, including English equity, American equity, and equity and desegregation. Explores the concepts of relevant rights and interests, focusing on Hohfeld, the interest theory of rights, and the application of the rights theory. The conclusion posits that what remains is a complicated and confused desegregation jurisprudence, and that the lines that separate desegregation from integration from diversity, if there ever were such lines, are blurring. A discussion of the theoretical premises underlying desegregation appears to continue to be necessary.

The Ethics of Implementation: Institutional Remedies and the Lawyer's Role

The issue addressed in this article is whether and to what extent a lawyer has an ethical responsibility to pursue implementation of the remedy in institutional reform litigation. Institutional reform litigation refers to cases in which an individual or class of individuals sues a large organization in order to vindicate constitutional or statutory rights. The types of cases with which this article is concerned are the "public law" type, such as school desegregation, prisoners' rights and patients' rights cases, although included under the rubric of institutional reform can be, inter alia, antitrust, reapportionment and bankruptcy cases. The implementation stage of institutional reform litigation arises after an individual or class of individuals prevails at the liability stage, or pursuant to a settlement, and a court orders the defendant organization to change in order to vindicate the plaintiffs' rights. At that point, the defendant organization, whether it be a prison, mental hospital or school district, usually has the burden of implementing the order. One conclusion drawn is that the ethical duty of the lawyer must always be consistent with the lawyer's "special responsibility for the quality of justice."

Showing that Early Childhood Education Works: Lessons from Italy, China, and the USA

Lessons from around the world; What does it matter about early childhood education? Why the controversy about public support for early childhood education? What process or system should be used to determine what works in early education? Can the same process be used to improve services? What is the role of government? Alternatives: 1. Consumers should determine… (What happens when private choices drive the market for early childhood services?) Observed quality of care in four Midwestern states; Parent data: “All things considered, how would you grade the quality of the care your child is receiving from his/her current caregiver?” Role of government What is a Quality Rating System? Ten states have implemented statewide systems (e.g. Colorado, Kentucky, Oklahoma, North Carolina) Findings 2. Objective science should determine… Firm findings from empirical research 3. Something else is needed: Some differences between Italian and American models. Teacher action research (and documentation) from a Reggio-inspired preschool in South Korea by Misuk Kim. Teacher Action Research at the Ruth Staples CDL. Can we now answer our opening questions? What process or system should be used to determine what is best for young children? Can the same process be used to improve the quality of services? Conclusions: The free market does not work well to determine quality in early education and care; Licensing, accreditation, and quality rating systems can help improve the market; Empirical research is useful for measuring what works; Teacher action research (reflective practice) is necessary for fostering continuous quality improvement. The tower of quality.