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."

Review of Native Americans in the School System: Family, Community, and Academic Achievement by Carol J. Ward

The title of this volume promises more than the content delivers. The heart of the book is information from Ward's 1992 University of Chicago doctoral dissertation, which focused on the social and cultural reasons leading to students dropping out of school. Her first two chapters provide a good review of research on dropouts and Indian education; the following six focus on the results of her 1987-1989 study of 698 Northern Cheyenne, Crow, and white high school students attending the Colstrip Public, St. Labre Catholic, and Busby Tribal Schools in Montana. Fifty-two percent of the students in this study were Indian, with a dropout rate of 45% .

Departmentalization in the 5th Grade Classroom: Re-thinking the Elementary School Model

In this action research study of my 5th grade classroom, I investigated the benefits of a modified block schedule and departmentalization. The research consisted of dividing the 5th grade curriculum into three blocks. Each block consisted of two primary subject areas: Mathematics was paired with Social Studies, Reading was paired with Health, and Writing was paired with Science. These groupings were designed to accommodate district time-allotment requirements and the strengths of each teacher within the 5th grade team. Thus, one teacher taught all of the Mathematics and Social Studies, another all of the Reading and Health, and another all of the Writing and Science. Students had classes with each teacher, each school day. I discovered that this departmentalization had many benefits to both students and teachers. As a result of this research, we plan to continue with our new schedule and further develop it to more fully exploit the educational and professional advantages we found to be a part of the project.