Law, Politics, and Equal Educational Opportunity: The Limits of Judicial Involvement

TLDR: Kirp as mentioned in this paper analyzes how major educational questions are now being addressed by courts and legislatures; he focuses more on institutional dynamics than doctrinal developments, and suggests how questions of equal opportunity are best fit for joint resolution.

Abstract: The influence of courts upon educational policy increased markedly in the years following the Brown decision. Recently, however, the judicial role has changed. As policy attention has focused on increasingly subtle questions of distributive justice and some aggrieved groups have obtained through legislation what they sought through litigation, courts in the 1970s have been more restrained than those of the previous decade. David Kirp analyzes how major educational questions are now being addressed by courts and legislatures; he focuses more on institutional dynamics than doctrinal developments. Noting the different procedures and standards of each branch of government, Kirp examines the interplay between these branches and suggests how questions of equal opportunity are best fit for joint resolution.