The Right Coast
November 29, 2004
Judges Taking Over at the Board of Ed
By Maimon Schwarzschild
"Who needs a bad teacher when you can get a worse judge?", asks the Economist this week, in a very sharp and well-informed article on judicial intrusion into managing American public schools. These school cases are a -- perhaps unusually egregious -- example of what is sometimes called "public law" or "structural litigation": bland phrases that often mean courts intruding deeply into policy-making which would otherwise be (and usually ought to be) up to elected, democratic institutions. The Economist piece points out the sort of problems that judicial over-reach can create.
Read the whole thing.