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Enhancing Court Capacity to Enforce Education Rights

David Sciarra 
Publication date: 
Wed, 15 Jul 2009

This policy brief examines a critical aspect of quality education litigation: the tools available to courts to fashion and ensure implementation of a constitutional method of funding public education to improve schools. 

As a case study, the brief analyzes the techniques employed by the New Jersey Supreme Court in providing a remedy to disadvantaged urban school children in the long-running Abbott v. Burke case. 
The Abbott litigation offers important lessons on how courts can improve their competency to fashion and direct implementation of a remedy to vindicate constitutionally guaranteed socio-economic rights, particularly when they implicate politically vulnerable or disenfranchised groups or classes of citizens.