Assessment Matters: The Rise and Fall of the Illinois Resource Equalizer Formula

2020 ◽  
Vol 60 (1) ◽  
pp. 24-57
Author(s):  
Tracy L. Steffes
Keyword(s):  
School Finance ◽  
Property Tax ◽  
Local Property ◽  
The Political ◽  
Policy Choices ◽  
Tax Relief ◽  
The Law ◽  
Policies And Practices

This article explores the passage and failure of the 1973 Illinois Resource Equalizer formula which was designed to reduce disparities in school finance by breaking the connection between local wealth and school revenue. It argues that two sets of goals drove passage of the new law—equity and local property tax relief—and they came into conflict during implementation, with the latter winning out over the former. It argues that to understand both the passage and failure of the law requires looking deeply at the politics, policies, and practices of taxation, especially the methods of assessing property and levying taxes, where officials made decisions about how to apportion burden and benefits. The Illinois Resource Equalizer story highlights the political and policy choices that structure inequality through school finance at a moment when it was quietly defended and deepened.

scholarly journals School Finance Reforms, Teachers' Unions, and the Allocation of School Resources

2020 ◽  
Vol 102 (3) ◽  
pp. 473-489 ◽  
Author(s):  
Eric Brunner ◽  
Joshua Hyman ◽  
Andrew Ju
Keyword(s):  
Student Achievement ◽  
School Finance ◽  
New Teachers ◽  
Local Governments ◽  
Property Tax ◽  
State Aid ◽  
Teacher Compensation ◽  
School Resources ◽  
Teachers Unions ◽  
Tax Relief

School finance reforms caused some of the most dramatic increases in intergovernmental aid from states to local governments in U.S. history. We examine whether teachers' unions affected the fraction of reform-induced state aid that passed through to local spending and the allocation of these funds. Districts with strong teachers' unions increased spending nearly dollar-for-dollar with state aid and spent the funds primarily on teacher compensation. Districts with weak unions used aid primarily for property tax relief and spent remaining funds on hiring new teachers. The greater expenditure increases in strong union districts led to larger increases in student achievement.

scholarly journals The Challenge of Defining Equity and Adequacy in State School Finance Systems: A Look at New York's Experience

2005 ◽  
Vol 12 (1) ◽  
pp. 19
Author(s):  
Vidhya Ananthakrishnan
Keyword(s):  
School Districts ◽  
School Finance ◽  
Property Tax ◽  
Local Property ◽  
High Quality ◽  
High Quality Education ◽  
Tax Revenues ◽  
Equity And Adequacy ◽  
School Financing ◽  
Funding Disparities

The substantial reliance on local property tax revenues to finance school systems has led to significant funding disparities between property-rich and property-poor school districts. The recognition of these disparities has spawned decades of litigation in states whose constitutions guarantee a high-quality education. Legislators and judges are often asked to reconcile very different definitions of equity and adequacy, which are the concepts that underpin a high-quality, state-provided education, and are often confounded by attempts to achieve equity and adequacy on a state-wide basis, given the differences in property tax revenues. This article describes the complexities inherent in the concepts of equity and adequacy and examines a long-running attempt to reform New York's school financing methods to ensure that all school districts in the state have an equitable and adequate level of resources.

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Property in Human Body Parts

2020 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Human Body ◽  
First Principles ◽  
The Political ◽  
Body Parts ◽  
Cautionary Tale ◽  
Regulatory Approach ◽  
Legal Position ◽  
The Law

This chapter surveys the current legal position concerning property in bodies and bodily materials. Of especial relevance in the current age of advanced genetic and other bio technologies, it looks beyond property in bodies and their materials ‘as such’ to consider also (a) the availability of rights of personal and intellectual property in objects incorporating or derived from them, and (b) the reliance on quasi-property rights of possession and consent to regulate the storage and use of corpses and detached bodily materials, including so-called ‘bio-specimens’. Reasoning from first principles, it highlights the practical and conceptual, as well as the political and philosophical, difficulties in this area, along with certain differences in the regulatory approach of European and US authorities. By way of conclusion, it proposes the law of authors’ and inventors’ rights as simultaneously offering a cautionary tale to those who would extend the reach of property even further than it extends currently and ideas for exploiting the malleability of the ‘property’ concept to manage the risks of extending it.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

The impact of Political Parties Law no. 36 of 2015 on requlatinq political parties pluralism in Iraq

2021 ◽  
Author(s):  
Kurdistan Saeed
Keyword(s):  
National Identity ◽  
Political Parties ◽  
Legal Framework ◽  
The Political ◽  
Political Opposition ◽  
The Law ◽  
Lack Of Commitment ◽  
The Impact

This study deals with the political parties’ pluralism in Iraq under the Parties Law No. 36 of 2015. The importance of the study lies in the fact that it looks at a topic that is at the heart of democracy and it is necessary for the success of any democratic processes. The study focuses on parties’ pluralism in Iraq since the establishment of the Iraqi state in 1921 until the end of the Baath Party regime in 2003, it also covers the period after 2003 and pays particular attention to the Parties Law No. 36 of 2015. It focuses on the legal framework of political parties after the adoption of the Political Parties Law and studies the impact of this law on parties’ pluralism in Iraq after its approval in 2015. The study concludes that Law No. 36 of 2015 is incapable of regulating parties’ pluralism for reasons including: the lack of commitment by the political parties to the provisions of the law, the inability of the Parties Affairs Department to take measures against parties that violate the law the absence of a strong political opposition that enhances the role of political parties, the association of most Iraqi parties with foreign agendas belonging to neighboring countries, and the fact that the majority of Iraqi parties express ethnic or sectarian orientations at the expense of national identity.

“Theoretically all Children are Equal. Practically this can Never be So”: The History of the District Property Tax in California and the Choice of Inequality

2020 ◽  
Vol 122 (2) ◽  
pp. 1-32
Author(s):  
Matthew Gardner Kelly
Keyword(s):  
School Finance ◽  
Research Question ◽  
Property Tax ◽  
School Funding ◽  
State Governments ◽  
Property Taxation ◽  
History Of ◽  
Long Term Trends ◽  
Funding Disparities

Background/Context Dealing mostly in aggregate statistics that mask important regional variations, scholars often assume that district property taxation and the resource disparities this approach to school funding creates are deeply rooted in the history of American education. Purpose/Objective/Research Question/Focus of Study This article explores the history of district property taxation and school funding disparities in California during the 19th and 20th centuries. First, the article documents the limited use of district property taxation for school funding in California and several other Western states during the 19th century, showing that the development of school finance was more complicated than standard accounts suggest. Then, the article examines how a coalition of experts, activists, and politicians worked together during the early 20th century to promote district property taxation and institutionalize the idea that the wealth of local communities, rather than the wealth of the entire state, should determine the resources available for public schooling. Research Design This article draws on primary source documents from state and regional archives, including district-level funding data from nine Northern California counties, to complete a historical analysis. Conclusions/Recommendations The history of California's district property tax suggests the need for continued research on long-term trends in school finance and educational inequality. Popular accounts minimizing the historical role of state governments in school funding obscure how public policies, not just market forces shaping property values, create funding inequalities. In turn, these accounts communicate powerful messages about the supposed inevitability of funding disparities and the responsibility of state governments to correct them. Through increased attention to long-term trends in school funding, scholars can help popular commentators and policymakers avoid assumptions that naturalize inequality and narrow the possibilities for future funding reforms.

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