ERIC Number: ED224144
Record Type: RIE
Publication Date: 1982-Mar
Reference Count: 0
Conflicts of Interest in Educational Reform Litigation.
Rhode, Deborah L.
Most educational reform cases proceed as class actions in which there is no single aggrieved plaintiff with clearly identifiable views, but rather an aggregation of individuals, often with conflicting preferences. This paper explores the problems presented in educational reform class actions where plaintiffs disagree over the remedial objectives of the suit. Relying on reported decisions, interviews, and case histories, the paper first examines the conflicts that have surfaced within plaintiff classes, such as disputes over busing, mainstreaming, and deinstitutionalization. Discussion then focuses on the inadequacies of the existing procedural mechanisms for coping with such conflicts. Of particular concern are information and incentive structures that prevent courts, counsel, and litigants from addressing or accommodating the full range of class interests. The paper concludes by distinguishing problems that may be susceptible to procedural reform from those that are endemic to any pluralist or majority decision-making process. (Author/MLF)
Descriptors: Busing, Civil Rights, Court Litigation, Courts, Decision Making, Deinstitutionalization (of Disabled), Due Process, Educational Change, Educational Policy, Elementary Secondary Education, Lawyers, Legal Problems, Mainstreaming, School Desegregation, School Law
Publications, Institute for Research on Educational Finance and Governance, School of Education, CERAS Building, Stanford University, Stanford, CA 94305 ($1.00).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Sponsor: National Inst. of Education (ED), Washington, DC.
Authoring Institution: Stanford Univ., CA. Inst. for Research on Educational Finance and Governance.
Identifiers: Class Action; Conflict of Interest
Note: Prepared for the IFG Seminar on Law and Education (July, 1981).