This paper reviews nationwide education reforms under No Child Left Behind and state reforms in Florida--comparing federal and state results. The paper examines the danger that federal regulations and incentives pose to testing and accountability systems in Florida and every other state. The limits of No Child Left Behind and the promise of…

Against a shifting set of assessment preferences in the US regarding whether educational assessment should continue to be a states rights game or become a federally dominated undertaking, the publication of five first-rate analyses about England's national curriculum assessment (NCA) is particularly propitious. Taken together, these five papers…

Federalism is sometimes a metaphor for states' sovereignty, rather than appreciated as part of the political structure and process created by the Constitution of the United States. The author argues that "federalism" was redefined during the founding period to disassociate it from the discredited idea of states' sovereignty. (Author/JOW)

Concerns long-time conflict among three groups of St. Regis Mohawks (one group accepts federal jurisdiction, one disclaims United States citizenship, and one tries to resolve conflicts of the first two) and the state of New York. (AN)

Examines the concept of federalism in terms of its past history and its encouraging future. Calls for a revival of concern for federalism not simply as a convenient administrative arrangement but as a fundamental constitutional value. (BSR)

The revitalization of the Contract Clause indicates that it is not the public employee who must be the first to sacrifice to get a city out of financial trouble. (Author/IRT)

Argues that the Constitution did not originally recognize state immunity from suit in federal courts and that the Eleventh Amendment is narrow in scope and limits judicial power only where the sole basis of jurisdiction is the character of the parties. Available from Indiana University School of Law, Lax Annex II, Bloomington, IN 47405.…

Provides historical perspectives on control of the National Guard by examining early writings to determine the original intent for what was the militia. Argues that it was established to defend the nation, but current governors are attempting to assert a stronger state role. Such actions could undermine national defense. (Author/CH)

Describes the response of the Department of Education to the demand from the nation's teachers for relief from regulations and procedures which some teachers find burdensome. The author defines regulatory relief and discusses the elimination of fraud, waste, and abuse; compliance with civil rights regulations; and state and local relationships.…

In "De Canas" the Supreme Court removed the spectre of preemption on the basis of an obscure notion of implied congressional intent, leaving only objective factors to be applied. Available from William S. Hein & Co., Inc., 1285 Main Street, Buffalo, NY 14209. (Author)

To determine whether program evaluation will be an important tool for policymaking and management in the Reagan Administration, it would be helpful to consider what the Reagan administration expected and received from evaluation in California during the period 1971-1974. In California, program evaluation activities were frequently implemented on a…

This short paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses educational voucher programs. It states that proponents of voucher programs, having scored a major victory in the U.S. Supreme Court with "Zelman v. Simmons-Harris" (2002), will…

Argues that a carefully drafted amendment to the National Labor Relations Act can withstand constitutional challenge and that the standards set forth in "League of Cities" can be met. (Author/IRT)

Reviews the Bills of Rights' creation and rationale. Discusses the Fourth and Fourteenth amendments and analyzes their current status. Emphasizes the Supreme Court's interpretive role. Argues that reliance on the courts will eventually result in legal interpretations that reflect dominant national opinion. Urges greater citizen responsibility for…

Interprets the development toward greater and less regulation in U.S. educational reform movements in the context of state power. Reviews core and ancillary reform strategies and reflects on reform as the decline of an organizational consensus. (SK)