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Two Models of the Supreme Court in School Politics


by Tyll Van Geel - 1977

There are, roughly speaking, two judicial strategies that a supreme court of review, such as our Supreme Court, as well as judges sitting in the lower courts, might follow: a strategy of restraint and a strategy of activism. Following a discussion of these two strategies, we shall turn to an assessment of the work of the Supreme Court during the tenure of Chief Justices Warren and Burger in light of the two strategies. Specific reference is made to cases bearing on education. In the final section a hypothetical law suit filed against a local school board is discussed to reveal in a different way the relevance of the two strategies for understanding the role of the courts in educational politics.


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This article originally appeared as NSSE Yearbook Vol 76, No. 2.


Cite This Article as: Teachers College Record Volume 78 Number 6, 1977, p. 124-163
https://www.tcrecord.org ID Number: 19216, Date Accessed: 11/14/2019 1:44:47 PM

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