Mayoral Influences, New Regimes, and Public School Governance

In recent years, a spate of cities -- including Boston, Chicago, and Cleveland -- have shifted governance structures to give more control to mayors in the hope that such changes would ultimately lead to improved school quality and student achievement, as well as to diminished scandal and turmoil in the school systems. A closer look at these instances, however, shows that these governance changes have to be understood within the broader context of a particular city, and the particular frustration and challenges that led to the willingness to alter the top levels of educational control. The ways in which mayors have become more engaged with schooling have varied -- from low involvement (for example, trying to influence traditional school board elections) to high involvement (gaining formal control over the schools or appointment of school board members). Just as each city is different, so are the impacts (such as can be determined) of governance changes. Most importantly, it is difficult to link these governance shifts to improved instructional practices or outcomes

Will the Seventh Amendment Survive ADR?

The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in nonroutine litigation. Current seventh amendment doctrine does not provide a complete frame-work for analyzing the serious issues raised by ADR. This article attempts to forecast and analyze the important effects, risks, or benefits of ADR for the seventh amendment. As a result there are more questions and tentative suggestions than firm conclusion

The Jury\u27s Historic Domain in Complex Cases

Part I of this article will review the major developments in the complexity debate. Part II will discuss the development and modem employment of the judge-jury historical test. Part III will examine how the judge-jury historical test accommodates both judicial control of the jury and a political role for the jury. Part IV will discuss how application of the judge-jury historical test will permit judges to use new or expanded powers, such as direct judicial factfinding on some issues in complex cases. Part V will compare the judge-jury historical test with other approaches to the complexity problem