New at Cato: I blast a weak NYT editorial, and explain how school finance litigation exemplifies the phenomenon some have nicknamed The Permanent Government. More on Abbott v. Burke here.
Chronicling the high cost of our legal system
by Walter Olson on June 2, 2011
New at Cato: I blast a weak NYT editorial, and explain how school finance litigation exemplifies the phenomenon some have nicknamed The Permanent Government. More on Abbott v. Burke here.
Tagged as: New Jersey, schools, Schools for Misrule, WO writings

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“Tis the worse treason to do the right deed for the wrong reason” Professor Liu was correct, in my opinion, that the state has a legal obligation to educate its children. Professor Lie errors in positing that racial disparities result not from racial differences but from racist policies.
If no schools were built in the Italian American section of down, Italian Americans could howl about that. First they would use the catholic schools of course. The 54 decision that everybody loves said, in effect, that racial disparities were caused by segregation. The decision rested on findings by the late Kenneth Clark. It is my understanding that none of Professor’s Clark scholarship has held up over time. We still have racial disparity 55 years after the celebrated ruling. Couldn’t Blacks establish some academies along the line of Catholic schools? The universality of racial disparities showed the 54 decision to be foolish.
I believe that Mr. Olson and I agree that courts should give up on ineffective policies after a time. 25 years of failure is enough.
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