涉外文书

JURISDICTION AND POLICY MAKING OF STATE COURTS

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  State courts are extremely impor-tant in terms ofpolicy making in the United States.Well over 99 percent of the judicial workload in the United States consists ofstate,not federal,cases,and 95 percent ofall judges in the United States work at the state level.Moreover,the decisions of state jurists frequently have a great impact on public policy.For example,during the 1970s a number ofsuits were brought into federal court challenging the constitutionality ofa state spending vastly unequal sums on the education ofits schoolchildren.(This occurred because poorer school dis-

  tricts could not raise the same amount of money as could wealthy school dis-tricts.) The litigants claimed that chil-dren in the poorer districts were victims ofunlawful discrimination in violation oftheir equal protection rights under the U.S.Constitution.The Supreme Court said they were not,however,in a five-to-four deci-sion in San Antonio Independent

  School District v.Rodriguez(1973).But the matter did not end there.Litiga-tion was instituted in many states arguing that unequal educational op-portunities were in violation of vari-ous clauses in the state constitutions.Since Rodriguez such suits have been brought 28 times in 24 states.In 14 of these cases,state supreme courts in-validated their states method of financing education,thus requiring the reallocation of billions of dollars.

  from:http://www.fww114.com/classroom/flyy/

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