Forget About That Local Democracy Bit

One of the insights of Public Choice theory (a way of viewing political actors as self interested agents) is that intensely interested parties may often be able to exercise disproportionate influence over public policy to benefit their own interests at the expense of the common good. This proposal to vest greater control over local school districts and school boards with the state Superintendent of Public Instruction strikes me as a prime example.

I have no idea whether placing MPS under the responsibility of the Mayor would have helped what every one agrees are completely unacceptable outcomes. The idea was to place responsibility for the schools with a public official to whom more people pay attention and whose election and re-election is more salient, i.e., more people pay attention. School board races attract few voters and tend to be denominated by those who are self interested in the status quo or in particular proposals for reform. This results in a weaker demand for acountability on the part of the general public. If the mayor had to run for reelection based, in part, on the performance of the schools, it is more likely that something would get done.

One of the arguments against the takeover, however, is that it would diminish the voters’ direct control over the schools. 

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Self-Defense: Sending a Moral Message

What kind of message should the law send when it comes to a woman who kills a man who has been abusing, assaulting, or threatening her?

“I think it is important that we send the right moral message in the law,” Joshua Dressler, a respected authority on criminal law and procedure said in a lecture at the Marquette University Law School. 

In the annual Barrock Lecture at the Law School last week, Dressler said that even as some feminists advocate for expanding what is justifiable under the label of self-defense, the law should proceed cautiously. 

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Who Will Replace Justice Stevens?

The legal community is still digesting the news that Supreme Court Justice John Paul Stevens will retire at the end of this term.  The New York Times recently ran a profile of Justice Stevens consisting of the recollections of his former law clerks.  Here is the link, in case you missed it.  Justice Stevens was never considered one of the intellectual heavyweights of the Supreme Court, but I predict that we will come to miss his consistent, and traditional (some might say quaint), view of the limited role that the judiciary should play in crafting the laws that we live by.

Speaking of predictions, it is time to weigh in with your prognostications.  Who will President Obama select to replace Justice Stevens.  I will go first.

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