Spin Cycle


Book Description

One important aim of social science research is to provide unbiased information that can help guide public policies. However, social science is often construed as politics by other means. Nowhere is the polarized nature of social science research more visible than in the heated debate over charter schools. In Spin Cycle, noted political scientist and education expert Jeffrey Henig explores how controversies over the charter school movement illustrate the use and misuse of research in policy debates. Henig's compelling narrative reveals that, despite all of the political maneuvering on the public stage, research on school choice has gradually converged on a number of widely accepted findings. This quiet consensus shows how solid research can supersede partisan cleavages and sensationalized media headlines. In Spin Cycle, Henig draws on extensive interviews with researchers, journalists, and funding agencies on both sides of the debate, as well as data on federal and foundation grants and a close analysis of media coverage, to explore how social science research is "spun" in the public sphere. Henig looks at the consequences of a highly controversial New York Times article that cited evidence of poor test performance among charter school students. The front-page story, based on research findings released by the American Federation of Teachers (AFT), sparked an explosive debate over the effectiveness of charter schools. In the ensuing drama, reputable scholars from both ends of the political spectrum launched charges and counter-charges over the research methodology and the implications of the data. Henig uses this political tug-of-war to illustrate broader problems relating to social science: of what relevance is supposedly non-partisan research when findings are wielded as political weapons on both sides of the debate? In the case of charter schools, Henig shows that despite the political posturing in public forums, many researchers have since revised their stances according to accumulating new evidence and have begun to find common ground. Over time, those who favored charter schools were willing to admit that in many instances charter schools are no better than traditional schools. And many who were initially alarmed by the potentially destructive consequences of school choice admitted that their fears were overblown. The core problem, Henig concludes, has less to do with research itself than with the way it is often sensationalized or misrepresented in public discourse. Despite considerable frustration over the politicization of research, until now there has been no systematic analysis of the problem. Spin Cycle provides an engaging narrative and instructive guide with far-reaching implications for the way research is presented to the public. Ultimately, Henig argues, we can do a better job of bringing research to bear on the task of social betterment.




The Charter Debates


Book Description

The Canadian Charter of Rights and Freedoms may only be thirty-five years old but it is an important document for all Canadians. Few today, however, are aware of the extensive work and tumultuous debates that occurred behind the scenes. In The Charter Debates, Adam Dodek tells the story of the Special Joint Committee of the Senate and the House of Commons on the Constitution, whose members were instrumental in drafting the Charter. Dodek places the work of the Joint Committee against the backdrop of the decades-long process of patriation and takes the reader inside the committee room, giving them access to Cabinet discussions about constitutional reform. The volume offers a textual exploration of the edited proceedings concerning major Charter subjects such as fundamental freedoms, democratic rights, equality rights, language rights, and the limitations clause. Presenting key moments from the transcripts, carefully selected and contextualized, The Charter Debates is a one-of-a-kind resource for scholars, students, and general readers interested in the Charter and its impact on constitutional politics in Canada.




The Notwithstanding Clause of the Charter


Book Description

The constitutional notwithstanding clause set out in section 33 of the Canadian Charter of Rights and Freedoms (hereinafter referred to as the Charter of Rights or the Charter) has been controversial since its emergence from a November 1981 Federal-Provincial Conference of First Ministers. The controversy became more pronounced at the time of the 15 December 1988 Supreme Court of Canada decisions in the Ford and Devine cases dealing with the signage provisions of Quebec's Bill 101 (Charter of the French Language) and the subsequent adoption by the Quebec National Assembly of Bill 178 (An Act to Amend the Charter of the French Language). This legislation contained a section 33 override clause (in this case affecting Charter of Rights guarantees of freedom of expression (section 2(b)) and equality rights (section 15)). After setting out the content of the section 33 notwithstanding clause, this paper will trace its development in 1981 and describe the potential use then ascribed to it by its drafters, parliamentarians and others. The paper will then go on to point out actual instances when the notwithstanding clause has been invoked. Finally, it will present a number of arguments for and against the use of the clause.




Charter Conflicts


Book Description

The first comprehensive examination of how the Charter influences political choices on social policy.




Constitutional Politics in Canada After the Charter


Book Description

Since the Charter of Rights and Freedoms was introduced in 1982, Canada has experienced countless debates on constitutional politics and about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada’s constitutional evolution. Patrick James corrects this oversight by using systemism to identify and assess five theories within the liberal and communitarian paradigms and within the context of major issues such as the role of the courts and the status of Aboriginal peoples. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past - and the future - of the Canadian federation.




Ratification


Book Description

The dramatic story of the debate over the ratification of the Constitution, the first new account of this seminal moment in American history in years.




Charter School City


Book Description

In the wake of the tragedy and destruction that came with Hurricane Katrina in 2005, public schools in New Orleans became part of an almost unthinkable experiment—eliminating the traditional public education system and completely replacing it with charter schools and school choice. Fifteen years later, the results have been remarkable, and the complex lessons learned should alter the way we think about American education. New Orleans became the first US city ever to adopt a school system based on the principles of markets and economics. When the state took over all of the city’s public schools, it turned them over to non-profit charter school managers accountable under performance-based contracts. Students were no longer obligated to attend a specific school based upon their address, allowing families to act like consumers and choose schools in any neighborhood. The teacher union contract, tenure, and certification rules were eliminated, giving schools autonomy and control to hire and fire as they pleased. In Charter School City, Douglas N. Harris provides an inside look at how and why these reform decisions were made and offers many surprising findings from one of the most extensive and rigorous evaluations of a district school reform ever conducted. Through close examination of the results, Harris finds that this unprecedented experiment was a noteworthy success on almost every measurable student outcome. But, as Harris shows, New Orleans was uniquely situated for these reforms to work well and that this market-based reform still required some specific and active roles for government. Letting free markets rule on their own without government involvement will not generate the kinds of changes their advocates suggest. Combining the evidence from New Orleans with that from other cities, Harris draws out the broader lessons of this unprecedented reform effort. At a time when charter school debates are more based on ideology than data, this book is a powerful, evidence-based, and in-depth look at how we can rethink the roles for governments, markets, and nonprofit organizations in education to ensure that America’s schools fulfill their potential for all students.




The United Nations Charter as the Constitution of the International Community


Book Description

The a oeconstitutionalizationa of international law is one of the most intensely debated issues in contemporary international legal doctrine. The term is used to describe a number of features which distinguish the present international legal order from a oeclassicala international law, in particular its shift from bilateralism to community interest, and from an inter-state system to a global legal order committed to the well-being of the individual person. The author of this book belongs to the leading participants of the constitutionalization debate. He argues that there indeed exists a constitutional law of the international community that is built on and around the Charter of the United Nations. In this book, he explains why the Charter has a constitutional quality and what legal consequences arise from that characterization.







The Charter Revolution and the Court Party


Book Description

"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University