* Professor of Law, Texas A&M University School of Law.
** Professor of Law, University of California, Los Angeles School of Law. The authors collectively thank Erika K. Wilson, Rachel F. Moran, Nicole Stelle Garnett, Yuvraj Joshi, Peter K. Yu, Lange Luntao, and Michelle Wilde Anderson for their thoughtful contributions to this Symposium issue. They also thank Symposium Editor Alex Vasques and her colleagues on the Columbia Law Review for their tremendous efforts in bringing this issue to fruition. Finally, they express gratitude to Texas A&M School of Law and Columbia Law School for their financial support.
Education policy is today a flashpoint in public discourse at both the national and state levels.
Ashley Jochim, Melissa Kay Diliberti, Heather Schwartz, Katharine Destler & Paul Hill, Ctr. on Reinventing Pub. Educ., Navigating Political Tensions Over Schooling: Findings From the Fall 2022 American School District Panel Survey 2 (2023), https://crpe.org/wp-content/uploads/ASDP-_Navigating-Political-Brief_v6.pdf [https:// perma.cc/X8NB-QHTM]; Trip Gabriel, Education Issues Vault to Top of the G.O.P.’s Presidential Race, N.Y. Times (Feb. 6, 2023), https://www.nytimes.com/2023/02/06/us/politics/education-republicans-elections.html (on file with the Columbia Law Review); David A. Hopkins, Why America’s Schools Are Getting More Political, Wash. Post (Feb. 14, 2023), https://www.washingtonpost.com/business/why-americas-schools-are-getting-more-political/2023/02/14/e82a5874-ac66-11ed-b0ba-9f4244c6e5da_story.html (on file with the
This moment presents an opportunity to highlight a threshold issue on which it seems prudent for this discourse to direct greater attention: the interconnections between education and property law. Indeed, decisions surrounding property—crafting district-mapping formulae; devising zoning schemes; setting the baseline conditions for housing and mortgage loans; investing in infrastructure; facilitating teacher and other public employee unionization efforts; and the like—determine in considerable respects the very architecture of our educational system. Whether the extant connections between education and property should exist, and, if so, in what shape and form, is a complex question that implicates not only the traditional confines of education and property law but related elements of state and local government law, tax law, immigration law, constitutional law, human rights law, and more. This Symposium brings together a diverse collection of scholars from these and adjacent fields to grapple with this question from various perspectives and research methodologies.
In this Foreword, we classify the Essays in this Symposium issue into three thematic categories: “Educational Boundaries,” “Educational Justice,” and “Educational Resources.” The first features work by LaToya Baldwin Clark, Rachel Moran, and Erika Wilson; the second includes writings of Timothy M. Mulvaney, Nicole Stelle Garnett, and Yuvraj Joshi; and the third comprises scholarship by Peter Yu, Michele Wilde Anderson, and Lange Luntao. We introduce these authors’ Symposium contributions before offering a brief reflection on the intersections between and the role of these thematic categories in education discourse moving forward.