Common Core State Standards and Philanthrocapitalism: Can Public Law Norms Manage Private Wealth’s Influence on Public Education Policymaking?

I recently published an article Common Core State Standards and Philanthrocapitalism:  Can Public Law Norms Manage Private Wealth’s Influence on Public Education Policymaking?  with the Michigan State Law Review (at 2016 Mich. St. L. Rev. 161).

The Article examines the phenomenon of philanthrocapitalism in current education reform, with a focus on the Common Core State Learning Standards initiative. Part I describes the role that a small group of philanthropists played in setting and catalyzing the Standards development and implementation.  This description includes private philanthropists’ interactions with federal, state, and local government actors and other stakeholders.  It also examines their work in the political process and the public discourse. Part II then considers the Common Core initiative over the last five years, including the role of philanthrocapitalists, nonprofits, and the state and federal governments, and the recent public backlash against and reconsiderations of the Standards.  Part III considers the proper scope and limits of private philanthropists’ role in public education policymaking from the perspective of public law norms, governance, and policymaking.  Drawing upon structural governance models designed to support robust public engagement in education policymaking, as well as those designed to prevent agency capture, the Article closes by considering methods for placing appropriate boundaries on the influence of philanthrocapitalists.  At the same time, it acknowledges the difficulty of imposing meaningful limits in a political environment dominated by the influence of private wealth.

The following URL links to the abstract page and full text copy of the article in the SSRN eLibrary:  http://ssrn.com/abstract=2798334

I welcome comments and feedback on the article, particularly suggestions for constructive responses that balance the benefits of philanthropy with concerns about maintaining public law norms and robust transparency and stakeholder participation in public education policymaking.

Other of my published papers may be found at my SSRN author page at this link: http://ssrn.com/author=465572

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