Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

Laws and Roll Calls in the U.S. Congress, 1891–1994

Recent empirical studies of lawmaking activity by legislatures rely heavily on roll call based measures and assume that roll call activity reflects lawmaking activity. We question this assumption for the case of the U.S. Congress. We examine several plausible sources of dissonance between the set of enacted public statutes and the universe of recorded votes in the U.S. Congress, using a comprehensive dataset of public enactments and roll call activity between 1891 and 1994. Because only 11.9% of the bills signed into law receive a recorded vote in the House, only 7.9% receive a recorded vote in the Senate, and only 5.5% receive a recorded vote in both the House and Senate, we provide guidance as to when studying voting behavior is likely a reasonable proxy for lawmaking behavior. There are sometimes important differences between the laws that do and do not receive a roll call that researchers should account for when using roll calls to study lawmaking in the U.S. Congress.