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Education litigation over adequate schooling has resulted in prolonged struggles between the judicial and legislative branches of state governments. Frustrated by legislative inaction , student-plaintiffs in 2 recent suits brought under state constitutional education provisions requested remedies in the form of vouchers, which would allow the students to apply state funds to private school tuition. These cases - Jenkins v. Leininger (1993) in Chicago and Arviso v. Dawson (1995) in Los Angeles - are currently awaiting review by state appellate courts. They represent the next phase of education litigation, the remedial stage, and will undoubtedly spark similar litigation across the US. It is argued that private school vouchers provide an effective remedy for violations of students' state education rights under state constitutions.

On September 8, Judge Engelmayer of the Southern District of New York denied motions for summary judgment filed by both the SEC and the defendants in litigation alleging Regulation FD violations. Because most Regulation FD cases brought by the SEC are settled, the court's evaluation of the claims and defenses provides insight for companies deciding whether certain communications with analysts might violate Regulation FD. The court cited the multiple points of evidence in support of scienter, including the number of analyst calls in which defendants disclosed confidential information; the variety of internal data that the defendants disclosed; the sustained duration (six weeks) of these disclosures and the general internal concern and persistence until the earnings estimates were brought down.