Skip to main content

Mobile Navigation

  • National
    • Policy
      • High Expectations
      • Quality Choices
      • Personalized Pathways
    • Research
    • Commentary
      • Gadfly Newsletter
      • Flypaper Blog
    • Events
    • Scholars Program
  • Ohio
    • Policy
      • Priorities
      • Media & Testimony
    • Research
    • Commentary
      • Ohio Education Gadfly Biweekly
      • Ohio Gadfly Daily
  • Charter Authorizing
    • Application
    • Sponsored Schools
    • Resources
  • About
    • Mission
    • Board
    • Staff
    • Career
Home
Home
Advancing Educational Excellence

Main Navigation

  • National
  • Ohio
  • Charter Authorizing
  • About

National Menu

  • Topics
    • Accountability & Testing
    • Advanced Education
    • Career & Technical Education
    • Charter Schools
    • Curriculum & Instruction
    • ESSA
    • Evidence-Based Learning
    • Facilities
    • Governance
    • Personalized Learning
    • Private School Choice
    • School Finance
    • Standards
    • Teachers & School Leaders
    • Think Again
  • Research
  • Commentary
    • Gadfly Newsletter
    • Flypaper Blog
    • Gadfly Podcast
  • Events
  • Scholars Program

Life Without Lawyers: Liberating Americans from Too Much Law

Christina Hentges
2.25.2009

Chapter 5, "Bureaucracy Can't Teach"
Philip Howard
W.W. Norton & Co.
January 2009

Although much attention has been paid to the unique cultures of high-performing charter schools (see here and here, for starters), Philip Howard applies a new lens: legal. Why, the accomplished attorney asks, can't teachers more easily instill a "Work Hard, Be Nice" (à la KIPP) culture at any school? His answer: legal regulations. They are, he concludes, the ultimate hurdle to creating a strong school culture. Howard first walks the reader through the sea of rules governing everything from pedagogy to classroom cleaning procedures. As he shows, legal considerations often prevent teachers from disciplining and removing students. Teachers' lack of control over routine and classroom management leaves them demoralized, disengaged, and unable to support a larger school culture. What would he do differently? Let teachers manage their classrooms and couple that independence with a system of thoughtful accountability, such as setting out criteria for student discipline. Not a bad start, but let's keep our eye on the objective data. As David Whitman showed us in Sweating the Small Stuff, there's no zero-sum game at these high-performing charters when it comes to academic quality--as measured by test scores--and a strong culture; instead, the two go hand-in-hand. You can buy the book here.

Christina Hentges
Author
Fordham Logo

© 2026 The Thomas B. Fordham Institute
Privacy Policy
Usage Agreement

National

P.O. Box 110
Burke, VA 22009

202.223.5452

[email protected]

Ohio

P.O. Box 82291
Columbus, OH 43202

614.223.1580

[email protected]

Sponsorship

130 West Second Street, Suite 410
Dayton, Ohio 45402

937.227.3368

[email protected]