Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (7)
- University of Colorado Law School (4)
- University of Michigan Law School (4)
- William & Mary Law School (4)
- Brigham Young University Law School (3)
-
- Boston University School of Law (2)
- UIC School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Richmond (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- Brooklyn Law School (1)
- Columbia Law School (1)
- Connecticut College (1)
- Maurer School of Law: Indiana University (1)
- Montclair State University (1)
- North Carolina Central University School of Law (1)
- Pace University (1)
- SelectedWorks (1)
- St. Mary's University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Denver (1)
- University of Pennsylvania Carey Law School (1)
- University of Washington School of Law (1)
- University of the District of Columbia School of Law (1)
- Keyword
-
- Education Law (9)
- Civil Rights and Discrimination (5)
- Constitutional Law (5)
- Academic freedom (4)
- Law and Society (4)
-
- Religion (4)
- Social Welfare (4)
- Affirmative action (3)
- Discrimination (3)
- Education Amendments of 1972 (20 U.S.C. 1681(A)) (3)
- Employment Practice (3)
- Grutter v. Bollinger (3)
- Human Rights Law (3)
- Public Law and Legal Theory (3)
- Public schools (3)
- Race and law (3)
- Admissions (2)
- Arts and Entertainment (2)
- Civil rights (2)
- Communications Law (2)
- Constitution (2)
- Consumer Protection Law (2)
- Diversity (2)
- Economics (2)
- Education (2)
- Elder Law (2)
- Environmental Law (2)
- Equal Protection Clause (2)
- Evidence (2)
- General Law (2)
- Publication
-
- ExpressO (7)
- Faculty Scholarship (4)
- Brigham Young University Education and Law Journal (3)
- University of Colorado Law Review (3)
- Michigan Journal of Race and Law (2)
-
- UIC Law Review (2)
- University of Maryland Law Journal of Race, Religion, Gender and Class (2)
- William & Mary Journal of Race, Gender, and Social Justice (2)
- All Faculty Scholarship (1)
- Arthur Lang (1)
- Articles (1)
- Articles by Maurer Faculty (1)
- Department of Public Health Scholarship and Creative Works (1)
- East Asian Languages and Cultures Department Honors Papers (1)
- Faculty Publications (1)
- Human Rights & Human Welfare (1)
- Journal Articles (1)
- Journal of Race, Gender, and Ethnicity (1)
- Law Faculty Publications (1)
- North Carolina Central Law Review (1)
- Pace Law Review (1)
- Publications (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- University of Michigan Journal of Law Reform (1)
- University of Richmond Law Review (1)
- Villanova Law Review (1)
- Washington Law Review (1)
- Washington and Lee Journal of Civil Rights and Social Justice (1)
- Washington and Lee Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 1 - 30 of 48
Full-Text Articles in Entire DC Network
Summary Of Education Law, Arthur Lang
Summary Of Education Law, Arthur Lang
Arthur Lang
Summary of education law following chapters and references in Michael Imber & Tyll van Gell, Education Law, Lawrence Erlbaum Associates, Publishers, Mahwah, New Jersey (2004)
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
Human Rights & Human Welfare
© Gareth Davies. All rights reserved.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon
Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon
North Carolina Central Law Review
No abstract provided.
Playing Cowboys And Indians, B. Glenn George
Playing Cowboys And Indians, B. Glenn George
Faculty Publications
No abstract provided.
A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck
A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck
The Scholar: St. Mary's Law Review on Race and Social Justice
Texas must work to better protect the legal rights of pregnant teenagers within its school districts. Without statewide requirements to ensure the elimination of pregnancy discrimination against students, school districts’ policies vary greatly and often include policies counter to the protections afforded both in Title IX and the Texas Education Code. Title IX requires the choice to attend an alternative school be completely voluntary. However, upon inspection, many Texas schools seem to violate this requirement by compelling or pressuring pregnant students to attend alternative education programs instead of adequately informing them of their educational options. The Texas Education Code guarantees …
Justifying Affirmative Action In K-12 Private Schools, Sharon H. Lee
Justifying Affirmative Action In K-12 Private Schools, Sharon H. Lee
ExpressO
In this Comment, the author examines the consequences of using substantially identical rules to govern affirmative action in both private employers and private schools. The author explores the law that governs private affirmative action and the justifications that courts have accepted for private affirmative action, focusing on whether these justifications are internal or external to the defendant. The author contends that the Supreme Court’s dicta in Johnson v. Transportation Agency, viewed in light of developments in Equal Protection Clause jurisprudence, weigh in favor of using external imbalances to justify private affirmative action. The author demonstrates that departing from the affirmative-action …
The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield
The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield
Pace Law Review
No abstract provided.
School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan
School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan
Journal of Race, Gender, and Ethnicity
No abstract provided.
Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman
Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman
Department of Public Health Scholarship and Creative Works
The study provides empirical evidence of the independent contribution of nonsexual romantic relationships in the seventh grade to the onset of sexual intercourse by the ninth grade for both males and females. In addition, it shows that among females, seventh graders in serious relationships with older teenagers—uniquely defined as those two or more years older—have an increased likelihood of sex in the ninth grade. Finally, the study demonstrates that seventh graders of both genders who have had serious romantic relationships were already significantly different in the sixth grade from those who have not: They had peers who were more accepting …
Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray
Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray
Washington and Lee Law Review
No abstract provided.
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp
ExpressO
By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s action is …
Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike
Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike
University of Michigan Journal of Law Reform
In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …
Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell
Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell
Washington Law Review
Single-sex education in public school systems has become increasingly popular in recent years. The Equal Rights Amendment to the Washington State Constitution (ERA) requires that males and females be treated equally where state action, such as public education, is involved. As demonstrated by the ERA's legislative history and Washington case law, the ERA prohibits differentiation on the basis of sex alone, which occurs where an individual would be treated differently in a given situation if that person were of the opposite sex. Legislative history and case law recognize two narrow exceptions to the ERA. Under the first exception, classification based …
We All Fall Down: Self-Fulfilling Prophecies And The Minority Question In China’S Educational Policies, Lauren A. Burke
We All Fall Down: Self-Fulfilling Prophecies And The Minority Question In China’S Educational Policies, Lauren A. Burke
East Asian Languages and Cultures Department Honors Papers
This paper does not have an abstract.
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Jenkins
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Jenkins
William & Mary Law Review
Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …
Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody
Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody
Working Paper Series
This Article will establish that an unrecognized norm, the “norm of sincerity,” is an implicit factor in the standing analysis in a certain class of equal protection cases. That class of cases includes equal protection claims where 1) courts have applied the “able and ready to compete” test to determine a plaintiff’s injury in fact, and where 2) the plaintiff has complained about discriminatory access to limited government resources. In those cases, a plaintiff cannot demonstrate injury in fact sufficient to meet Article III standing unless she shows that she sincerely intends to use the benefits at stake in the …
Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams
Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Is Whistleblowing Protection Available Under Title Ix?: An Hermeneutical Divide And The Role Of Courts, John A. Gray
Is Whistleblowing Protection Available Under Title Ix?: An Hermeneutical Divide And The Role Of Courts, John A. Gray
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn’T Matter?, Preston C. Green
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn’T Matter?, Preston C. Green
ExpressO
This article examines whether conservative critics are correct in their assertion that the Kansas City, Missouri School District (KCMSD) desegregation plan clearly establishes that no correlation exists between funding and academic outcomes. The first section provides a summary of public education in the KCMSD prior to 1977, the beginning of the Missouri v. Jenkins school desegregation litigation. The second and third sections analyze whether the Jenkins desegregation and concurrent school finance litigation (Committee for Educational Equality v. State) addressed these problems. The fourth section provides an overview of school finance litigation and explains how the KCMSD desegregation plan has been …
Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren
Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren
ExpressO
In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …
Fuck, Christopher M. Fairman
Fuck, Christopher M. Fairman
ExpressO
This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo …
When Hope Lies With The Courage Of A Cowardly Lion: Social Science, Race, And Judicial Political Affiliation In Contemporary Race Conscious Admissions Cases, Crystal R. Gafford Muhammad
When Hope Lies With The Courage Of A Cowardly Lion: Social Science, Race, And Judicial Political Affiliation In Contemporary Race Conscious Admissions Cases, Crystal R. Gafford Muhammad
ExpressO
This paper employs the critical race theoretical frame of the price of racial remedies, using statistical analysis to document the influence of judicial political affiliation in the outcomes of contemporary race conscious admissions cases. The analyses employed support the conclusion that the outcomes of these cases rest on the political affiliations of the judges, confirming the terse Critical Legal Studies (CLS) critique that “its all political”. Going beyond the CLS critique and centering my work in critical race theory, I ground my findings in Derrick Bell’s price of racial remedies framework. What is most interesting here is that in the …
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka
The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka
Brigham Young University Education and Law Journal
No abstract provided.
Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider
Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider
Brigham Young University Education and Law Journal
No abstract provided.
Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle
Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle
Brigham Young University Education and Law Journal
No abstract provided.
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen
Journal Articles
This essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the "meat market" in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates.
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson
Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Robinson
Law Faculty Publications
Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …
Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey
Jackson V. Birmingham Board Of Education: Title Ix's Implied Private Right Of Action For Retaliation, Elizabeth Mccuskey
Faculty Scholarship
The Supreme Court has penned countless words about the sound of statutory silence.' On March 29, 2005, the Court once again grappled with the meaning of silence in a statute, splitting along familiar 5-4 lines in Jackson v. Birmingham Board of Education.2 When the dust cleared, a male coach of a high school girls' basketball team, who was fired in retaliation for protecting his players' Title IX3 rights, possessed a private right of action arising from the statute itself.4 Although the Court has retreated from its high-water mark of implying private rights of action,5 in …