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Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman
Overcoming Obstacles To Religious Exercise In K-12 Education, Lewis M. Wasserman
Lewis M. Wasserman
Overcoming Obstacles to Religious Exercise in K-12 Education Lewis M. Wasserman Abstract Judicial decisions rendered during the last half-century have overwhelmingly favored educational agencies over claims by parents for religious accommodations to public education requirements, no matter what constitutional or statutory rights were pressed at the tribunal, or when the conflict arose. These claim failures are especially striking in the wake of the Religious Freedom Restoration Acts (“RFRAs”) passed by Congress in 1993 and, to date, by eighteen state legislatures thereafter, since the RFRAs were intended to (1) insulate religious adherents from injuries inflicted by the United States Supreme Court’s …
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish
How Quickly We Forget: The Short And Undistinguished Career Of Affirmative Action, Robert Parrish
Robert Parrish
Diversity initiatives in higher education, also known as affirmative action are nearing their nadir. For those who have been watching the jurisprudence and the progression of events closely this should come as little surprise. These initiatives have been under attack since their very inception and now sit teetering on the brink of being declared unconstitutional as the United States Supreme Court considers Fisher v. Texas. Beginning with Regents of California v. Bakke in 1978, the Supreme Court has gradually and consistently whittled away these higher education diversity programs, leaving them currently in a vulnerable and legally precarious position. The Court’s …
The Legal Impact Of Emerging Governance Models On Public Education And Its Office Holders, Robert A. Garda Jr., David Doty
The Legal Impact Of Emerging Governance Models On Public Education And Its Office Holders, Robert A. Garda Jr., David Doty
Robert A. Garda
The idea that changing the formal structure of governance can lead to better schools is rooted in American political and intellectual history. Politicians, career educators, parents, business leaders, and investors continue to wrangle over the control of public schools all across the country. With these battles for control have come more lawsuits, more laws, and more administrative regulations dictating the governance structures of educational institutions. Indeed, one could argue that, in recent years, debates over how schools and school districts should be governed have subsumed the curriculum debates over how and what children should be taught. Leadership matters, and therefore …
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Bullying Across The Lifecourse: Redefining Boundaries, Responsibility, And Harm, Nancy J. Knauer
Nancy J. Knauer
Over the last fifteen years, our understanding of bullying has experienced a radical redefinition. In our schools, universities, workplaces, and assisted living facilities, behavior that we once dismissed as “horseplay” or “teasing” has increasingly been labeled as unacceptable and, in some instances, criminal. We seem to have reached one of those societal tipping points where certain behaviors we once took for granted are no longer acceptable. Not that long ago, sexual harassment was simply the cost of being female in the workplace, but the 1980s saw a period of redefinition when sexual harassment was reinterpreted and understood to be a …
"All Areas Of Suspected Disability", Mark C. Weber
"All Areas Of Suspected Disability", Mark C. Weber
Mark C. Weber
The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child’s . . . educational needs that result from the child’s disability,” and a statement of special education and related services that will be provided for the child “to advance appropriately toward attaining annual goals.” Courts have strictly enforced these requirements in the last several years, remedying violations of IDEA when school districts fail to assess in all areas of …
Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman
Interest-Convergence And The Disability Paradox: An Account Of The Racial Disparities In Disability Determinations Under The Ssa And Idea, Jana R. Dicosmo, Robert L. Hayman, Jordan G. Mickman
Robert L. Hayman
No abstract provided.