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Articles 1 - 30 of 34
Full-Text Articles in Entire DC Network
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley
Law Student Publications
As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Resurrecting The Promise Of Brown: Understanding And Remedying How The Supreme Court Reconstitutionalized Segregated Schools, Kimberly J. Robinson
Law Faculty Publications
The Supreme Court's decision in Brown v. Board of Education held that separate educational facilities were "inherently unequal." After tolerating substantial delay and evasion of the requirements of Brown, the Court eventually required school districts to dismantle the dual systems by eliminating all traces of separate schools and creating integrated schools. In contrast to numerous scholars that have contended that many of the Court's later school desegregation decisions withdrew from or grew weary of school desegregation, this Article argues that the effect of many of the Court's leading school desegregation decisions was to reconstitutionalize segregated schools. Furthermore, the Court's …
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Plagiarism In Cyberspace: Learning The Rules Of Recycling Content With A View Towards Nurturing Academic Trust In An Electronic World, Deborah R. Gerhardt
Richmond Journal of Law & Technology
Plagiarism is an issue of trust. If we respect honor codes, we gain the comfort of knowing that what we read is spoken in the voice of the author and what we write will not be misrepresented as someone else’s original work. Are these simple comforts anachronistic? Perhaps. Acts of plagiarism among students are on the rise, and recently, a series of famous academics, historians, journalists, and even a Tony-award nominated playwright have been accused of plagiarism. If our academic communities hope to reverse this trend, we must reflect on how and why plagiarism occurs and what we can do …
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
University of Richmond Law Review
No abstract provided.
Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler
Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler
University of Richmond Law Review
Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.
A Matter Of Normative Judgment: Brentwood And The Emergence Of The "Pervasive Entwinement" Test, Michael A. Culpepper
A Matter Of Normative Judgment: Brentwood And The Emergence Of The "Pervasive Entwinement" Test, Michael A. Culpepper
University of Richmond Law Review
The Fourteenth Amendment remains the great Rorschach test of one's underlying jurisprudential beliefs. For those of a "progressive" bent, the amendment is a "sweeping mandate," while those more inclined toward powdered wigs and judicial formalism criticize the amendment as an instrument of "freewheeling judicial] lawmaking." It is a philosophical impasse, one that centers around the apparently ambiguous prohibition against deprivations of due process and denials of equal protection. Unfortunately, the strictures from the high court and Congress remain equally ambiguous-particularly in the realm of state action. Metaphors, such as "winks and nods," "sifting facts and weighing circumstances " and "under …
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl
University of Richmond Law Review
For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
Reanimator: Mark Tushnet And The Second Coming Of The Imperial Presidency, Neal Devins
University of Richmond Law Review
A world without judicial review? Not that long ago-when the Left fought tooth and nail to defend the legacy ofthe Warren and (much of the) Burger Courts-the thought of taking the Constitution away from the courts would have been horrific. Witness, for example, Edward Kennedy's depiction of "Robert Bork's America!' as "a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids." Bork's sin, of course, was embracing a kind of populist constitutional discourse, that is, the notion that the founders "banked …
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman
University of Richmond Law Review
Constitutional review is the activity of measuring action choices of governments against a pre-existing set of publicly known or ascertainable, "higher" norms for the conduct of government. Anyone can do it: chief executives pondering vetoes or preparing state messages; legislators contemplating legal change; police chiefs reviewing department manuals; school board members debating curriculum guides; city planners routing highway expansions; citizens lobbying and pundits castigating any or all of the above; dinner partners talking politics; candidates running for office; voters turning out rascals. "American-style judicial review," let us say, is constitutional review conducted by a nonpopular, unelected, life-tenured body, whose decisions, …
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington
University of Richmond Law Review
In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …
Our Imperial First Amendment, Paul D. Carrington
Our Imperial First Amendment, Paul D. Carrington
University of Richmond Law Review
I come to the First Amendment not as a member of the cogno- scenti, but as an observer of the secondary effects on judicial institutions of some interpretations of the Amendment made over the last thirty-five years or so. I deplore those specific effects and I will be direct in saying so. But in considering them, I have been struck by the extent of the federal courts' progress in subordinating to their own governance a wide range of other issues of great concern to citizens, all in the name of the First Amendment, a text intended to foster democratic institutions.
The Constitution As A Whole: A Partial Political Science Perspective, Mark A. Graber
The Constitution As A Whole: A Partial Political Science Perspective, Mark A. Graber
University of Richmond Law Review
The Bill of Rights: Creationand Reconstruction ("The Bill of Rights")' is a professionally rewarding and disturbing masterpiece. The work is professionally rewarding because Professor Akhil Amar develops a meticulously detailed, historically sophisticated, and largely persuasive account of how the liberties set out in the Bill of Rights were originally understood and the original relationship between the Bill of Rights and the Fourteenth Amendment. This is state of the art legal scholarship that will no doubt influence the way the next generation of constitutional lawyers and historians study fundamental constitutional rights. Professor Amar's book is professionally disturbing in part because, having …
Response: Continuing The Conversation, Akhil Reed Amar
Response: Continuing The Conversation, Akhil Reed Amar
University of Richmond Law Review
In The Bill of Rights: Creation and Reconstruction, I aimed to start a conversation, not end one. I am thus grateful for the generosity of the many fine scholars who in the preceding pages have graciously accepted the invitation to converse. And I am especially grateful for the extraordinary hospitality of the University of Richmond Law Review, which has kindly given a home to this conversation.
Students' Rights And How They Are Wronged, Nadine Strossen
Students' Rights And How They Are Wronged, Nadine Strossen
University of Richmond Law Review
Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.
Public School Desegregation In Virginia During The Post-Brown Decade,, Carl W. Tobias
Public School Desegregation In Virginia During The Post-Brown Decade,, Carl W. Tobias
Law Faculty Publications
Professor Tobias chronicles the social, political, and legal dimensions of Virginia's slow path to school desegregation following the Supreme Court's 1954 Brown v. Board of Education ruling. He compares Virginia's "massive resistance" strategy to the less recalcitrant approach of neighboring North Carolina.
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
University of Richmond Law Review
On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
University of Richmond Law Review
Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …
The Supreme Court As A Political Institution, Benjamin L. Hooks
The Supreme Court As A Political Institution, Benjamin L. Hooks
University of Richmond Law Review
The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.
Balancing The Federal Judiciary, Anne Bryant
Balancing The Federal Judiciary, Anne Bryant
University of Richmond Law Review
Since the American Association of University Women first published the associational brief "Balancing the Federal Judiciary" in 1988, two new Associate Justices (David Souter and Clarence Thomas) have joined the Supreme Court. The Court has continued to chip away at the rights of women and minorities, with damaging decisions in areas such as reproductive rights (e.g., Webster v. Reproductive Health Services) and employment discrimination(e.g., Wards Cove Packing Company v. Atonio). With a conservative majority in place on the Supreme Court until well into the next century and Reagan and Bush appointees comprising more than half of the nation's federal judges, …
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
University of Richmond Law Review
This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.
A Tribute To D. Dortch Warriner, Theodore J. Burr Jr.
A Tribute To D. Dortch Warriner, Theodore J. Burr Jr.
University of Richmond Law Review
I first met David Dortch Warriner in the spring of 1976 when I called him at his Emporia, Virginia office to see if he had a position available in his law firm for a lawyer just out of law school. Although I had not met him prior to my call, I knew a little of him because he was a district chairman in the Republican Party of Virginia at the time.
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
University of Richmond Law Review
Minimum competency testing1 has been described as the "next major reform movement in American education." It also has been described as the "Great American Fad of the 1970's." The call for a minimum competency test requirement for graduation from high school resulted from increasing public concern about rising illiteracy rates and declining standardized test scores. This concern has created a "back to basics" trend in education, with a concurrent emphasis on educational accountability. This was the point at which most state legislatures entered the process by enacting accountability statutes. The competency tests are an aspect of this accountability. They are …
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …
Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams
Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams
University of Richmond Law Review
In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
University of Richmond Law Review
Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.
Constitutional Law-Equal Protection-Federal Court Cannot Order Multi-School District Remedy For Single District De Jure Segregation Absent An Interdistrict Violation
University of Richmond Law Review
The landmark decision of Brown v. Board of Education held that the equal protection clause of the fourteenth amendment prohibited a state from maintaining racially segregated public schools. After years of attempted but ineffective implementation of the mandate of Brown I, the Supreme Court attacked the issue with vigor in the late 1960's. State and local authorities-were placed under an affirmative duty to convert to a unitary school system which promised to work immediately towards the elimination of the discrimination inherent in state compelled dual school systems.