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Full-Text Articles in Law
The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner
The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner
Fordham Urban Law Journal
This Article examines how the concept of equality has played out in the efforts of the courts to define student rights in several important areas. These include school prayer and flag salutation, racial discrimination and cases concerning students with learning disabilities. The Article examines how differences in these areas are first conceptualized and then addressed by the courts. This Article discusses good school practices and addresses the educational methods which have been proven to be effective. The common thread in effective educational doctrine is that programs which integrate and include students are often the most effective education method on many …
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Public School Drug Searches: Toward Redefining Fourth Amendment "Reasonableness" To Include Individualized Suspicion, Jill I. Braverman
Fordham Urban Law Journal
Incidents of illegal drug use' and violent crime plague public school authorities across the nation. As narcotics and weapons appear on school campuses, school officials seek to conduct searches of students' lockers, property, and persons for contraband or prohibited weapons. Public school authorities justify their actions by stating that since the state requires children to attend school, the state retains a compelling interest, if not an affirmative duty, in ensuring that the school environment remain free of illegal substances which might present safety hazards to teachers or fellow students. The fourth amendment to the United States Constitution was adopted to …
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Stough V. Crenshaw Country Board Of Education: Parental Rights And Segregation Academies, Stuart Melnick
Fordham Urban Law Journal
The author of this student note explores a recent 11th Circuit decision in Strough v. Crenshaw Country Board of Education, which held that the state's proffered interests were not compelling, and therefore failed to override a fundamental right. In the case, a county school board forbid its employees from sending their children to private school, and the regulation was contested by two tenured teachers who sought to enroll their children in a private, racially segregated school. The court eventually found that a parent's right to educate their child was a fundamental right, and the policy reasons advanced by the school …