Law Commons^™

When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan

Loyola University Chicago Law Journal

This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …

Rodriguez At Fifty: Lessons Learned On The Road To A Right To A High-Quality Education For All Students, Kimberly Jenkins Robinson

Loyola University Chicago Law Journal

No abstract provided.

And On The Third Wave: Using Intersectionality To Resurrect Heightened Scrutiny In Public Education Litigation, Chris Chambers Goodman

Loyola University Chicago Law Journal

This Symposium marks the fiftieth anniversary of San Antonio Independent School District v. Rodriguez, and seeks to address how society could have been different if the Supreme Court had recognized education as a fundamental right. It also considers how the lack of a fundamental right to education may have led to the under-education of our population and may be linked to other issues like economic inequality and the shifting landscape of fundamental rights.

This Article focuses on the ties between race and socioeconomic status in public school K–12 education. It analyzes the impact of the Rodriguez holding that education …

A Law & Macroeconomics Critique Of San Antonio Independent School District V. Rodriguez, Steven A. Ramirez

Loyola University Chicago Law Journal

Fifty years ago, the Supreme Court decided, in San Antonio Independent School District v. Rodriguez, to permit states to provide dramatically disparate funding for childhood education from district to district, thereby concretizing and propagating racial and economic inequality indefinitely. This Article shows that this decision entails staggering macroeconomic costs, undermines human development in the United States, and has hindered the government from promoting general welfare, domestic tranquility, and common defense. The opinion pursued the political objectives of the Southern Strategy and does not rest upon a legitimate exercise of judicial power. Rodriguez furthers the replication of our nation’s racial …

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …

Families, Schools, And Religious Freedom, Helen M. Alvaré

Loyola University Chicago Law Journal

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …

States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan H. Caminker

Loyola University Chicago Law Journal

Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …

San Antonio Independent School District V. Rodriguez At Fifty: Contingencies, Consequences, And Calls To Action, Martha Minow

Loyola University Chicago Law Journal

When the Supreme Court of the United States decided San Antonio Independent School District v. Rodriguez, the Court’s five-to-four decision not only closed the door to federal courts to predominantly Mexican American low-income students seeking constitutional protection against unequal public education; it also rejected claims of federal constitutional right to equal educational opportunity, rebuffed calls for heightened judicial scrutiny of classifications drawn on the basis of wealth or poverty, and let stand unaltered school finance arrangements producing different per pupil expenditures depending solely on where students live. Setbacks though can inspire. Faced with the decision in Rodriguez, advocates …

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Loyola University Chicago Law Journal

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …

School Shooting Simulations: At What Point Does Preparation Become More Harmful Than Helpful?, Lauren Rygg

Children's Legal Rights Journal

No abstract provided.

The Strained Dynamic Of The Least Restrictive Environment Concept In The Idea, Bonnie Spiro Schinagle, Marilyn J. Bartlett

Children's Legal Rights Journal

No abstract provided.

Spotlight On: School Violence Prevention, Paige Steffen

Children's Legal Rights Journal

No abstract provided.

Opposing Viewpoints: Preparing Students, Teachers, And The Community For School Shootings: Saving Lives With Active Shooter Simulations, Michael Gubiotti

Children's Legal Rights Journal

No abstract provided.

Democratizing Higher Education: Defending & Extending Income Based Repayment Programs, Frank Pasquale

Loyola Consumer Law Review

No abstract provided.

Around The World: America Ahead Of The Curve With Discussion Around Least Restrictive Environment: Education Rights For Children With Disabilities Around The World, Elise Harmening

Children's Legal Rights Journal

No abstract provided.

United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton

Loyola University Chicago Law Journal

The False Claims Act (“FCA”) is the government’s primary tool in combatting procurement fraud. It allows the United States to litigate cases alleging fraudulent claims against governmental entities, and also allows whistleblowers (called relators) to bring such cases, litigate them on behalf of the government, and collect a share of the proceeds. The viability of the FCA depends on its ability to encourage whistleblowers to come forward and report fraud committed by contractors with the government. One limitation on whistleblowers’ ability to litigate FCA cases is the so-called public-disclosure bar, which bars claims that have been publicly exposed.1 This bar …

Education Connection: A Prison To School Pipeline: Preparing Incarcerated Youth For Reentry Into Society And Public School, Jade Gary

Children's Legal Rights Journal

No abstract provided.

Vergara V.State Of California:Judicial Aboliton Of Teacher Tenure?, Perry A. Zirkel

Public Interest Law Reporter

No abstract provided.

Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder

Loyola University Chicago Law Journal

Sexual assault is a pervasive problem on college campuses, yet colleges and universities are frequently criticized for their failure to address it. As a result, Congress passed the Campus Sexual Violence Elimination Act (“Campus SaVE Act”) in 2013. The Campus SaVE Act aims to address the unique needs of victims of sexual assault on college campuses by adding much needed protections for students, such as mandating increased reporting of crime statistics. Moreover, the Act helps students by requiring schools to create plans to prevent this violence, to educate victims on their rights and resources, and to detail processes that are …

Opposing Views: The Divide In Public Education Funding – Property Tax Revenue, Magda Derisma

Children's Legal Rights Journal

No abstract provided.

Education Connection: Financial Education Leads To Better Financial Decisions, Lauren Goyette

Children's Legal Rights Journal

No abstract provided.

A Path To Citizenship Through Higher Education For Undocumented Students In The United States: Examining The Implications Of Martinez V. The Regents Of The University Of California, Diana Moreno

Children's Legal Rights Journal

No abstract provided.

Interview With: An American Dreamer Shaping The Land Of Opportunity, Thalia Roussos

Children's Legal Rights Journal

No abstract provided.

Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh

Children's Legal Rights Journal

No abstract provided.

Give And Take: The Chicago Teachers Union Strike And Its Local And National Impact, Margaret Jones

Public Interest Law Reporter

No abstract provided.

Education Connection: The Chilling Effects Of Student Immigration Tracking Systems Violate Plyler, Dan Baczynski

Children's Legal Rights Journal

No abstract provided.

Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl

Loyola University Chicago Law Journal

This Article is about “madness” in higher education. In Mad at School: Rhetorics of Mental Disability and Academic Life, Professor Margaret Price analyzes the rhetoric and discourse surrounding mental disabilities in academia. In this Article, I place Price’s work in a legal context, discussing why the Americans with Disabilities Act fails those with mental illness and why reform is needed to protect them. My own narrative as a law professor with Borderline Personality Disorder frames my critique. Narratives of mental illness are important because they help connect those who are often stigmatized and isolated due to mental illness and …

In Or Out: States Offer Different Tuition Rates Based On Citizenship, Michael J. Lorden

Public Interest Law Reporter

No abstract provided.

Tenure Reform Amidst Economic Uncertainty: A New Jersey Model For Retaining Quality Teachers, Alisha Howell

Public Interest Law Reporter

No abstract provided.

A Broken American Dream: The Current State Of U.S. Immigration Laws And Its Adverse Effect On Students, Education, And The Economy, Sabena Auyeung

Public Interest Law Reporter

No abstract provided.