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Full-Text Articles in Law
From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell
From Louisville To Liddell: Schools, Rhetorical Neutrality, And The Post-Racial Equal Protection Clause, Cedric Merlin Powell
Cedric M. Powell
As we commemorate the inspiring legacy of Minnie Liddell and countless liberation activists who struggled for substantive equality in education for generations, it is appropriate to reflect on the current state and future of urban education. The school desegregation (integration) movements in Louisville, Kentucky and St. Louis, Missouri can best be understood as two distinct permutations of the Process Theory. In Louisville, the process-orientation tilts toward individual choice—neighborhood schools are at the core of all of the discussions about student assignment plans. Conversely, in St. Louis, the seminal process initiative is charter schools. Neither processual outcome addresses the present day …
Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett
Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett
Nicole Stelle Garnett
Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
The Middle Class, Urban Schools, And Choice, Michael Lewyn
Michael E Lewyn
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Stephen D Sugarman
This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …
Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii
Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii
Edward C Klein III
Teachers’ unions, in their current form, truly took shape in the tumult of the 1960’s. Built upon the model of industrial unionism first codified in the private sector with the National Labor Relations Act of 1935, and later extended to the public sector through state law, teachers’ unions simultaneously embraced the language of the Civil Rights movement and the classic labor-management dichotomy. Thus, teachers’ unions have come to be a powerful influence on American public education for over 50 years, representing approximately three-quarters of all public school teachers today.
However, the direction of teacher’s unions has not always been clear, …
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Nicole Stelle Garnett
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Margaret F Brinig
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine
America's New Civil Rights Movement: Education Reform, Public Charter Schools And No Child Left Behind, Jonathan C. Augustine
Jonathan C. Augustine
In Brown v. Board of Education, the Supreme Court placed access to educational opportunities at the heart of the twentieth century Civil Rights Movement. Moreover, in Grutter v. Bollinger, a case decided almost 50-years after Brown, the Court affirmed this time-honored philosophical position. While the concept of education reform is not new, the socioeconomic realities of recent years beg the question of whether the Court’s philosophical position has been compromised by so-called failing public schools. Indeed, from an African-American perspective, education reform has become America’s new civil rights movement. As January 2012 marked the 10-year anniversary of the No Child …
Culture Clash: Special Education In Charter Schools, Robert A. Garda Jr.
Culture Clash: Special Education In Charter Schools, Robert A. Garda Jr.
Robert A. Garda
Charter schools and special education for disabled students are based on conflicting education reforms and agency oversight principles. Charter schools operate in a culture of regulatory freedom and flexibility. They arose out of the modern era of accountability reform, in which student outcomes are the primary measure of school success and the driving engine of agency oversight. In stark contrast, special education laws were conceived in the civil rights era of education reform, which emphasized process and paid little attention to outcomes. The education of disabled students is steeped in a culture of regulatory oversight focused on rigid compliance with …