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Full-Text Articles in Law

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca Dec 2007

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …


When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas Jul 2007

When Is A "Minor" Also An "Adult"?: An Adolescent's Liberty Interest In Accessing Contraceptives From Public School Distribution Programs, Joshua A. Douglas

Law Faculty Scholarly Articles

Imagine “Mary,” a sixteen-year-old junior in high school, who has been dating “John,” a seventeen-year-old senior, for three years in a serious relationship. Mary knows that she and John should practice safe sex, and she does not want to become pregnant or catch a sexually transmitted disease. However, she is concerned that her parents will not approve of her activities and will not help her in obtaining contraceptives. John also feels that he is mature enough to make the decision to have sex, yet he knows that his parents will want to consent before he can receive condoms from his …


Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski Apr 2007

Actually, We Are Leaving Children Behind: How Changes To Title I Under The No Child Left Behind Act Have Helped Relieve Public Schools Of The Responsibility For Taking Care Of Disadvantaged Students' Needs, Emily Suski

Faculty Publications

This article calls attention to the changes to Title I under NCLB that do a disservice to disadvantaged students. Under NCLB, Title I has shifted from its original focus on meeting the needs of disadvantaged students. These changes have removed almost any responsibility at all for taking care of the needs of disadvantaged students so they can learn in school, something this article terms ‘dynamic caretaking.’ It calls for revising Title I to require this kinds of dynamic caretaking in order to improve disadvantaged students’ access to education in public schools.


Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer Feb 2007

Moving Beyond Strict Scrutiny: The Need For A More Nuanced Standard Of Protection Analysis For K Through 12 Integration Programs, Deborah N. Archer

Articles & Chapters

In Comfort v. Lynn School Committee, the United States Court of Appeals for the First Circuit evaluated a race-conscious student assignment program using the affirmative action strict scrutiny framework of Grutter v. Bollinger. Comfort is part of a trend of applying strict scrutiny to race-conscious integration programs that has gained new momentum following the decision in Grutter. Invited by the Supreme Court's seemingly unequivocal language in Adarand Constructors v. Pena, that "all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny," federal district and appellate courts confronted with …


Service Pays: Creating Opportunities By Linking College With Public Service, Ganesh Sitaraman, Elizabeth Warren, Sandy Baum Jan 2007

Service Pays: Creating Opportunities By Linking College With Public Service, Ganesh Sitaraman, Elizabeth Warren, Sandy Baum

Vanderbilt Law School Faculty Publications

If college is to be the gateway to security and success, then a new financing mechanism is essential, one that lets students take responsibility for the cost of their own educations without burdening their families unduly, forcing them into career choices that push them out of public service, or mortgaging their futures. Our Service Pays proposal is designed to give every student who wants to work hard a means of paying for college - and to give young people an economically viable option to engage in public service for a few years after college. After describing the high costs of …


Racial Disparities In U.S. Public Education And International Human Rights Standards: Holding The U.S. Accountable To Cerd, Amelia Parker Jan 2007

Racial Disparities In U.S. Public Education And International Human Rights Standards: Holding The U.S. Accountable To Cerd, Amelia Parker

Human Rights Brief

No abstract provided.


The Impact Of Abbott V. Burke On Community-Based Preschool Teachers Education Employability, And Pedagogical Competencies, Collen Malleo Jan 2007

The Impact Of Abbott V. Burke On Community-Based Preschool Teachers Education Employability, And Pedagogical Competencies, Collen Malleo

Seton Hall University Dissertations and Theses (ETDs)

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The Inadequacy Of Adequacy Guarantees: A Historical Commentary On State Constitutional Provisions That Are The Basis For School Finance Litigation, Joseph P. Viteritti Jan 2007

The Inadequacy Of Adequacy Guarantees: A Historical Commentary On State Constitutional Provisions That Are The Basis For School Finance Litigation, Joseph P. Viteritti

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.