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Articles 1 - 29 of 29
Full-Text Articles in Law
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
The Educational Autonomy Of Perfectionist Religious Groups In A Liberal State, Mark D. Rosen
All Faculty Scholarship
This Article draws upon, but reworks, John Rawls’ framework from Political Liberalism to determine the degree of educational autonomy that illiberal perfectionist religious groups ought to enjoy in a liberal state. I start by arguing that Rawls mistakenly concludes that political liberalism flatly cannot accommodate Perfectionists, and that his misstep is attributable to two errors: (1) Rawls utilizes an overly restrictive “political conception of the person” in determining who participates in the original position, and (2) Rawls overlooks the possibility of a “federalist” basic political structure that can afford significant political autonomy to different groups within a single country. With …
An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck
An Analysis Of The Legal Obstacles To State Pension Reform, Jeremy Stuart Buck
Graduate Theses and Dissertations
Public pension systems are underfunded, straining state budgets. Historically, many states have presumed that they can modify pension benefits only as to newly-hired employees, and that they must leave benefit accruals untouched for current workers. More recently, though, states have begun enacting more fundamental pension reform that modifies future accruals or even reduces cost-of-living allowances for retirees. Nearly all such new reforms have been the subject of one or more lawsuits alleging that the federal and/or state constitution bars the legislature from reducing benefits or accrual patterns. This dissertation examines the legal underpinnings for arguments made against pension reform, and …
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
Reevaluating The Evaluations, Andy Brunner-Brown
Reevaluating The Evaluations, Andy Brunner-Brown
GGU Law Review Blog
No abstract provided.
Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo
Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo
San Diego Law Review
One of the most enduring educational debates of the past three decades has dealt with the legality and advisability of sex-segregated education. This debate can often look confusing, given a large number of debaters and the diversity of their perspectives and agendas. More than this diversity, however, the debate is confusing because the debate has been structured as a contest between the "innovation" of sex-segregated education and status quo coeducation. Missing from the debate is a comparison between reformed coeducation and a single-sex alternative, a comparison that is markedly more useful in determining what ought to be done about the …
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia
How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia
UF Law Faculty Publications
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
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
Journal Articles
An essay is presented on Catholic and charter schools and the closing of such schools in the U.S. The academic performance, parental involvement and the after-school religious education targeted for charter school students is discussed. The connections between the Catholic and charter schools and the legal issues governing conversion to charter schools is also discussed along with the concerns in the urban community due the closure of Catholic schools.
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Pepperdine Dispute Resolution Law Journal
As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Faculty Publications
No abstract provided.
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
Holding Teachers Accountable And Rewarding Those Who Perform: Evaluating A Performance-Based Pay System For West Virginia, Laura K. Omps
West Virginia Law Review
No abstract provided.
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Faculty Publications
Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …
Scrutinize This!: The Questionable Constitutionality Of Gender-Conscious Admissions Policies Utilized By Public Universities, Amy Hinkley
Pepperdine Law Review
No abstract provided.
Recovering Subsidiarity In Family Life Education, Karen Jordan
Recovering Subsidiarity In Family Life Education, Karen Jordan
William & Mary Journal of Race, Gender, and Social Justice
This article provides a rigorous analysis of the legitimacy of continuing to rely on and promote school-based family life education, as a way of addressing concerns associated with sexual activity by adolescents. The issue is crucial because empirical evidence strongly suggests that a school-based approach, regardless of curricular content, has failed. For reasons grounded in law and policy, this article advocates that states should retreat from school-based family life education and, instead, recover the insights of the philosophical principle of subsidiarity. Recovering subsidiarity means fully respecting and giving effect to the parental right and duty to educate children in matters …
Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins
Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins
Mel Cousins
This note examines the recent Irish High Court decision in Stokes v CBS High School which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The case concerned the fact that Mr. Stokes, a member of the Traveller community, was refused access to the school which was oversubscribed. The admission criteria included a rule whereby priority was given to children whose parents had attended the school and it was argued that this was indirectly discriminatory against …
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
Benton C. Martin
The No Child Left Behind Act of 2001 (NCLB), one of the most important pieces of education legislation in our nation’s history, is overdue for reauthorization. Prior attempts at reauthorization have failed because of political controversy surrounding the Act, including controversy surrounding the extent of the federal role in education. NCLB does not fit squarely into traditional models of federalism and new theories of federalism have emerged to address the unique new dynamics raised by its expansive use of the federal spending power. This Article argues these theories point to practical changes that Congress can make to improve NCLB.
Although …
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Dr. Lotem Perry-Hazan
The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …
Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Faculty Publications
Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …
Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone
Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In September 2010, an eye-catching article appeared on the front page of the New York Times “Arts” section. The headline read, “Cultures United to Honor Separatism.” Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to discuss cultural politics. As time would tell, pitched battles over sovereignty and independence seemed to be yielding to equally passionate calls for linguistic and cultural recognition. Facing the pressure of English as the global lingua franca, historically militant groups were placing their …
Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart
Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart
American Indian Law Review
No abstract provided.
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black
Georgia Law Review
During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …
American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries
American School Finance Litigation And The Right To Education In South Africa, Scott R. Bauries
Law Faculty Scholarly Articles
This paper addresses the South African Constitution's invitation to the Constitutional Court to 'consider foreign law' when interpreting its provisions. Focusing on the education provisions found in section 29 of the Constitution, I make two claims. Firstly, contrary to the developing consensus, American state supreme court jurisprudence in school funding cases makes a poor resource to aid the interpretation of the basic South African right to education, regardless of the quantum of education that the Constitutional Court decides is encompassed by the word 'basic'. Secondly, however, certain aspects of these same American decisions, particularly the space they provide for a …
The Education Duty, Scott R. Bauries
The Education Duty, Scott R. Bauries
Law Faculty Scholarly Articles
A constitution is an instrument of entrustment. By adopting a democratic constitution, a polity places in the hands of its elected representatives its trust that those representatives will act to pursue the ends of the polity, rather than their own ends, and that they will do so with an eye toward the effects of adopted policies. In effect, the polity entrusts lawmaking power to its legislature with the expectation that such power will be exercised with loyalty to the public and with due care for its interests. Simply put, legislatures are fiduciaries.
In this Article, I examine the nature of …
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
Journal Articles
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 …
The Lawmaking Family, Noa Ben-Asher
The Lawmaking Family, Noa Ben-Asher
Faculty Publications
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …