Law Commons^™

Analysis Of Carson V. Makin, Wilson Huhn

Duquesne Law Review

Many school districts in the State of Maine lack high schools, so the children in those districts must attend another school selected by their parents.¹ In 1873 the State of Maine enacted a tuition assistance program, called "town tuitioning," that offers a stipend to participating schools to partially defray the cost of educating children from districts that lack a high school.² In 1981 the State of Maine enacted a law that categorically excludes "sectarian schools" from participating in the tuition assistance program.³ The Maine Department of Education defines a "sectarian school" as a school that is both …

Talk Should Be Cheap: The Supreme Court Has Spoken On Compelled Fees, But Universities Are Not Listening, Falco Anthony Muscante Ii

Duquesne Law Review

Taking money from a person to support political and ideological projects with which that person disagrees is, in the words of Thomas Jefferson, "sinful and tyrannical." Public universities are meddling with sin and tyranny by compelling some students to pay mandatory student activity fees in support of political and ideological activities with which those students disagree. This Article provides separate legal and historical backgrounds for both public union dues and fees and the more-recent public university student activity fees to ultimately propose a constitutional system congruent with Janus v. AFSCME, Council 31, and its impact on Board of Regents …

A "Mere Shadow" Of A Conflict: Obscuring The Establishment Clause In Kennedy V. Bremerton, Ann L. Schiavone

Duquesne Law Review

In Kennedy v. Bremerton School District,¹ the Roberts Court continued its move to carve out larger spaces for religious practice and expression in public spheres.² But in so doing it left lower courts and school districts with many more questions than answers concerning what the Establishment Clause means and what it requires of them. Can school districts still protect students from religious coercion by teachers, classmates, and others? Are entanglements between church and state or the appearance of endorsement no longer problematic?³ Should the individual history and tradition of schools and communities influence decision making on …

The School Of Hard Knocks: Examining How Pennsylvania School Disciplinary Policies Push Black Girls Into The Criminal Justice System, Brazitte A. Poole

Duquesne Law Review

No abstract provided.

Reexamining The Examiners: The Need For Increased Government Regulation Of Accreditation In Higher Education, Sarah Molinero

Duquesne Law Review

Higher education institutions in the United States must be accredited by an agency recognized by the Department of Education to be eligible to receive federal funding, making accreditation critical to an institution's survival. But while the federal government relies on accreditation as a benchmark for dispersing billions of taxpayer dollars each year, it specifically disclaims accountability for the quality of education that students actually receive at accredited institutions.

With the increase in for-profit education, mounting student loan debt, and a growing trend in competition for international student recruitment, the accreditation system utilized in the United States for over 100 years …

Education - Federal Statutory Right Of Handicapped Children To An Appropriate Education - Residential Placement, Kathryn L. Bindas

Duquesne Law Review

The United States Court of Appeals for the Third Circuit has held that a profoundly retarded child has a right to residential placement to obtain appropriate education guaranteed by the Education for All Handicapped Children Act of 1975 even though such placement also meets his social and medical needs.

Krue le v. New Castle County School District, 642 F.2d 687 (3d Cir. 1981).

Constitutional Law - Fourteenth Amendment - Due Process Clause - Civil Rights - Section 1983 - Corporal Punishment, Richard A. Stevens

Duquesne Law Review

The United States Court of Appeals for the Fourth Circuit has held that a public school student severely injured by the use of disciplinary corporal punishment can press substantive due process claims under 42 U.S.C. § 1983 for deprivation of the fourteenth amendment right to bodily security.

Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980).

Civil Rights - Sex Discrimination - Title Ix Of The Education Amendments Of 1972 - Implied Right Of Action, Kathy Condo-Caritis

Duquesne Law Review

The Supreme Court of the United States has held that a private right of action can be implied for victims of sex discrimination under Title IX of the Education Amendments of 1972.

Cannon v. University of Chicago, 441 U.S. 677 (1979).