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Full-Text Articles in Law
When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan
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
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
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
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
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
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
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
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
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, …
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 …
Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder
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 …
Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl
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 …
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Loyola University Chicago Law Journal
This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufmann
Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufmann
Loyola University Chicago Law Journal
No abstract provided.
Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael
Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael
Loyola University Chicago Law Journal
No abstract provided.
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion, Neil G. Williams
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion, Neil G. Williams
Loyola University Chicago Law Journal
No abstract provided.
The Deconstitutionalization Of Education, Erwin Chemerinksy
The Deconstitutionalization Of Education, Erwin Chemerinksy
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
Loyola University Chicago Law Journal
No abstract provided.
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Loyola University Chicago Law Journal
No abstract provided.
Zelman V. Simmons-Harris: Authorizing School Vouchers, Education's Winning Lottery Ticket, Gia Fonté
Zelman V. Simmons-Harris: Authorizing School Vouchers, Education's Winning Lottery Ticket, Gia Fonté
Loyola University Chicago Law Journal
No abstract provided.
The Wrong Answer To A Serious Problem: A Story Of School Shootings, Politics And Automatic Transfer, Daniel E. Traver
The Wrong Answer To A Serious Problem: A Story Of School Shootings, Politics And Automatic Transfer, Daniel E. Traver
Loyola University Chicago Law Journal
No abstract provided.
The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman
The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman
Loyola University Chicago Law Journal
No abstract provided.
Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman
Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman
Loyola University Chicago Law Journal
No abstract provided.
Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo
Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo
Loyola University Chicago Law Journal
No abstract provided.
Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek
Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek
Loyola University Chicago Law Journal
No abstract provided.
Support For A Child's Post-Majority Education, Jeff Atkinson
Support For A Child's Post-Majority Education, Jeff Atkinson
Loyola University Chicago Law Journal
No abstract provided.
The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby
Loyola University Chicago Law Journal
No abstract provided.
Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha
Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha
Loyola University Chicago Law Journal
No abstract provided.
Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon
Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon
Loyola University Chicago Law Journal
No abstract provided.
Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr.
Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr.
Loyola University Chicago Law Journal
No abstract provided.