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Articles 1 - 23 of 23
Full-Text Articles in Law
Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck
Petition For A Writ Of Certiorari, Arons V. Office Of Disciplinary Counsel Of The Supreme Court Of De, No. 00-509 (U.S. Oct 02, 2000), David C. Vladeck
U.S. Supreme Court Briefs
No abstract provided.
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Keeping The Sex In Sex Education: The First Amendment's Religion Clauses And The Sex Education Debate, Gary J. Simson, Erika A. Sussman
Cornell Law Faculty Publications
No abstract provided.
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
UF Law Faculty Publications
Among the nine revisions proposed to Florida voters by the Constitution Revision Commission in 1998, Revision 6 fundamentally enhanced Florida's responsibility for public education. Revision 6 amended Article IX, Section 1, of the Florida Constitution, which sets forth the State's duty to provide for public education. Entitled “PUBLIC EDUCATION OF CHILDREN,” Revision 6 makes a declaration of the relative importance of education to the people of Florida, and describes as “paramount” the duty of the state to adequately provide for education. Revision 6 goes on to detail and raise the constitutional standard for what constitutes “adequate provision” for public education, …
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas
Popular Media
No abstract provided.
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr
Journal Publications
"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Faculty Scholarship
In exploring the range of the First Amendment issues raised by school efforts to discipline students for Internet activities, this Article first examines Supreme Court and lower court precedent involving student speech outside of the Internet context. It then looks at Beussink, the first reported decision to involve discipline of a student for Internet speech. It also discusses other Internet situations in which schools have sought to impose sanctions on students. In its final section, it applies free speech methodology to a range of Internet situations. This exploration identifies some situations where a school is free to control speech that …
Peer Harassment--Interference With An Equal Educational Opportunity In Elementary And Secondary Schools, Ivan E. Bodensteiner
Peer Harassment--Interference With An Equal Educational Opportunity In Elementary And Secondary Schools, Ivan E. Bodensteiner
Law Faculty Publications
No abstract provided.
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel
Publications
No abstract provided.
What Does The Constitution Say About The Vouchers?, John H. Garvey
What Does The Constitution Say About The Vouchers?, John H. Garvey
Scholarly Articles
No abstract provided.
Discrimination By Proxy: The Case Of Proposition 227 And The Ban On Bilingual Education, Kevin R. Johnson, George A. Martinez
Discrimination By Proxy: The Case Of Proposition 227 And The Ban On Bilingual Education, Kevin R. Johnson, George A. Martinez
Faculty Journal Articles and Book Chapters
No abstract provided.
Typology And Critique Of Title Ix Sexual Harassment Law After Gebser And Davis, William A. Kaplin
Typology And Critique Of Title Ix Sexual Harassment Law After Gebser And Davis, William A. Kaplin
Scholarly Articles
Sexual harassment is not a new phenomenon. It has long been with us in harassment problem in colleges and universities, focusing particularly on the harassment of students by their teachers or by their peers. Special attention will be given to whether and how students may hold colleges and universities liable in court for money damages for a failure to protect them from harassment. Then, using such private causes of action by students as the centerpiece, this article will develop a typology of Title IX sexual harassment claims and of the variable contexts in which they may arise. Following the typology, …
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Scholarly Works
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan
Baldridge V. Board Of Trustees: A Case For Reform Of Montana's Tenured Teacher Dismissal Process, Michelle Bryan
Faculty Law Review Articles
This article discusses the need for articulated guidelines in Montana’s tenured teacher dismissal process. Part II chronicles the history of Baldridge II. Part III places Baldridge II in context by tracing the legal evolution of tenured teacher dismissals in Montana. Part IV critiques the Montana Supreme Court’s reasoning in Baldridge II. Finally, Part V offers suggestions for mitigating the inadequacies of Montana's tenured teacher dismissal process.
Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson
Why A Fundamental Right To A Quality Education Is Not Enough, James G. Wilson
Law Faculty Articles and Essays
This article relies upon the political and economic analysis of such great thinkers as Aristotle and Rousseau to understand and normatively evaluate constitutional caselaw in general and education cases in particular. The article's title contains its conclusion: a judicially created right to a quality education is a laudable, but possibly counterproductive and definitely insufficient condition, for creating a humane constitutional system. The rest of society needs to do far more to protect the average citizen and worker from the ever-ravenous ruling class. All the edification in the world will not mean much if there are only a few decent jobs …
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Religious Clubs In The Public Schools: What Happened After Mergens?, Dena S. Davis
Law Faculty Articles and Essays
The Equal Access Act, upheld by the Supreme Court in Board of Education v. Mergens, requires public secondary schools to allow access to religiously based student groups on the same basis as other student clubs. Mergens presents many challenges to civil libertarians, who may find their traditional sympathies aligned on both sides of the issue. This article seeks to throw light on some of those issues by reporting on a research project that ascertained the actual effect of the Act on public high schools in Ohio.
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Employment Discrimination In Higher Education, Oren R. Griffin, Thomas P. Hustoles
Articles, Chapters in Books and Other Contributions to Scholarly Works
During 1999, the most significant development in employment discrimination law involving colleges and universities, by a large margin, was a series of cases affirming that Eleventh Amendment immunity from private money damage claims brought pursuant to various federal employment discrimination statutes applied to state colleges and universities. This development eventually culminated in the Supreme Court's year 2000 decision in Kimel v. Florida Board of Regents.' Numerous other interesting decisions were rendered that, although not creating any bold new law, either affirmed trends in past cases, or illustrated important practical implications for generally predicting judicial outcomes given certain fact patterns. After …
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas
Faculty Publications
No abstract provided.
Separation And Schools, Kent Greenawalt
Separation And Schools, Kent Greenawalt
Faculty Scholarship
In commenting on these rich papers by Michel Troper and Michael McConnell, I first analyze the implications of legal and political theory for religious liberty and separation of church and state. I then turn to underlying premises of modern liberal theory about moral education and tolerance among citizens. Lastly, I concentrate on separation as it affects the schooling of children. Despite Professor Troper's emphasis on the uniqueness of French understanding and history, I was struck by how closely French problems about schooling, and their possible resolutions, resemble those in the United States.
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
Journal Articles
This Article is intended to be a primer on the legality and morality of educational choice—"School Choice in a Nutshell," if you will. We are resigned to being pre-empted by the tireless work of grassroots activists, the choices of voters, and the decisions of judges. Still, we hope, in somewhat polemical fashion, to establish two basic claims. First, school choice, properly understood, is constitutional. And second, school choice is both sensible and just.
In the end, we believe "school choice . . . is essential to achieving equality of opportunity for American children, rich or poor. School choice treats the …
Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty
Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty
Faculty Scholarship
After almost 12 years in law teaching, I approached my first sabbatical with a single goal: to free myself from cases. At that time my clinic clients were primarily parents who were involved in family court proceedings in which they were trying to preserve their parental rights and get their children out of the foster care system. Such cases are emotionally draining for both the client and the lawyer. Thus, while I welcomed the chance to have a semester off from teaching and attending faculty and committee meetings, I felt that I needed a break from the demands of lawyering …