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Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe Jul 2011

Purpose And Effects: Viewpoint-Discriminatory Closure Of A Designated Public Forum, Kerry L. Monroe

University of Michigan Journal of Law Reform

In early 2010, amidst a series of racially charged incidents on campus, the student government president at the University of California at San Diego revoked funding to all student media organizations in response to controversial speech on the student-run television station. It is well established that once the government has opened a forum, including a "metaphysical" forum constituted by government funding for private speech, it may not discriminate based on the viewpoints expressed within that forum. However, it has not been clearly established whether the government may close such a forum for a viewpoint-discriminatory purpose. This Note argues that courts …


Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace Apr 2011

Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace

Indiana Law Journal

No abstract provided.


Courthouses Vs. Statehouses?, William S. Koski Apr 2011

Courthouses Vs. Statehouses?, William S. Koski

Michigan Law Review

Just over twenty years ago, the Kentucky Supreme Court declared the commonwealth's primary and secondary public-education finance system-indeed, the entire system of primary and secondary public education in Kentucky-unconstitutional under the "common schools" clause of the education article in Kentucky's constitution. That case has been widely cited as having ushered in the "adequacy" movement in school-finance litigation and reform, in which those challenging state school-funding schemes argue that the state has failed to ensure that students are provided an adequate education guaranteed by their state constitutions. Since the Rose decision in Kentucky, some thirty-three school-finance lawsuits have reached final decisions …


The Law Schools, Howard Glickstein Mar 2011

The Law Schools, Howard Glickstein

Howard Glickstein

No abstract provided.


The Curious Life Of In Loco Parentis At American Universities, Philip Lee Jan 2011

The Curious Life Of In Loco Parentis At American Universities, Philip Lee

Faculty Publications

In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.


Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman Jan 2011

Students' Fourth Amendment Rights In Schools: Strip Searches, Drug Tests, And More, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

At the end of June 2009, the Supreme Court decided Safford Unified School District No. 1 v. Redding, a case involving the strip search of a thirteen-year-old girl at an Arizona middle school. Thus, the Court has now decided four cases regarding public school students' Fourth Amendment rights while at school and the time is ripe to take stock of this jurisprudence as a whole. The following discussion provides such an overview. As an initial matter, it is useful to divide the Court's four Fourth Amendment cases into two categories: (1) cases involving suspicion-based searches of individual students, such as …


Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit Jan 2011

Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit

Michigan Law Review

Martha Nussbaum' describes Not For Profit: Why Democracy Needs the Humanities-her paean to a humanities-rich education-as a "manifesto, not an empirical study" (p. 121). Drawing on contemporary psychological research and classic pedagogical theories, Nussbaum convincingly argues that scholastic instruction in the humanities is a critical tool in shaping democratic citizens. Nussbaum shows how the study of subjects like literature, history, philosophy, and art helps students build essential democratic capacities like empathy and critical thought. Through myriad examples and anecdotes, Not For Profit sketches an appealing vision of what an ideal education should be in a democracy.