Law Commons^™

(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies

Human Rights & Human Welfare

© Gareth Davies. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.

A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas must work to better protect the legal rights of pregnant teenagers within its school districts. Without statewide requirements to ensure the elimination of pregnancy discrimination against students, school districts’ policies vary greatly and often include policies counter to the protections afforded both in Title IX and the Texas Education Code. Title IX requires the choice to attend an alternative school be completely voluntary. However, upon inspection, many Texas schools seem to violate this requirement by compelling or pressuring pregnant students to attend alternative education programs instead of adequately informing them of their educational options. The Texas Education Code guarantees …

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.

School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.

Academic Freedom On The Rack: Stretching Academic Freedom Beyond Its Constitutional Limits In Fair V. Rumsfeld, Rory Thomas Gray

Washington and Lee Law Review

No abstract provided.

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …

Rethinking Gender Opportunities: Nontraditional Sports Seasons And Local Preferences, Kristen Boike

University of Michigan Journal of Law Reform

In Communities for Equity v. Michigan High School Athletic Association, the Court of Appeals for the Sixth Circuit affirmed a district court decision, holding that the scheduling of high school girls' sports in "nontraditional" seasons in Michigan violated the Equal Protection Clause. The Supreme Court of the United States, granting certiorari, vacated and remanded this case back to the Sixth Circuit. This Note suggests reasons why the Sixth Circuit and/or the United States Supreme Court should protect the Michigan High School Athletic Association's (MHSAA) current scheduling of sports seasons. Specifically, using the model provided by Romer v. Evans and …

Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell

Washington Law Review

Single-sex education in public school systems has become increasingly popular in recent years. The Equal Rights Amendment to the Washington State Constitution (ERA) requires that males and females be treated equally where state action, such as public education, is involved. As demonstrated by the ERA's legislative history and Washington case law, the ERA prohibits differentiation on the basis of sex alone, which occurs where an individual would be treated differently in a given situation if that person were of the opposite sex. Legislative history and case law recognize two narrow exceptions to the ERA. Under the first exception, classification based …

Zero Privacy: Schools Are Violating Students' Fourteenth Amendment Right Of Privacy Under The Guise Of Enforcing Zero Tolerance Policies, Elisabeth Frost

Washington Law Review

The Fourteenth Amendment to the United States Constitution provides a right of privacy that protects against unwarranted governmental interference with an individual's contraceptive choices. This privacy right protects minors as well as adults. School officials serve as government actors for the purpose of Fourteenth Amendment analysis. Zero tolerance drug policies are school disciplinary policies that mandate predetermined and frequently severe consequences for specific offenses, often including the possession of legally prescribed or legally obtained over-the-counter medication. Zero tolerance drug policies have resulted in the often very public discipline of students for possessing a wide array of otherwise legal medication, including …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Jenkins

William & Mary Law Review

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Is Whistleblowing Protection Available Under Title Ix?: An Hermeneutical Divide And The Role Of Courts, John A. Gray

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Citizens Without Statehood: Denying Domicile To Fund Public Higher Education, Michael Llewellyn

West Virginia Law Review

No abstract provided.

Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem

West Virginia Law Review

No abstract provided.

Implementing The Usa Patriot Act: A Case Study Of The Student And Exchange Visitor Information System (Sevis), Kam C. Wong

Brigham Young University Education and Law Journal

No abstract provided.

Regular Education Teachers Formulating Special Education Plans: M.L. V. Federal Way School District And The Idea, Christine Farnsworth

Brigham Young University Education and Law Journal

No abstract provided.

Charter School Accountability: Legal Considerations Concerning Nonrenewal And Revocation Procedures, Suzanne E. Eckes, Jonathan A. Plucker, Sarah A. Benton

Brigham Young University Education and Law Journal

No abstract provided.

Dean V. Utica Community Schools: An Arrow Through The Heart Of School Administrative Control Over Student Expression In School Newspapers, Charles B. Upton Ii

Brigham Young University Education and Law Journal

No abstract provided.

No Educator Left Unscathed: How No Child Left Behind Threatens Educators' Careers, Timothy P. Crisafulli

Brigham Young University Education and Law Journal

No abstract provided.

The High School Attainment Credit: A Tax Credit Encouraging Parents To Help Motivate Students To Graduate From High School, David Hansen

Brigham Young University Education and Law Journal

No abstract provided.

Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka

Brigham Young University Education and Law Journal

No abstract provided.

Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider

Brigham Young University Education and Law Journal

No abstract provided.

Evading The No Child Left Behing Act: State Strategies And Federal Complicity, Evan Stephenson

Brigham Young University Education and Law Journal

No abstract provided.

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.