Law Commons^™

Truancy Prosecutions Of Students And The Right [To] Education, Dean Rivkin

Scholarly Works

Nationally, the high volume of prosecutions of students for truancy has constituted a perennial low visibility corner of the juvenile system. Rarely represented by counsel, students who are convicted often suffer serious sanctions, including incarceration, fines, unachievable conditions of probation, loss of driving privileges, and other burdensome restrictions. Although the process of truancy prosecutions differs state-by-state, and often court-by-court, the transparency and legality of these systems is subject to several on-going legal challenges asserting that, as a constitutional matter, the rule of law - embodying fairness, consistency, and the right to be heard - is systematically abused in truancy courts. …

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukuede

Journal Publications

This Article explains why there is a fundamental duty for the government to provide public education under the U.S. Constitution. Numerous scholars and public officials have written on the need to overrule San Antonio v. Rodriguez or adopt alternative approaches to recognizing a right to public education either judicially or by way of constitutional amendment. This Article identifies a consistent and systemic reluctance by the Court to meaningfully enforce positive rights, which are the duties that the government owes to the people. In doing so, it explores the consistent recognition throughout American history that education is a fundamental duty of …

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Empowering Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon

Faculty Publications

No abstract provided.

How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner

Publications

Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.

The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the …

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Law Faculty Scholarly Articles

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article, I argue that …

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …

Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye

Fordham Urban Law Journal

This transcript of the Claire Flom lecture covers primarily two themes—the importance of early intervention, and the importance of people getting involved with the public school system and in their children - and other children's education The lecture applies these concepts first to children with special education needs and then to adolescents, kids at the brink of adulthood. The article argues that early intervening early is key to both populations and that neglected learning difficulties only worsen with the passage of time.

Stimulating School Reform: The American Recovery And Reinvestment Act And The Shifting Federal Role In Education, Benjamin Michael Superfine

Missouri Law Review

The American Recovery and Reinvestment Act (ARRA), aimed at stimulating and stabilizing the American economy during the worst financial crisis since the Great Depression, reflects significant new dimensions of federal action in the area of educational reform. In addition to saving jobs in the educator workforce, the ARRA was designed to spark the implementation of specific reform strategies in states and schools and lay a foundation for the Obama administration's subsequent educational reform efforts, including the impending reauthorization of the No Child Left Behind Act of 2001. While the goals of the educational reform provisions of the ARRA are laudable, …

Human Rights And Development For India's Rural Remnant: A Capabilities-Based Assessment, Lisa Pruitt

Lisa R Pruitt

The cachet that India currently enjoys on the world stage is linked largely to the booming high-tech and service economies associated with its megacities. Yet in terms of sheer numbers, India is not an urban nation. About a third of India’s population lives in urban areas, though that figure is rising quickly. One projection indicates that thirty-one villagers will continue to show up in an Indian city every minute over the next forty-three years — 700 million people in all.

Lack of sustainable development in rural areas is a major force behind the massive rural-to-urban migration across Asia. An enormous …

The Geography Of The Class Culture Wars, Lisa Pruitt

Lisa R Pruitt

This Essay is a contribution to a colloquy about Joan C. Williams’s book, Reshaping the Work-Family Debate: Why Men and Class Matter (Harvard University Press 2010). Williams argues that class matters because socially conscious progressives need working class allies to achieve work-family reform for the benefit of all. Williams calls us not only to think about class and recognize it as a significant axis of stratification and (dis)advantage, but also to treat the working class with respect and dignity. Williams writes of the “class culture wars” between social progressives (mostly within the “professional/managerial class”) and the white working class. She …