Law Commons^™

See No Evil, Hear No Evil, Speak No Evil; Stemming The Tide Of No Promo Homo Laws In American Schools, Madelyn Rodriguez

Madelyn Rodriguez

In several states, and many more local governments, teachers are being mandated to teach their students that homosexuality is inherently abhorrent and should be shunned. These so called “No Promo Homo” policies vary in scope; from those barring any positive discussion of homosexuality to those which insinuate the association of homosexuality with various social ills. As a result of these policies, teachers are being used as a conduit for misinformation and, more disturbingly, for discrimination and bias. Because teachers naturally have an immense impact on their students, the concepts and values advocated or discouraged by them will have an immeasurable …

A Right To Sexual Orientation Privacy: Strengthening Protections For Minors Who Are Outed In Schools, Adam J. Kretz

Adam Kretz

This Article examines a unique question in constitutional law and privacy rights – namely, what rights minor students have to control who can and cannot be informed of their sexual orientation. Through an examination of case law and social science data, the Article proposes that students should hold greater power over information regarding their sexual orientation, and hold responsible school officials who “out” students to a family member, parent, or guardian without the student’s consent.

A Way Forward: Transparency At American Law Schools, Kyle P. Mcentee, Patrick J. Lynch

Kyle P McEntee

Law school has long been thought of as an investment in human capital inherently worth consuming. This is a dated view. Today, entering the legal profession through law school requires an increasingly significant financial investment. Yet very little information about the value of a legal education is available for prospective law students. In fact, much of the information tends to mislead rather than inform aspiring lawyers.

This Article surveys the available information with respect to one important segment of the value analysis: post-graduation employment outcomes. It then proposes a new standard for the presentation of post-graduation outcomes, "The LST Proposal." …

An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin

Benton C. Martin

The No Child Left Behind Act of 2001 (NCLB), one of the most important pieces of education legislation in our nation’s history, is overdue for reauthorization. Prior attempts at reauthorization have failed because of political controversy surrounding the Act, including controversy surrounding the extent of the federal role in education. NCLB does not fit squarely into traditional models of federalism and new theories of federalism have emerged to address the unique new dynamics raised by its expansive use of the federal spending power. This Article argues these theories point to practical changes that Congress can make to improve NCLB.

Although …

Cost And Punishment: Reassessing Incarceration Costs And The Value Of College-In-Prison Programs, Gregory A. Knott

Gregory A Knott

This article is the first study examining college-in-prison programs as part of the cost-reducing and risk-management trends currently dominant in criminal justice systems. The article concedes that college programs will not be of benefit to every inmate and may confer benefits on politically unpopular constituencies, but argues that such educational offerings are nevertheless a powerful tool for reducing recidivism and incarceration costs.

Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan

Dr. Lotem Perry-Hazan

The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …

Tinker And The Diminution Of Public Education, Ryan Hardy

Ryan Hardy

Part I of this article discusses clothing as speech. Part II examines Tinker v. Des Moines. Part III examines the three other Supreme Court student expression cases. Part IV discusses the framework set up by the Supreme Court cases. Part IV also illustrates lower court decisions involving specific types of clothing or symbols and the confusion among those lower courts. Part V discusses the mission of public education and its relation to student expression. Part VI describes Tinker’s lasting effects on public education. Part VII explains that the Supreme Court should overrule Tinker and adopt a new standard