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Articles 1 - 7 of 7

Full-Text Articles in Law

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black Dec 2012

Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black

Faculty Publications

Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community ...


Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams Jul 2012

Bullying Victimization As A Disability In Public Elementary And Secondary Education, Douglas E. Abrams

Faculty Publications

This article discusses two reasons why likening bullying victimization to an educational disability makes sense. First, face-to-face bullying and cyberbullying impose on student victims the sort of educational deprivation that the federal Individuals with Disabilities Education Act (IDEA) addresses in the disabilities arena. Second, today’s belated public sensitivity to school bullying victims resembles the belated public sensitivity to students with disabilities that led to passage of the IDEA in 1975.


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer Jun 2012

The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer

Faculty Publications

Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.


Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black Apr 2012

Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black

Faculty Publications

No abstract provided.


Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black Mar 2012

Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black

Faculty Publications

Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution ...


A New Era For Desegregation, Danielle R. Holley-Walker Jan 2012

A New Era For Desegregation, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.


Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick Jan 2012

Race And Interest Convergence In Ncaa Sports, Amy C. Mccormick, Robert A. Mccormick

Faculty Publications

No abstract provided.