Law Commons^™

The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann

Scholarly Works

As the United States moves toward the inauguration in January 2009 of a new President, greater attention is paid to what the country might do to restore and reinforce its traditional role as a leader in the promotion of human rights. This essay warns against any assumption that innovation alone will assure greater enforcement of rights; its points of reference are not only the current administration, but also one long past, that of President John F. Kennedy. Rather than jump to embrace new, global concepts like responsibility to protect, therefore, it argues for careful pursuit of local change. It then …

The Political Origins Of Secular Public Education: The New York School Controversy 1840-1842, Ian C. Bartrum

Scholarly Works

As the title suggests, this article explores the historical origins of secular public education, with a particular focus on the controversy surrounding the Catholic petitions for school funding in nineteenth-century New York City. The article first examines the development of Protestant nonsectarian common schools in the northeast, then turns to the New York controversy in detail, and finally explores that controversy's legacy in state constitutions and the Supreme Court. It is particularly concerned with two ideas generated in New York: (1) Bishop John Hughes' objection to nonsectarianism as the 'sectarianism of infidelity'; and (2) New York Secretary of State John …

Legal Advocacy And Education Reform: Litigating School Exclusion, Dean Rivkin

Scholarly Works

School exclusion has existed as a dark side of public education since the creation of America's public schools. Several cases in the United States Supreme Court memorably invalidated State and school system efforts to deny equal educational opportunities to marginalized school children and youth. In these cases, the over-riding multiple values of education were poignantly articulated in the majority decisions.

School exclusion has stubbornly persisted. It takes many forms. This article surveys the most prominent pathways to school exclusion, highlighting what has been called the "School-To-Prison-Pipeline." Various legal challenges are also evaluated. The pros and cons of litigating school exclusion …