Law Commons^™

The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott

William & Mary Bill of Rights Journal

This rejection of race conscious admissions practices under the Equal Protection Clause of the Fourteenth Amendment by the [Supreme] Court requires a revisit to desegregation jurisprudence and practice to demonstrate why the considerations of race in higher education admissions fulfills the desegregation mandate. Given its rich history and contributions to the formation of equality norms and affirmative action, desegregation jurisprudence and practice provide a foundation for the premise that the use of race in college admissions constitutes a compelling state interest, supported by specific evidence of discrimination, that moves us closer to the democratization of education and racial equality under …

The Illusion Of Due Process In School Discipline, Diana Newmark

William & Mary Bill of Rights Journal

Long-term suspensions and expulsions can be enormously consequential for students and their families. Not only do exclusionary disciplinary measures directly result in lost learning opportunities for children, but school discipline decisions can also result in significant collateral consequences. These consequences range from lower rates of graduation and higher rates of contact with the criminal justice system to disruptions in foster care placements, violations of juvenile probation, and even possible immigration consequences for undocumented students.

The Supreme Court has recognized the significance of suspensions and expulsions, requiring due process for such exclusionary discipline measures. But the Supreme Court has never explained …

Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield

William & Mary Bill of Rights Journal

Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.

Presently, for example, public …

Indoctrination By Elimination: Why Banning Critical Race Theory In Public Schools Is Unconstitutional, Emma Postel

William & Mary Bill of Rights Journal

This Note argues that Texas public school students’ First Amendment Rights have been violated by the passage of Senate Bill 3 (SB 3), which bans the teaching of Critical Race Theory (CRT) in K–12 public schools. The First Amendment is violated here because (1) students have a First Amendment right to speech, and this law bans protected speech; (2) students have a right to receive information, and this ban prevents them from receiving information; and (3) schools are meant to be the marketplace of ideas for students and banning CRT amounts to unconstitutional viewpoint discrimination. This Note does not suggest …

Education, Antidomination, And The Republican Guarantee, Kip M. Hustace

William & Mary Bill of Rights Journal

This Article offers a new interpretation of the United States Constitution’s republican guarantee and theorizes its protection of a fundamental right to education. Courts and education law scholars have identified the republican guarantee as a plausible source of educational rights but have not detailed how. Drawing on recent work by legal scholars, historians, political scientists, and philosophers, this Article reinterprets the guarantee as the federal government’s obligation to secure freedom as nondomination, and it argues that excellent, equitable public education is necessary to fulfilling this duty. Nondomination, a robust conception of freedom, is freedom from subjection to the will of …

Dear Colleague: Due Process Is Not Under Attack At Colleges And Universities, As Shown Through A Comparative Analysis Of College Disciplinary Committees And American Juries, Mara Emory Shingleton

William & Mary Bill of Rights Journal

No abstract provided.

Protecting The Silence Of Speech: Academic Safe Spaces, The Free Speech Critique, And The Solution Of Free Association, Trevor N. Ward

William & Mary Bill of Rights Journal

No abstract provided.

Fixer Upper: Reforming Vergara’S Teacher Tenure Statutes, Abigail Hoglund-Shen

William & Mary Bill of Rights Journal

No abstract provided.

Unmuting The Volume: Fisher, Affirmative Action Jurisprudence, And The Legacy Of Racial Silence, Mae Kuykendall, Charles Adside Iii

William & Mary Bill of Rights Journal

As typified by its recent decisions in Fisher v. University of Texas at Austin and Shelby County v. Holder, the Supreme Court’s jurisprudence concerning race has long imposed strict judicial oversight over any use of race for the formulation of public policy. This top-down approach has invited various undesirable outcomes, the most pernicious of which are the endorsement of silence on the subject of race and the delegitimizing of most public deliberations about race by non-Court actors. Consequently, speech within universities and other learning environments regarding race has become a psychologically challenging risk for both students and faculty, who justifiably …

Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas

William & Mary Bill of Rights Journal

No abstract provided.

The Three R'S: Reading, 'Riting, And Rewarding Illegal Immigrants: How Higher Education Has Acquiesced In The Illegal Presence Of Undocumented Aliens In The United States, Jennifer L. Maki

William & Mary Bill of Rights Journal

No abstract provided.

The Long Shadow Of The Confederacy In America's Schools: State-Sponsored Use Of Confederate Symbols In The Wake Of Brown V. Board, Kathleen Riley

William & Mary Bill of Rights Journal

Critics of Confederate symbols have become increasingly vocal in recent years, forcing state and local governments to reevaluate their use of such symbols in public settings. This Note tracks the proliferation of Confederate symbols in American society since the 1950s, arguing that such use of these symbols, especially in the realm of public schools, stands in violation of the Constitution. Particularly, the Note analyzes the viability of possible legal remedies to school-sponsored racism based on the lack of government free speech rights, Thirteenth Amendment protections against "Badges of Inferiority," and Fourteenth Amendment claims under the Equal Protection and Due Process …

Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien

William & Mary Bill of Rights Journal

While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …

Public Education And The Public Good, Robert S. Alley

William & Mary Bill of Rights Journal

No abstract provided.

Squeezing Religion Out Of The Public Square- The Supreme Court, Lemon, And The Myth Of The Secular Society, M. G. "Pat" Robertson

William & Mary Bill of Rights Journal

No abstract provided.

How Much God In The Schools? A Discussion Of Religion's Role In The Classroom, Nadine Strossen

William & Mary Bill of Rights Journal

In this essay Professor Strossen addresses the controversial subject of religion in the public schools. She argues that while there may well be instances of unconstitutional government suppression of religious expression, there are certainly many examples of the opposite--unconstitutional government promotion of religion. Professor Strossen discusses the guiding principles governing the relationship between religion and the public schools, as set out by the Supreme Court. She stresses the First Amendment demand that public schools remain neutral toward religion. While they may and should teach about religion, schools may not promote either religion in general or any particular religion. Professor Strossen …

Religion In The Classroom, M. G. "Pat" Robertson

William & Mary Bill of Rights Journal

In this essay, Chancellor Robertson addresses the role religion has had in society, and in the public schools in particular. He stresses the significance religion had to the Founding Fathers and in the inception of a public school system in America. Chancellor Robertson maintains that the remnants of our country's religious heritage can still be seen today. He warns, however, of the dangers that can result, and in fact have resulted, because of the absence of religion in modern society. Chancellor Robertson argues that many Supreme Court cases have distorted the Establishment Clause, resulting in numerous violations of students' freedom …

Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case

William & Mary Bill of Rights Journal

No abstract provided.