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Full-Text Articles in Law
Faculty Insights On Educational Diversity, Meera E. Deo
Faculty Insights On Educational Diversity, Meera E. Deo
Fordham Law Review
Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …
Mortgaging The American Dream: The Misplaced Role Of Accreditation In The Federal Student Loan System, Kathleen Negri
Mortgaging The American Dream: The Misplaced Role Of Accreditation In The Federal Student Loan System, Kathleen Negri
Fordham Law Review
In 2013, outstanding student loan balances in the United States exceeded $994 billion. This growing volume of student debt has had far–reaching consequences for both individual borrowers and society as a whole. In many ways, the federal student loan program, available to students under the Higher Education Act (HEA), has achieved its goal of making higher education more accessible. Undergraduate college enrollment increased from 10.5 million students in 1980 to 17.6 million students in 2009. Despite the benefit of increased enrollment, however, the federal loan program has been criticized for increasing student loan debt and contributing to the “student loan …
Unclear Authority, Unclear Futures: Challenges To State Legislation Providing In-State Tuition Benefits To Undocumented Students Pursuing Higher Education, Julia R. Kim
Fordham Law Review
Exercising its federal power to regulate immigration, Congress has responded to illegal immigration by enacting deterrent legislation that includes provisions denying public benefits to undocumented immigrants. One of these provisions, 8 U.S.C. § 1623, explicitly bars states from providing postsecondary education benefits to undocumented immigrants on the basis of in-state residency. As a consequence, undocumented young adults—many of whom grew up and received their primary and secondary education in the United States—are effectively barred from pursuing higher education by their ineligibility for in-state tuition rates and financial aid. Some states, however, have evaded the § 1623 bar by providing undocumented …
The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon
The Intersection Of 42 U.S.C. § 1983 And The Individuals With Disabilities Education Act, Suzanne Solomon
Fordham Law Review
This Note reviews the history, structure, and purpose of 42 U.S.C. § 1983 and the Individuals with Disabilities Education Act (IDEA). It then describes how the two statutes intersect and interact. Next, this Note examines the existing split in the U.S. Courts of Appeals regarding the availability of § 1983 as a remedy for violations of the IDEA. This Note ultimately contends that Congress intended § 1983 suits to prevail under the IDEA and argues that school districts will be deterred from violating the statute's provisions if such suits are allowed to proceed.
Reconciling Morse With Brandenburg, Steven Penaro
Reconciling Morse With Brandenburg, Steven Penaro
Fordham Law Review
This Note examines Morse v. Frederick in connection with the Brandenburg v. Ohio test governing speech that advocates unlawful acts. In Morse, the U.S. Supreme Court devised a new test that gives school officials the power to restrict student speech promoting the use of illegal drugs. However, in Brandenburg, the Supreme Court held that speech must be struck down if the speaker intends to incite imminent lawless action and that speech is likely to produce such action. This Note argues that a relaxed application of the Brandenburg standard would be useful in prohibiting student drug speech within a school setting.
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Misinterpreting "Sounds Of Silence": Why Courts Should Not "Imply" Congressional Preclusion Of § 1983 Constitutional Claims, Rosalie Berger Levinson
Fordham Law Review
Despite the clear text of 42 U.S.C. § 1983, its promise to protect constitutional rights has been obfuscated by the theory that Congress, by enacting civil rights laws, has "impliedly" foreclosed the historic use of § 1983 to vindicate constitutional wrongdoing. Increasingly, plaintiffs are being denied their right to vindicate constitutional wrongdoing, either because the new "preempting" federal statute does not trigger individual liability or because it makes institutional liability more difficult to establish. It is counterintuitive to believe that Congress, in an attempt to expand equality or due process, intended to cut off existing remedies for constitutional violations. Nonetheless, …
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Myth And Reality Of University Trusteeship In The Post-Enron Era, José A. Cabranes
Fordham Law Review
No abstract provided.
School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor
School Choice To Achieve Desegregation, Goodwin Liu, William L. Taylor
Fordham Law Review
No abstract provided.
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
Fordham Law Review
No abstract provided.
Freedom To Exclude After Boy Scouts Of America V. Dale: Do Private Schools Have A Right To Discriminate Against Homosexual Teachers?, Karen Lim
Fordham Law Review
No abstract provided.
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
The Children's Internet Protection Act In Public Schools: The Government Stepping On Parents' Toes?, Kelly Rodden
Fordham Law Review
No abstract provided.
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Zelman V. Simmons-Harris: Is The Supreme Court's Latest Word On School Voucher Programs Really The Last Word?, Sara J. Crisafulli
Fordham Law Review
No abstract provided.
The Colorblind Lottery, Pauline T. Kim
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale
Fordham Law Review
No abstract provided.
Mclaurin's Seat: The Need For Racial Inclusion In Legal Education, Margaret M. Russell
Mclaurin's Seat: The Need For Racial Inclusion In Legal Education, Margaret M. Russell
Fordham Law Review
No abstract provided.
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner
Fordham Law Review
No abstract provided.
"The University Works Because We Do": Collective Bargaining Rights For Graduate Assistants, Grant M. Hayden
"The University Works Because We Do": Collective Bargaining Rights For Graduate Assistants, Grant M. Hayden
Fordham Law Review
No abstract provided.
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain
Fordham Law Review
No abstract provided.
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Report Of The Education Working Group, Naomi Lynch, Virginia Strand
Fordham Law Review
No abstract provided.
Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange
Risk Management And The Rogue Trader: Trading-Related Losses, Director & Officer Liability, Prudent Risk Management, Insurance Risk Transfer, The Role Of Education, Jeffrey S. Grange
Fordham Law Review
No abstract provided.
Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow
Telling Stories In School: Using Case Studies And Stories To Teach Legal Ethics, Carrie Menkel-Meadow
Fordham Law Review
"We tell ourselves stories in order to live." -Joan Didion, The White Album (1970) "Their story, yours, mine - it's what we carry with us on this trip we take, and we owe it to each other to respect our stories and learn from them." -William Carlos Williams in Robert Coles, The Call of Stories: Teaching and the Moral Imagination 30 (1989)
The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory
The Discernment Of (The Law Student's) Vocation In Law, David L. Gregory
Fordham Law Review
No abstract provided.
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
Fordham Law Review
No abstract provided.
Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise
Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael M. Heise
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Introductory Remarks, William Michael Treanor
Fordham Law Review
No abstract provided.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Milliken V. Bradley: Brown's Troubled Journey North, Nathaniel R. Jones
Fordham Law Review
Milliken v. Bradley represents the impact that Brown v. Board of Education had on Northern school In this discussion, Judge Jones describes the social changes that led to the Detroit school case and the plaintiffs'path up and down the judicial system to ultimate desegregation of Detroit schools.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Historical Setting Of Brown And Its Impact On The Supreme Court's Decision, Constance Baker Motley
Fordham Law Review
Judge Motley provides an insightful overview of the Brown v. Board of Education decision in an historical context In addition to analyzing several Supreme Court decisions that preceded Brown, Judge Motley focuses on the role of Thurgood Marshall as both a strategist and tactician during this dynamic period in our history. Judge Motley concludes by examining the immediate impact of Brown on the civil rights movement in America.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Public Law Litigation And The Ambiguties Of Brown, Mark Tushnet
Fordham Law Review
Professor Tushnet posits that the Supreme Court's concern for gradually carrying out desegregation in the public schools ironically gave rise to "'public law litigation"---an aggressive form ofjudicial review. Specifically. Professor Tushnet argues that the "all deliberate speed" standard, which separated the right from the remedy, enabled the courts to become a more powerful institution in shaping social policy. Throughout his speech, Professor Tushnet provides insight into the thought processes of the Supreme Court justices at the time of the Brown decision.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Other Desegregation Story: Eradicating The Dual School System In Hillborough County, Florida, Drew S. Days, Iii
Fordham Law Review
Professor Days describes the successful desegregation of the Hillsborough County, Florida school system. The Hillsborough case was originally filed by Thurgood Marshall and Constance Baker Motley and exemplifies the optimal outcome of Brown.
Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, The Overthrow Of Monroe V. Pape: A Chapter In The Legacy Of Thurgood Marshall, Conrad K. Harper
Fordham Law Review
As the first Director-Counsel of the NAACP Legal Defense and Education Fund, otherwise known as the "Inc. Fund," Thurgood Marshall helped establish the Inc Fund's tradition of landmark civil rights litigation. Mr. Harper discusses in this article the role played by the Inc Fund and Justice Marshall in overthrowing Monroe v. Pape and its curtailment of civil rights suits against municipalities. The instrument for change was Harkdess v. Sweeny Independent School District, a suit filed on behalf of seventeen Black schoolteachers who were discriminatorily fired by a Texas school district.