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Post-Accountability Accountability, Nicole Stelle Garnett Jan 2018

Post-Accountability Accountability, Nicole Stelle Garnett

Journal Articles

Over the past few decades, parental choice has exploded in the United States. Yet, despite early proponents’ hopes that parental choice would eliminate the need to regulate school quality—since parents’ choices would serve an accountability function—demands to use the law to hold chosen schools accountable for their academic performance are central features of education-reform debates today. This is an opportune time to consider the issue of academic accountability and parental choice. Parental choice has gained a firm foothold in the American educational landscape. As it continues to expand, debates about accountability for chosen schools will only intensify. The ...


Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett Apr 2017

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Journal Articles

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban ...


Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson Aug 2014

Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson

Notre Dame Journal of Law, Ethics & Public Policy Online

This Note will examine how Justice Lewis F. Powell and Justice Thurgood Marshall’s individual experiences affected their jurisprudence concerning educational issues. Part I will provide a brief biography of each Justice, relaying the experiences that shed light on their education perspective.

Part II will contrast the Justices’ views on mandated busing as a remedy for integration. Justice Powell believed court mandated busing was unconstitutional, significantly disrupted education, and imposed on local officials’ responsibility to integrate. Conversely, Justice Marshall felt that forced busing was a constitutional means to integrate a divided society maintained by local segregation. Part III will contrast ...


Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett Jul 2014

Disparate Impact, School Closures, And Parental Choice, Nicole Stelle Garnett

Journal Articles

We live in an era of parental choice. Today, forty-two states and the District of Columbia authorize charter schools, and twenty states and the District of Columbia permit students to use public funds to attend a private school. During the 2012-2013 school year, nearly 2 million children attended charter schools, and nearly 250,000 children received publicly funded scholarship to attend a private school. The expanding menu of publicly funded educational options is one (but by no means the only) factor contributing to the current, intensely controversial, waves of urban public school closures. In school-closure debates, proponents of traditional public ...


Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett Jan 2012

Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett

Journal Articles

An essay is presented on Catholic and charter schools and the closing of such schools in the U.S. The academic performance, parental involvement and the after-school religious education targeted for charter school students is discussed. The connections between the Catholic and charter schools and the legal issues governing conversion to charter schools is also discussed along with the concerns in the urban community due the closure of Catholic schools.


Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett Jan 2012

Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss ...


A Winn For Educational Pluralism, Nicole Stelle Garnett Jan 2011

A Winn For Educational Pluralism, Nicole Stelle Garnett

Journal Articles

This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing ...


Affordable Private Education And The Middle Class City, Nicole Stelle Garnett Jan 2010

Affordable Private Education And The Middle Class City, Nicole Stelle Garnett

Journal Articles

This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II demonstrates ...


Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett Jan 2010

Catholic Schools, Urban Neighborhoods, And Education Reform, Margaret F. Brinig, Nicole Stelle Garnett

Journal Articles

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done ...


Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett Jan 2008

Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett

Journal Articles

The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine ...


Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall Jan 2005

Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall

Journal Articles

No abstract provided.


The Theology Of The Blaine Amendments, Richard W. Garnett Jan 2004

The Theology Of The Blaine Amendments, Richard W. Garnett

Journal Articles

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.

First, the Article considers what might be called the federalism defense of the provisions. It concludes ...


An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley Jan 2002

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley

Journal Articles

No abstract provided.


The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett Jan 2002

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Journal Articles

No abstract provided.


Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett Jan 2001

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

No abstract provided.


Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile Jan 2001

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

No abstract provided.


Religion At A Public University, Gerard V. Bradley Jan 2001

Religion At A Public University, Gerard V. Bradley

Journal Articles

No abstract provided.


School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett Jan 2000

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Journal Articles

No abstract provided.


Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett Jan 1999

Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett

Journal Articles

No abstract provided.


Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile Jan 1997

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Journal Articles

No abstract provided.


Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile Jan 1996

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Journal Articles

No abstract provided.


Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin Jan 1992

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

No abstract provided.


Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick Jan 1989

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.


Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice Jan 1978

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

Journal Articles

No abstract provided.


Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds Jan 1977

Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds

Journal Articles

Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is ...


Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig Jan 1972

Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig

Journal Articles

No abstract provided.


Prayer Amendment: A Justification, Charles Rice Jan 1972

Prayer Amendment: A Justification, Charles Rice

Journal Articles

No abstract provided.


The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice Jan 1966

The New York State Constitution And Aid To Church-Related Schools, Charles E. Rice

Journal Articles

No abstract provided.


The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice Jan 1964

The Meaning Of "Religion" In The School Prayer Cases, Charles E. Rice

Journal Articles

No abstract provided.


Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara Jan 1962

Federal Aid To Religious Schools - Introductory Note, Joseph O'Meara

Journal Articles

No abstract provided.