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Full-Text Articles in Law

When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz Apr 2009

When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz

Faculty Scholarship

Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …


Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman Apr 2009

Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman

University of Miami Law Review

No abstract provided.


Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald Mar 2009

Getting Beyond Religion As Science: "Unstifling" Worldview Formation In American Public Education, Barry P. Mcdonald

Washington and Lee Law Review

Since ancient times, Western civilization has witnessed a great debate over a simple but profound question: From whence did we come? Two major worldviews have dominated that debate: a theistic worldview holding that we, and the world in which we live, are the purposeful product of a supernatural creator; and a materialistic worldview holding that we are the product of unintelligenta nd random naturaflo rces. This debate rose to the fore with Darwin's publication of his theory of evolution and the development of the modern scientific establishment. In America, it initially took its most conspicuous form in efforts by creationists …


Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White Jan 2009

Ritual, Emotion, And Political Belief: The Search For The Constitutional Limit To Patriotic Education In Public Schools, Brent T. White

Publications

No abstract provided.


No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen Jan 2009

No Boy Left Behind? Single-Sex Education And The Essentialist Myth Of Masculinity, David S. Cohen

Indiana Law Journal

No abstract provided.


Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit Jan 2009

Can Courts Repair The Crumbling Foundation Of Good Citizenship? An Examination Of Potential Legal Challenges To Social Studies Cutbacks In Public Schools, Eli Savit

Michigan Law Review

In the wake of No Child Left Behind, many public schools have cut or eliminated social studies instruction to allot more time for math and literacy. Given courts' repeated celebration of education as the "foundation of good citizenship," this Note examines potential legal claims and litigation strategies that could be used to compel social studies instruction in public schools. This Note contends that the federal judiciary's civic conception of education leaves the door slightly ajar for a Fourteenth Amendment chrallenge on behalf of social studies-deprived students, but the Supreme Court's refusal in San Antonio v. Rodriguez to recognize education as …