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Full-Text Articles in Education Law

School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson Jul 2002

School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.


The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin Jul 2002

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin

Cornell Law Faculty Publications

Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …


Lavine V. Blaine School District: Fear Silences Student Speech In The Ninth Circuit, Shannon M. Mcminimee Apr 2002

Lavine V. Blaine School District: Fear Silences Student Speech In The Ninth Circuit, Shannon M. Mcminimee

Washington Law Review

In LaVine v. Blaine School District, the Ninth Circuit allowed a school to expel a student for writing a poem about a school shooting. The court held that the school did not violate the student's First Amendment rights because the school could reasonably forecast that the student would cause a substantial disruption or material interference with school activities. This Note argues that the LaVine court incorrectly applied the established standards for evaluating the constitutionality of a school's decision to expel a student. The LaVine court also unwisely extended the Tinker doctrine to a new area of student speech. In …


The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson Jan 2002

The Courts' Inconsistent Treatment Of Bethel V. Fraser And The Curtailment Of Student Rights, 36 J. Marshall L. Rev. 181 (2002), David L. Hudson

UIC Law Review

No abstract provided.


Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe Jan 2002

Zelman V. Simmons-Harris And The Private Choice Doctrine, Laura T. Rahe

Cleveland State Law Review

In Zelman, the Court examined the constitutionality of an Ohio pilot program that took effect in the Cleveland City School District. One of the program's provisions permitted parents to use a tuition voucher for their children to attend public or private schools, including religious schools. The statute authorizing the program ensured that participating private schools remained affordable for the most disadvantaged children, and required that the schools refrain from "advocat[ing] or foster[ing] unlawful behavior or teach[ing] hatred of any person or group on the basis of race, ethnicity, national origin or religion." The Cleveland program exemplifies one attempt, informed by …


Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson Jan 2002

Freedom Of The Private-University Student Press: A Constitutional Proposal, 36 J. Marshall L. Rev. 139 (2002), Brian J. Steffen, John E. Ferguson

UIC Law Review

No abstract provided.


Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood Jan 2002

Applying The Good News Club Decision In A Manner That Maintains The Separation Of Church And State In Our Schools, James L. Underwood

Villanova Law Review

No abstract provided.


An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley Jan 2002

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley

Journal Articles

The Supreme Court first held public assistance to religious schools unconstitutional in 1971 in Lemon v. Kurtzman. From then until now the concept of “pervasively sectarian” has played a central role in “parochaid” jurisprudence; every holding against “direct” aid has rested upon it as a necessary premise. “Pervasively sectarian” refers to the assertedly religious (“sectarian”) character of the entire curriculum at parochial schools. Religion, it is said, so permeates the whole educational program that “direct aid” to any aspect of that program inescapably aids religion itself. And that, it is said, violates the Establishment Clause. Because aid statutes typically aim …


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

As this Essay goes to press, the Supreme Court is considering whether Ohio's school-choice program violates the First Amendment to the United States Constitution. In my view, the Ohio program is sound public policy, and it is consistent with the Justices' present understanding of the Establishment Clause. I also believe that the Court will and should permit this experiment, and our conversations about its merits, to continue. The purpose of this Essay, though, is not to predict or evaluate ex ante the Court's decision. Instead, my primary aim is to suggest and then sketch a few broad themes that--once the …


Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine Dec 2001

Other States Should "Get With The Program" And Follow Louisiana's Lead: An Examination Of Louisiana's Direct Action Statute And Its Application In The Marine Insurance Industry, Jonathan C. Augustine

Jonathan C. Augustine

Generally speaking, an insurance agreement is a contractual obligation between two parties, the insured, who pays a premium for the benefit of coverage, and its insurer, who receives the payment and issues a guarantee against loss. Accordingly, by strict definition, the contract of insurance and the insured’s consequential ability to recover for sustained damages is limited as a two party agreement. The Louisiana legislature has been forward thinking in the field of insurance. The state enacted a “direct action statute,” allowing aggrieved third parties to proceed directly against insurers in either tort or contract, for the recovery of damages, when …