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Articles 1 - 17 of 17

Full-Text Articles in Education Law

The Failure Of Education Federalism, Kristi L. Bowman Nov 2017

The Failure Of Education Federalism, Kristi L. Bowman

University of Michigan Journal of Law Reform

Since the Great Recession of 2007–09, states have devoted even less money to public education and state courts have become even more hostile to structural reform litigation that has sought to challenge education funding and quality. Yet the current model of education federalism (dual federalism) leaves these matters largely to the states. As a result, state-level legislative inaction, executive acquiescence, and judicial abdication can combine to create a situation in which the quality of traditional public schools declines sharply. This is the case in Michigan, which is an unusually important state not only because the dynamics that are emerging in …


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Feb 2015

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Michael Heise

No abstract provided.


Assessing The Efficacy Of School Desegregation, Michael Heise Feb 2015

Assessing The Efficacy Of School Desegregation, Michael Heise

Michael Heise

No abstract provided.


Are Single-Sex Schools Inherently Unequal?, Michael Heise Feb 2015

Are Single-Sex Schools Inherently Unequal?, Michael Heise

Michael Heise

No abstract provided.


Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily Suski Jan 2014

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily Suski

Faculty Publications

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools — the students’ teachers, principals, coaches, and other school officials — are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or …


Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai Jan 2011

Tango Or More - From California's Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai

Michigan Journal of Gender & Law

In August 2009, a group of parents in California filed a lawsuit, Balde v. Alameda Unified School District, in the Superior Court of California, County of Alameda. They alleged that the Alameda Unified School District refused them the right to excuse their children from a new curriculum, Lesson 9, that would teach public elementary school children about gay, lesbian, bisexual and transgender (GLBT) families. The proposed curriculum included short sessions about GLBT people, incorporated into more general lessons about family and health, once a year from kindergarten through fifth grade. Kindergarteners would learn the harms of teasing, while fifth graders …


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 …


(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman Jan 2007

(Still) Constitutional School De-Segregation Strategies: Teaching Racial Literacy To Secondary School Students And Preferencing Racially-Literate Applicants To Higher Education, Michael J. Kaufman

Michigan Journal of Race and Law

In Parents Involved in Community Schools v. Seattle School Dist. No. 1, the Supreme Court declared that it will continue to scrutinize race-conscious educational decisions to insure that they are narrowly-tailored to serve a compelling governmental interest. This Article develops a strategy for enhancing racial diversity at all levels of American public education that can survive that rigorous constitutional scrutiny. The Article shows that school districts may prove that assigning a meaningful number of racially diverse students to their secondary schools is narrowly-tailored to achieve their compelling educational interest in teaching racial literacy. The constitutionality of this race-conscious educational …


Are Single-Sex Schools Inherently Unequal?, Michael Heise Jan 2004

Are Single-Sex Schools Inherently Unequal?, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


Conscious Use Of Race As A Voluntary Means To Educational Ends In Elementary And Secondary Education: A Legal Argument Derived From Recent Judicial Decisions, Julie F. Mead Jan 2002

Conscious Use Of Race As A Voluntary Means To Educational Ends In Elementary And Secondary Education: A Legal Argument Derived From Recent Judicial Decisions, Julie F. Mead

Michigan Journal of Race and Law

This paper provides an in-depth examination of the ten recent court decisions concerning race-based student selection processes. As these cases will illustrate, school districts face increasing demands to justify any race-conscious selection process. The significance of meeting the demands and the implications for what appears to be an evolving legal theory is national in scope and broad in application. Some have even argued that some of these cases mark a departure away from the Court's thinking in Brown v. the Board of Education. It should also be noted that each of the cases mentioned above occurred in the context …


Assessing The Efficacy Of School Desegregation, Michael Heise Jan 1996

Assessing The Efficacy Of School Desegregation, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Jan 1993

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review Mar 1980

From Brown To Bakke: The Supreme Court And School Integration: 1954-1978, Michigan Law Review

Michigan Law Review

A Book Notice about From Brown to Bakke: The Supreme Court and School Integration: 1954-1978 by J. Harvie Wilkinson III


The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq Mar 1974

The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq

Vanderbilt Law Review

Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …


The School Segregation Cases: A Comment, Paul H. Sanders Aug 1954

The School Segregation Cases: A Comment, Paul H. Sanders

Vanderbilt Law Review

Segregation in the public schools on the basis of race or color pursuant to law has been declared unconstitutional by the Supreme Court of the United States.' Such segregation, the Court says, violates the Equal Protection Clause of the Fourteenth Amendment and the Due Process Clause of the Fifth Amendment of the Constitution of the United States. The unanimous opinions of the Court delivered by Chief Justice Warren, declare this to be so regardless of the "equality" of the "tangible factors" in such educational facilities. This action, of paramount significance during the term just ended, will have a sequel of …


The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier Dec 1951

The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier

Michigan Law Review

Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …


Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed. Mar 1948

Constitutional Law-Fourteenth Amendment-Equal Protection Of The Laws-Racial Segregation In Public Educational Institutions, Neal Seegert S.Ed.

Michigan Law Review

Segregation of races, particularly separation of white and colored races, has long been condoned by American courts as permissible under the Fourteenth Amendment to the Constitution of the United States. Underlying the traditional view is the idea that the equal protection clause is not violated by segregation so long as equal facilities are provided for both races. On this basic premise a large number of jurisdictions, particularly the southern states, have predicated constitutional provisions and statutory enactments compelling racial segregation, while a number of other states where segregation has not been forbidden by express constitutional or statutory provision have achieved …