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Articles 1 - 12 of 12
Full-Text Articles in Education Law
The Fortification Of Inequality: Constitutional Doctrine And The Political Economy, Kate Andrias
The Fortification Of Inequality: Constitutional Doctrine And The Political Economy, Kate Andrias
Articles
As Parts I and II of this Essay elaborate, the examination yields three observations of relevance to constitutional law more generally: First, judge-made constitutional doctrine, though by no means the primary cause of rising inequality, has played an important role in reinforcing and exacerbating it. Judges have acquiesced to legislatively structured economic inequality, while also restricting the ability of legislatures to remedy it. Second, while economic inequality has become a cause célèbre only in the last few years, much of the constitutional doctrine that has contributed to its flourishing is longstanding. Moreover, for several decades, even the Court’s more liberal …
The Disability Cliff, Samuel R. Bagenstos
The Disability Cliff, Samuel R. Bagenstos
Articles
We’re pretty good about caring for our disabled citizens—as long as they’re children. It’s time to put equal thought into their adulthoods.
Tenure, The Aberrant Consumer Contract, James J. White
Tenure, The Aberrant Consumer Contract, James J. White
Articles
This symposium concerns asymmetric contracts, usually contracts where one party has great power and the other has little. The papers deal generally with contracts between consumers who get a “take it or leave it” offer and corporations such as Hertz, Microsoft, Verizon, and General Motors who draft the contracts according to their wishes. In almost all of these asymmetric contracts the stronger (corporations) writes the terms and presents them to the weaker (consumers) for signing without negotiation. Indeed the corporate agent with whom the consumer deals (e.g., the person at the Hertz desk) has no authority to change the contract …
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Education And Labor Relations: Asian Americans And Blacks As Pawns In The Furtherance Of White Hegemony, Xiaofeng Stephanie Da
Michigan Journal of Race and Law
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding "Whiteness" as the filler in the middle as Whites manipulate the differing interests of both subordinated groups to align with White (the dominant group's) interests. Although Whites purport to champion the interests of one subordinate group over the other, in reality the racialization of Asian Americans and Blacks in our country is rooted in the preservation …
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes
Michigan Journal of Race and Law
In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
Protecting The Free Speech Rights Of Insurgent Teachers' Unions: Evaluating The Constitutionality Of Exclusive Access To School Communications Facilities, Stephen E. Woodbury
University of Michigan Journal of Law Reform
Part I examines the traditional and limited public forum doctrines designed to guarantee speakers a right of access to public places, and finds these theories inadequate in the school union setting. Part II explores a recent addition to the free speech/equal protection analysis: the content neutrality doctrine. This doctrine mandates that when a school board allows one union to express its viewpoints, a duty is created to provide equivalent access to all unions, absent a compelling state interest. Part III reviews several justifications for limiting non-EBA access, and finds most of them without merit and none of them adequate to …
Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye
Impasse Resolution Mechanisms And Teacher Strikes, Diane L. Kaye
University of Michigan Journal of Law Reform
Public school teachers have no right to strike under Michigan law, but the power to strike exists. Michigan residents witnessed forty teacher strikes in the autumn of 1973 alone. Among them was the forty-four-day strike by Detroit teachers. The strikes during the past fall were not an unfortunate aberration. Ninety percent of the strikes in Michigan are by school teachers. In the public education context, the threat of a strike no longer brings negotiating parties together. A new mechanism for resolution of deadlocks in teacher-school board contract disputes is needed. This article describes the problem, outlines impasse resolution procedures presently …
The Coming Revolution In Public School Management, Donald H. Wollett
The Coming Revolution In Public School Management, Donald H. Wollett
Michigan Law Review
Dr. James Conant has commented on ·what he views as "concurrent educational revolutions"-changes in methods of instruction, in curriculum emphasis, and in public school financing-which portend radical revision in the methods of determining educational policy. However, thus far neither Dr. Conant nor any other observer of similar stature has addressed himself seriously to a fourth educational revolution-in-the-making: the direct involvement of teachers, through structured collective negotiations, in the management of public elementary and secondary school systems. This Article will focus on that coming revolution.
The Evolution Of A Collective Bargaining Relationship In Public Education: New York City's Changing Seven-Year History, Ida Klaus
Michigan Law Review
The bargaining relationship between the New York City Board of Education and its teachers had its roots in the social forces of the mid-fifties and its formal origins in the events of the early sixties. The relationship came about without benefit of law or executive policy. No law permitting public employees to bargain collectively was in effect anywhere in those years, and Mayor Wagner's 1958 Executive Order-the culmination of three years of study and public inquiry-did not apply to teachers. Instead, the impetus came directly from the persistent and increasingly powerful drive of the teachers themselves. They demanded a substantial …
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Collective Bargaining In Higher Education, Ralph S. Brown Jr.
Michigan Law Review
Clearly, there are many institutions where the model of shared authority has been attained; there are many more where it is attainable; and, unfortunately, there are many where it is not foreseeable. It is the first thesis of this Article that the advantages of an internal framework of representation make it worthwhile to strive for its realization.
Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis
Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis
Michigan Law Review
Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …
Note And Comment, Michigan Law Review
Note And Comment, Michigan Law Review
Michigan Law Review
Bible Reading in the Public Schools; Telegraph Company as Agent of the Sender of a Message; Constitutional Law--Municipal Fuel Plants; Exemption--Laborer's Wages; Executors and Administrators--Statute of Limitations--Actions in Federal Courts