Education Law Commons^™

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Maryland Law Review

No abstract provided.

Is The "Adequacy" Standard A More Political Question That The 'Equality' Standard?: The Effect Of Standards-Based Education On Judicial Standards For Education Finance Litigation, Avidan Y. Cover

Faculty Publications

This Note argues that the recent shift in state court litigation from an equality claim to one of adequacy has compelled many courts to insert themselves in the discussion and creation of educational policy that was previously viewed as unacceptable. This evolution may render courts vulnerable to appellate challenges and criticisms of nonjusticiability and political question doctrine violations regarding institutional competence and judicial prudence. In addition, the demise of the equality argument diminishes the moral strength of the court's normative valuation capacity. Section I examines the history of education finance cases and reviews the three waves of litigation strategies, which …

Liberty Not Fully Evolved?: The Case Of Rodney Levake And The Right Of Public School Teachers To Criticize Darwinism, Francis J. Beckwith

San Diego Law Review

In 2001, the Minnesota Court of Appeals reviewed the case of Rodney LeVake, a public school teacher who sought to enhance his school

district’s required science curriculum by suggesting to students alternative viewpoints inconsistent with that curriculum. This case, LeVake v. Independent School District, should be of great interest to legal theorists. Its holding, and the reasoning on which it is based, may serve as a Socratic provocation regarding the extent to which public school teachers have constitutional academic freedom (apart from statutory requirements or permission) to voluntarily include criticisms of and alternatives to evolutionary theory.

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …

The Show Must Go On As Academic Freedom Saves The Day: But Where Does Academic Freedom End And The Establishment Clause Begin And Has The Seventh Circuit Restricted The Limited Public Forum In Linnemeir V. Board Of Trustees Of Purdue University, Drew Whelan

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

When May A State Require Teaching Alternatives To The Theory Of Evolution? Intelligent Design As A Test Case, Stephen L. Marshall

Kentucky Law Journal

No abstract provided.

Preparing For The Clothed Public Square: Teaching About Religion, Civic Education, And The Constitution, Jay D. Wexler

Faculty Scholarship

Although law and religion scholars have long argued about whether American culture marginalizes religious belief, many important indicators suggest that religion indeed plays a prominent role in contemporary American life. America is an extremely religious nation. Polls consistently show that about ninety percent of Americans continue to believe in God, and both church attendance and membership remain at high levels. This religiosity, moreover, spills out into the public square. A great many Americans rely on religious reasons when thinking and talking about public issues. Ninety percent of the members of Congress, by one report, consult their religious beliefs when voting …

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.

Who Owns Academic Freedom?: The Standard For Academic Free Speech At Public Universities, Stacy E. Smith

Washington and Lee Law Review

No abstract provided.

Protecting Student Privacy: Reporting Campus Crimes As An Alternative To Disclosing Student Disciplinary Records, Tamu K. Walton

Indiana Law Journal

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

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 …

The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers

Michigan Journal of Race and Law

The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" …

Making Kids Toe The Line In The Old Line State: The Disparate Application Of Public School Discipline Polices In Maryland, Allison I. Fultz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Making Kids Toe The Line In The Old Line State: The Disparate Application Of Public School Discipline Polices In Maryland, Allison I. Fultz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Equal Opportunity, Individual Liberty And Meritocracy In Education: Reinforcing Structures Of Privilege And Inequality, Christian Sundquist

Articles

The paradigm of equal opportunity inevitably seeks to reproduce and maintain structures of class and racial privilege. The deficit story of equal opportunity is as follows: equal opportunity is a truly objective, neutral, and fair method to allocate educational, employment, and political resources to members of society, without regard to race, class, gender or ethnicity. The ideal of equality assumes the possibility of an objective measure of merit under which individuals' free choices and preferences may be evaluated. Accordingly, through the creation of a baseline that presupposes the inherent sameness of all people and disregards systemic discrimination as a fallacy, …

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

UF Law Faculty Publications

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula …

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 …

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

Publications

No abstract provided.

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Attorney-Client And Work Product Privileges: The Case For Protecting Internal Investigations On The University Campus, Virginia H. Underwood, Richard H. Underwood

Law Faculty Scholarly Articles

The authors how to make, or rather to restate, the case for the protection of reports and information generated during internal investigations at public colleges and universities. The results of an informal survey of university lawyers and Equal Protection Opportunity ("EEO") officers conducted by one of the authors prior to a presentation at the June, 2000 National Association of College and University Attorneys ("NACUA") Conference suggest that steps routinely are not taken by university counsel and investigators to assert the attorney-client and work product privileges and protect the fruits of internal investigations from disclosure. This seems odd, since the protection …

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 …

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 …

School Vaccination Requirements: Historical, Social, And Legal Perspectives, James G. Hodge Jr., Lawrence O. Gostin

Kentucky Law Journal

No abstract provided.

Academic Freedom In Urofsky's Wake: Post September 11 Remarks On "Who Owns Academic Freedom?", Doug Rendleman

Washington and Lee Law Review

No abstract provided.

School Vouchers And Religious Liberty: Seven Questions From Madison's Memorial And Remonstrance, Vincent A. Blasi

Faculty Scholarship

In the immediate aftermath of the Revolutionary War, many upstanding citizens of the fledgling state of Virginia were not pleased. They were, in fact, appalled by the decline they perceived in the state of public morals. Newspaper editorials, sermons, and speeches in public assemblies resounded with references to the recent upsurge in gambling, whoring, cockfighting, and public drunkenness. That such departures from the straight and narrow are not uncommon in postwar periods, following all the social dislocations of military mobilization, was no consolation to Virginians eager to show a doubting world that government by the people could work.

The root …

The Supreme Court's Misplaced Concern With Selective Fairness: Bush V. Gore And Three Analogies To Grading Dilemmas, William K.S. Wang

Faculty Scholarship

No abstract provided.

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 …