Education Law Commons^™

There’S A Law For That: Examining The Need For Personal Finance Education Legislation And Its Impact On Retirement In A Post Covid-19 World, Natalie M. Poirier

Journal of Legislation

No abstract provided.

Natural Law, Parental Rights, And The Defense Of "Liberal" Limits On Government: An Analysis Of The Mortara Case And Its Contemporary Parallels, Melissa Moschella

Notre Dame Law Review

This Article explores parallels between integralists’ defense of the Mortara case (in which Pius IX removed a child from his parents’ care in order to provide him with a Catholic education) and contemporary progressive arguments for overriding the authority of parents who do not want their gender-dysphoric children to undergo social or medical gender transition. In Part I, I offer an overview of the natural law case for limited government, then in Part II I turn more specifically to a natural law defense of parental rights as an essential aspect of limited government. In the following Part, I return to …

Battlegrounds For Banned Books: The First Amendment And Public School Libraries, Jensen Rehn

Notre Dame Law Review

Embedded in each conversation about banning books are arguments that use legal terminology. A brief conversation about banned books with a librarian will likely lead to a discussion of the “Library Bill of Rights” published by the ALA. No one is bound by the ALA’s Bill of Rights, which lacks a method of enforcement. Thus, the question remains: what is the legal landscape of banning books? Unfortunately, the Supreme Court has not provided a clear precedent about banning books from public school libraries. In fact, the Supreme Court has only taken cases about libraries on three occasions, each of which …

It’S A Trap: A New Economic Model Addressing American Public Education, Nikhil A. Gulati

Notre Dame Law Review

This Note will argue that, when looking at the quality of a school district, there is some theoretical threshold that determines whether the use of local property tax and zoning by a local government will be effective in increasing the quality of the locality’s schools. This theoretical threshold is conceptually akin to the basic economic idea of a poverty trap. If a locality’s schools are above this quality threshold, the corresponding local government will be able to effectively utilize property taxes and zoning to increase the quality of its schools. However, if it is below the threshold, the local government …

Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, Hannah Walsh

Notre Dame Law Review

This Note argues that in employing the Mathews v. Eldridge test to formulate the constitutional minimum process necessary to satisfy the Fourteenth Amendment in a Title IX university disciplinary hearing, federal courts have failed to adequately weigh the inevitable harm to survivors that will result from allowing one accused of sexual assault to personally cross-examine their accuser as part of the government interest at stake. Furthermore, this Note contends that any institution permitting the practice of respondents cross-examining their complainants commits sex discrimination in violation of Title IX by directly inflicting harm on its female students. Part I will provide …

Considering The Costs: Adopting A Judicial Test For The Least Restrictive Environment Mandate Of The Individuals With Disabilities Education Act, Edmund J. Rooney

Journal of Legislation

No abstract provided.

The Fundamental Right To Education, Derek W. Black

Notre Dame Law Review

New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court’s previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.

To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope. Those …

The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders

Notre Dame Law Review

In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the Trinity Lutheran …

The Criminalization Of School Choice: Punishing The Poor For The Inequities Of Geographic School Districting, La Darien Harris

Journal of Legislation

No abstract provided.

Incorrigible Students: A Criminal Oxymoron?, Shannon Lewry

Notre Dame Law Review

The Note proceeds in two Parts. The remainder of the Introduction presents a closed door: the Supreme Court’s hesitancy, to date, to find juvenile- life-without-parole sentences unconstitutional under the Eighth Amendment. After exploring the contours of the closed Door, the Introduction turns to an open window: education law. This, I argue, may be wielded to attack the lawfulness of juvenile-life-without-parole sentences on wholly nonconstitutional grounds. The Introduction concludes with remarks regarding this Note’s relevance and timeliness. Part I tracks the Note’s central argument, premise by premise, that state compulsory education laws and juvenilelife- without-parole sentences are wholly incompatible. Part II …

Baking Common Sense Into The Ferpa Cake: How To Meaningfully Protect Student Rights And The Public Interest, Zach Greenberg, Adam Goldstein

Journal of Legislation

No abstract provided.

Education As A Vital Right, Clayton Kozinski

Journal of Legislation

No abstract provided.

Orphans, Baby Blaines, And The Brave New World Of State Funded Education: Why Nevada's New Voucher Program Should Be Upheld Under Both State And Federal Law, David Wilhelmsen

Journal of Legislation

No abstract provided.

The Runaway Wagon: How Past School Discrimination, Finance, And Adequacy Case Law Warrants A Political Question Approach To Education Reform Litigation, Anthony Bilan

Notre Dame Law Review

Courtroom battles surrounding school finance and adequacy claims are very much alive today, nearly forty years after their progenitor, Serrano v. Priest. In spawning a potential new chapter in this history, a trial court in California struck down its state’s battalion of teacher tenure and employment laws under a legal analysis based in the education quality that those laws provided. This “landmark” case, Vergara, is generating conversation that its results could be duplicated throughout the nation. In a format familiar to school finance litigation, the Vergara court found that the state’s tenure statutes so detrimentally affected teaching that …