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Articles 1 - 30 of 32
Full-Text Articles in Education Law
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
Affirmative Action: Protecting The Untenured Minority Professor During Extreme Financial Exigency, Johnny C. Parker, Linda C. Parker
North Carolina Central Law Review
No abstract provided.
Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro
Constitutional Protection Of The Right To An Education, William F. Foster, Gayle Pinheiro
Dalhousie Law Journal
The education of its citizenry is often recognized as one of the most important public services provided by the state. The history of the rise and development of public education in the provinces of Canada reveals, above all, the influence of the Protestant and Roman Catholic churches. The educational philosophy, aims and broader objectives of the public education system reflected the moral and religious doctrines of the faith which had sponsored the founding of the institution. Yet there also existed a pervasive belief among the general populace in the power of education to support and nourish basic democratic values. Moreover, …
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Passion For Justice, Martha L. Minow, Elizabeth V. Spelman
Cardozo Law Review
No abstract provided.
Case Digests: The Law Of Higher Education In West Virginia, Deborah L. Miller, Paul L. Weber
Case Digests: The Law Of Higher Education In West Virginia, Deborah L. Miller, Paul L. Weber
West Virginia Law Review
No abstract provided.
Crisis In Higher Education Governance: One State's Struggle For Excellence, Joan E. Van Tol
Crisis In Higher Education Governance: One State's Struggle For Excellence, Joan E. Van Tol
West Virginia Law Review
No abstract provided.
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
Discrimination In The Public Schools: Dick And Jane Have Aids, Susan A. Winchell
William & Mary Law Review
No abstract provided.
Substantive Due Process Challenges: Are They Creeping Into Education Under A New Standard Of Review?, Keith Hendricks
Substantive Due Process Challenges: Are They Creeping Into Education Under A New Standard Of Review?, Keith Hendricks
Brigham Young University Journal of Public Law
No abstract provided.
Censorship In Secondary School Newspapers: Hazelwood School District V. Kuhlmeier, James E. Ellsworth
Censorship In Secondary School Newspapers: Hazelwood School District V. Kuhlmeier, James E. Ellsworth
Brigham Young University Journal of Public Law
No abstract provided.
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor
Michigan Law Review
A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom
Democratic Education, Jonathan Marks
Democratic Education, Jonathan Marks
Michigan Law Review
A Review of Democratic Education by Amy Gutmann
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
The Naacp's Legal Strategy Against Segregated Education, Robert L. Carter
Michigan Law Review
A Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950 by Mark Tushnet
One Moment Please: Private Devotion In The Public Schools, Richard G. Wilkins
One Moment Please: Private Devotion In The Public Schools, Richard G. Wilkins
Brigham Young University Journal of Public Law
No abstract provided.
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
Edwards V. Aguillard: The Lemon Test Yields Bitter Fruit For Traditional Religious Values, 21 J. Marshall L. Rev. 613 (1988), John R. Russell
UIC Law Review
No abstract provided.
The Lemon Test And Subjective Intent In Establishment Clause Analysis: The Case For Abandoning The Purpose Prong, Jeffrey S. Theuer
The Lemon Test And Subjective Intent In Establishment Clause Analysis: The Case For Abandoning The Purpose Prong, Jeffrey S. Theuer
Kentucky Law Journal
No abstract provided.
Education Malpractice: A Cause Of Action That Failed To Pass The Test, Deborah D. Dye
Education Malpractice: A Cause Of Action That Failed To Pass The Test, Deborah D. Dye
West Virginia Law Review
No abstract provided.
Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg
Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg
Articles
I suspect Professor Rabban is right in saying that we have more than a semantic dispute. But it is difficult to identify our areas of substantive disagreement with any precision because of a major difference in the meanings that each of us ascribes to certain key words and phrases. The essence of my argument is as follows: What I call "the traditional American conception of academic freedom" justifies professional autonomy for faculty members as a means of furthering certain academic values. But the mechanism of faculty autonomy fails to protect these traditional academic values in the contemporary context of externally …
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg
Articles
In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …
Response To From Scopes To Edwards, Gary C. Leedes
Response To From Scopes To Edwards, Gary C. Leedes
University of Richmond Law Review
Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
University of Richmond Law Review
Few issues have generated as much controversy as the scope of the religion clauses of the first amendment to the United States Constitution within the setting of the public schools. Indeed, as Justice Brennan once stated, the courts have "encountered few issues more intricate or more demanding than that of the relationship between religion and the public schools." This controversy is not surprising in light of the important role played by the public schools in shaping the nation's thoughts, beliefs and institutions. It is a controversy without end; for as long as the public schools maintain their primary role in …
Virginia Public Schools- Student Rights, Todd Holliday
Virginia Public Schools- Student Rights, Todd Holliday
University of Richmond Law Review
"At common law the education of the child by the State was unknown. In Virginia, the idea that the welfare of the State could be advanced by the education of the masses was first advanced by Mr. [Thomas] Jefferson." Virginia, as well as all other states, has established a system of public education. The great benefits of the public school system undoubtedly enhance both the individual and society as a whole. Nevertheless, if Thomas Jefferson, the father of this great institution, were able to observe the current conditions of public schools, he would, as the saying goes, "roll over in …
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Constitutional Rights Of Students, Their Families, And Teachers In The Public Schools, Norman B. Smith
Campbell Law Review
This article searches for resolutions of constitutional conflicts, not only between the state as public school administrator and individual students, parents, and teachers, but also among the competing constitutional demands of the individuals whose interests are affected by the system of public education. Part II of this article addresses the public interests and values in which the educational system is rooted. Part III identifies and discusses the first amendment rights at stake in public education: freedom of expression; the right to receive communication; freedom of religion; and the protection against establishment of religion and familial childrearing rights. Part IV contains …
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
Science In School: From Antireligion To Scientific Cult, 21 J. Marshall L. Rev. 449 (1988), Elizabeth Freidheim
UIC Law Review
No abstract provided.
Hazelwood School District V. Kuhlmeier: How Useful Is Public Forum Analysis In Evaluating Restrictions On Student Expression In The Public Schools, 22 J. Marshall L. Rev. 403 (1988), Mark N. Bonaguro
UIC Law Review
No abstract provided.
Foreword, Kimberlé W. Crenshaw
Foreword, Kimberlé W. Crenshaw
Faculty Scholarship
In 1987, I was honored to write the Foreword for a special issue on the National Black Law Journal. The special issue featured papers on race, racism and democracy written by students in a UCLA seminar that I had tailored to facilitate the production of publishable work by students. The state of legal education for African American students at the time was far from idyllic. Indeed, the Foreword was inspired by a host of events that I had witnessed both as a student and as a colleague that underscored the varied and subtle ways that race continued to marginalize students …
Toward A Race-Conscious Pedagogy In Legal Education, Kimberlé W. Crenshaw
Toward A Race-Conscious Pedagogy In Legal Education, Kimberlé W. Crenshaw
Faculty Scholarship
It is both an honor and a pleasure to write the Foreword for this issue of the National Black Law Journal. This project represents the culmination of a joint effort involving the NBLJ, Dean Susan Westerberg Prager and me. The project grew out of discussions that began in the Spring of 1987 in which we explored various ways that the law school could support the production of publishable student material for the Journal. I initially considered sponsoring interested students in independent research projects; however, a high level of student interest, an obvious overlap between proposed student topics, and my …
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Aliens In The Marketplace Of Ideas: The Government, The Academy, And The Mccarran-Walter Act, John A. Scanlan
Articles by Maurer Faculty
No abstract provided.
The Lawyer's Intercultural Communication Problems With Clients From Diverse Cultures, Joan B. Kessler
The Lawyer's Intercultural Communication Problems With Clients From Diverse Cultures, Joan B. Kessler
Northwestern Journal of International Law & Business
The role of the lawyer is currently in a state of flux. Former Chief Justice Warren Burger has repeatedly called upon the legal community to increase the study of communication skills in law schools. Other legal and communication scholars have recently discussed the importance of communication skills for the lawyer. More and more lawyers are becoming aware of the importance of understanding the research tools and theories used in communication research. The goal of this Perspective is to unify some of the empirical studies in the social sciences and law and to develop a theoretical model of intercultural interviewing and …
"Public Education In Shreds": Religious Challenges To Curricular Decisions, Kiply S. Shore
"Public Education In Shreds": Religious Challenges To Curricular Decisions, Kiply S. Shore
Indiana Law Journal
No abstract provided.
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey
Cleveland State Law Review
Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in …
Mandatory Student Fees: First Amendment Concerns And University Discretion, Christina E. Wells
Mandatory Student Fees: First Amendment Concerns And University Discretion, Christina E. Wells
Faculty Publications
This Comment analyzes the constitutional issues raised by the use of mandatory student fees to fund speech at public universities. Part I examines the interests of students and universities with respect to the use of such fees. Part II examines court decisions in this area. Part III looks to the nature of student fees and demonstrates that they are permissible exercises of university discretion. Parts IV and V discuss whether the Constitution requires a university, if it funds student organizations by mandatory fees, to fund all organizations equally, without regard to other students' objections to those organizations' viewpoints.