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Articles 1 - 30 of 31
Full-Text Articles in Education Law
Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates
Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates
Vanderbilt Law Review
Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …
The Lingering Legacy Of "In Loco Parentis": An Historical Survey And Proposal For Reform, Brian Jackson
The Lingering Legacy Of "In Loco Parentis": An Historical Survey And Proposal For Reform, Brian Jackson
Vanderbilt Law Review
The changing legal relationship between students and their college or university reflects the evolution of higher education in this country. During the Colonial period and the early years of the Republic, higher education was conducted mainly through small, church-affiliated colleges. In most cases, the founders and faculties of early American schools imitated the collegiate systems of Oxford and Cambridge. Stu- dents and their teachers aspired to withdraw from the world of everyday affairs to live and work in an environment that mirrored the families students left behind. Faculties were concerned not only with intellectual advancement but also with the development …
Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch
Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch
BYU Law Review
No abstract provided.
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake
In the Public Interest
No abstract provided.
Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney
Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney
In the Public Interest
No abstract provided.
Fear And Loathing In The Law Schools, Barbara Glesner Fines
Fear And Loathing In The Law Schools, Barbara Glesner Fines
Faculty Works
No abstract provided.
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Law, Culture, And Children With Disabilities: Educational Rights And The Construction Of Difference, David M. Engel
Journal Articles
No abstract provided.
Review Of Chubb And Moe "Politics, Markets And America's Schools", Stephen D. Sugarman
Review Of Chubb And Moe "Politics, Markets And America's Schools", Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.
Foreword: Racist Speech On Campus, Kingsley R. Browne
Foreword: Racist Speech On Campus, Kingsley R. Browne
Law Faculty Research Publications
No abstract provided.
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Education Finance Reform Litigation And Separation Of Powers: Kentucky Makes Its Contribution, Troy Reynolds
Education Finance Reform Litigation And Separation Of Powers: Kentucky Makes Its Contribution, Troy Reynolds
Kentucky Law Journal
No abstract provided.
Support For A Child's Post-Majority Education, Jeff Atkinson
Support For A Child's Post-Majority Education, Jeff Atkinson
Loyola University Chicago Law Journal
No abstract provided.
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School-Sponsored Forums, Robert R.M. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School-Sponsored Forums, Robert R.M. Verchick
Robert R.M. Verchick
This article suggests a new justification for protecting student speech that specifically addresses the need for free expression and inquiry in school- sponsored forums. Starting with the proposition that student speech prepares one for self-government, I suggest we re-define the kind of self-government to which we ask students to aspire. By recasting our conception of democracy in a way that highlights universal participation and group transformation, we will find a theory of government much closer to the values of group discovery and social reform.
Judicial Enforcement Of The Right To An Equal Education In Illinois, 12 N. Ill. U. L. Rev. 45 (1991), Michael P. Seng, Michael R. Booden
Judicial Enforcement Of The Right To An Equal Education In Illinois, 12 N. Ill. U. L. Rev. 45 (1991), Michael P. Seng, Michael R. Booden
UIC Law Open Access Faculty Scholarship
No abstract provided.
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Indian Reservations And The Preservation Of Tribal Culture: Beyond Wardship To Stewardship, John W. Ragsdale Jr
Faculty Works
No abstract provided.
Pre-Emption Of Local Law By State Legislature
Comments: Maryland's Fundamental Interest In A Thorough And Efficient System Of Public Education: The Need For Judicial Intervention, Elizabeth Colette Derrrig
Comments: Maryland's Fundamental Interest In A Thorough And Efficient System Of Public Education: The Need For Judicial Intervention, Elizabeth Colette Derrrig
University of Baltimore Law Review
After the 1983 Court of Appeals of Maryland decision in Hornbeck v. Somerset County Board of Education there appeared little hope for those who wished to reform disparities in public school financing through the courts. With the recent publication of the Maryland School Performance Program Reports, however, and enlightened decisions in other jurisdictions holding similar public school financing schemes unconstitutional, evidence has emerged which is capable of reviving a state constitutional challenge to Maryland's existing public school financing scheme which is based upon local wealth.
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw
Seattle University Law Review
Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
University of Richmond Law Review
The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Education: The Constitutionality Of Oklahoma's Public School Financing System: Does The State Have A Duty To Provide An Adequate Education For All Schoolchildren?, Karen Richardson
Education: The Constitutionality Of Oklahoma's Public School Financing System: Does The State Have A Duty To Provide An Adequate Education For All Schoolchildren?, Karen Richardson
Oklahoma Law Review
No abstract provided.
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Educational Malpractice: A Tort Is Born, Johnny C. Parker
Cleveland State Law Review
This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Educational Malpractice: A Tort En Ventre, Frank D. Aquila
Cleveland State Law Review
This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick
UIC Law Review
No abstract provided.
Racial Insults And Free Speech Within The University, J. Peter Byrne
Racial Insults And Free Speech Within The University, J. Peter Byrne
Georgetown Law Faculty Publications and Other Works
This article examines the constitutionality of university prohibitions of public expression that insults members of the academic community by directing hatred or contempt toward them on account of their race. Several thoughtful scholars have examined generally whether the government can penalize citizens for racist slurs under the first amendment, but to the limited extent that they have discussed university disciplinary codes they have assumed that the state university is merely a government instrumentality subject to the same constitutional limitations as, for example, the legislature or the police. In contrast, I argue that the university has a fundamentally different relationship to …
Voice, Not Choice, James S. Liebman
Voice, Not Choice, James S. Liebman
Faculty Scholarship
In John Chubb and Terry Moe's book, choice is hot; voice is not. As influential as their book has become in current policy debates, however, its data and reasoning may support policies the reverse of those that the authors and their "New Paradigm" disciples propose. In this review, voice is hot; choice is not.
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder
Faculty Works
No abstract provided.
The Moral Responsibilities Of Universities, Terrance Sandalow
The Moral Responsibilities Of Universities, Terrance Sandalow
Book Chapters
IN THE YEARS SINCE the Second World War, "higher education" has emerged as one of the major influences in American life. Well over 50 percent of the age cohort now in its teens or early twenties will attend a college or university, more than a five-fold increase from the prewar period. Moreover, colleges and universities now engage in so broad a range of activities that the appellation "higher education" no longer seems entirely appropriate to describe the institutions. Community colleges, but also four-year colleges and universities, play a major role in training individuals for skilled and semiskilled occupations. Universities are …
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Comment On Preliminary Report On Freedom Of Expression And Campus Harassment Codes, Terrance Sandalow
Articles
Campus harassment codes pose an unprecedented problem for the AAUP, not only because the issues of academic freedom they raise are novel, but also because the academic community is itself deeply divided over those issues. Historically, the major assaults upon academic freedom have come from outside the academy--from politicians, trustees, and donors who have sought to limit inquiry and restrict the expression of unpopular views. Ideas about academic freedom have been shaped in the course of repelling these assaults and in constructing barricades that will safeguard the freedoms to teach and to learn that are at the center of the …