Education Law Commons^™

Accommodating The Learning Disabled Student On Campus, Oren R. Griffin

Articles, Chapters in Books and Other Contributions to Scholarly Works

Each year nearly 19 million persons matriculate at American colleges and universities as undergraduate or graduate students. A substantial segment of these students are disabled. For disabled students matriculating through American higher education institutions, a tremendous battle is being waged as to the educational experience afforded those students with learning disabilities." Lawyers, educators and students are embroiled in a complex tug-of war that will have a lasting impact on higher education. This article examines some of the legal issues that will undoubtedly challenge those seeking to strike a balance between hard-line advocates for disabled students and educational professionals required to …

Religion At A Public University, Gerard V. Bradley

Journal Articles

On March 6, 2007, the College of William & Mary announced a “compromise” solution to its polite civil war over the historic Wren Chapel. In a joint statement with President Gene Nichol, the Board of Visitors declared that permanent display of the Christian cross within the Chapel would resume. The cross would be moved, however, from its former place at center stage on the Chapel altar. Accompanying the elocated display would be a plaque “explaining the College's Anglican roots.” The compromise further provided that, when needed during certain worship services, the cross could be moved back to the altar. When …

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

Publications

No abstract provided.

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.

First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.

Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …

Students And Due Process In Higher Education: Of Interests And Procedures, Fernand N. Dutile

Journal Articles

In the process of enforcing their academic and disciplinary standards, colleges and universities increasingly find themselves confronting the possibility and even the reality of litigation. At public institutions, of course, the strictures of the due process clause of the Fourteenth Amendment loom especially large. Meeting the complex needs of their institutions and students as well as the expectations of American courts presents an ongoing and daunting challenge to higher education personnel.

For both internal and external reasons, institutional dealings with aberrant students in public higher education has, over the years, developed on a dual track. Courts themselves have generally treated …

Two Views Of The River: A Critique Of The Liberal Defense Of Affirmative Action, Charles R. Lawrence Iii

Georgetown Law Faculty Publications and Other Works

In response to the attack on affirmative action at educational institutions, the argument that the benefits of diversity necessitate keeping affirmative action has emerged as the dominant defense of race-conscious admissions policies. Describing this argument as the “liberal defense of affirmative action,” Professor Lawrence critiques the liberal defense because it fails to challenge the manner in which traditional standards of merit perpetuate race and class privilege, and pushes aside more radically, substantive defenses of affirmative action which articulate the need to remedy past and ongoing discrimination. While recognizing the difficulties and ambivalence inherent in advancing a new vision for defending …

Academic Freedom Of Part-Time Faculty, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Everyone assumes that part-time faculty should enjoy a full measure of academic freedom. The American Association of University Professors (AAUP) has consistently argued for it. Martin Michaelson's draft "Academic Freedom Policy and Procedures," a touchstone for this symposium, accords academic freedom through contract to full-time and part-time faculty without distinction. A recent article in the Chronicle of Higher Education raised the alarm that "To Many Adjunct Professors, Academic Freedom Is a Myth;" nowhere did it question the normative claim that an adjunct should enjoy complete academic freedom.

School Liability For Peer Sexual Harassment After Davis: Shifting From Intent To Causation In Discrimination Law, Deborah L. Brake

Articles

This essay seeks to explain the Davis v. Monroe County Board of Education case as an interpretation of discrimination that notably and correctly focuses on how institutions cause sex-based harm, rather than on whether officials within chose institutions act with a discriminatory intent. In the process, I discuss what appears to be the implicit theory of discrimination underlying the Davis decision: that schools cause the discrimination by exacerbating the harm that results from sexual harassment by students. I then explore the significance of the deliberate indifference requirement in this context, concluding that the standard, for all its flaws, is distinct …

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake

Articles

Title IX's three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test's relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women in sport. …

Review Of Viteritti "Choosing Equality: School Choice, The Constitution, And Civil Society", Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.