Education Law Commons^™

The Principle And Practice Of Women's 'Full Citizenship': A Case Study Of Sex-Segregated Public Education, Jill Elaine Hasday

Jill Elaine Hasday

For more than a quarter century, the Supreme Court has repeatedly declared that sex-based state action is subject to heightened scrutiny under the Equal Protection Clause. But the Court has always been much less clear about what that standard allows and what it prohibits. For this reason, it is especially noteworthy that one of the Court's most recent sex discrimination opinions, United States v. Virginia, purports to provide more coherent guidance.

Virginia suggests that the constitutionality of sex-based state action turns on whether the practice at issue denies women "full citizenship stature" or "create[s] or perpetuate[s] the legal, social, and …

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.

"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Educational Jujitsu: How School Finance Lawyers Learned To Turn Standards And Accountability Into Dollars, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Cornell Law Faculty Publications

By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …

A Search For The Best Idea: Balancing The Conflicting Provisions Of The Individuals With Disabilities Education Act, Joshua A. Wolfe

Vanderbilt Law Review

One issue that is consistently at the forefront of political debate in America is the educational system. The debate over education involves funding, accountability, and curriculum issues, among others. One education issue that does not receive as much attention as some of the more politically charged issues is special education.

The goal of the American public school system is to educate all children, but how should that goal be implemented with regard to learning-disabled children? How does the educational system meet the individualized needs of disabled students while ensuring that these students are not isolated from the rest of the …

Making Specimen Cups As Normal As Prom Night: The Implications Of Board Of Education V. Earls On Public Schools Across The Nation, Caroline Slater Burnette

Campbell Law Review

No abstract provided.

Choice Programs And Market-Based Separationism, Paul E. Salamanca

Buffalo Law Review

No abstract provided.

Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise

Washington and Lee Law Review

No abstract provided.

Charter School Funding Issues, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Cornell Law Faculty Publications

Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …

School Vouchers And The Constitution - Permissible, Impermissible, Or Required?, Gary J. Simson

Cornell Law Faculty Publications

No abstract provided.

The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin

Cornell Law Faculty Publications

Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …

Least Restrictive Environments: Assessing Classroom Placement Of Students With Disabilities Under The Idea, Sarah E. Farley

Washington Law Review

The Individuals with Disabilities Education Act (IDEA) requires school districts to educate all students receiving special education in the "least restrictive environment" appropriate for each student's needs. This provision reflects Congress' preference that children with disabilities be educated alongside their non-disabled peers to the maximum extent possible. The U.S. Supreme Court has never determined how to test whether a school district has complied with this provision, so the federal circuits have developed several different tests. However, these circuit tests all arose prior to the most recent 1997 Amendments to the IDEA. This Comment explores the development and subsequent application of …

Out Of The Black Hole: Reclaiming The Crown Of King Coal, Wendy B. Davis

American University Law Review

No abstract provided.

The Political Economy Of School Choice, Michael Heise, James E. Ryan

Cornell Law Faculty Publications

This paper examines the political economy of school choice and focuses in particular on the role of suburbanites. This group, which we contend is the most important and powerful stakeholder in choice debates, has yet to receive much attention in the commentary. It turns out that suburbanites, by and large, are not wild about school choice, either public or private. Suburbanites are largely satisfied with the schools in their neighborhoods and want to protect the physical and financial independence of those schools (as well as their property values, which are tied to the perceived quality of local schools). School choice …

We Want To Play Too, Peter J. Titlebaum, Kate Brennan, Tracy Chynoweth

Health and Sport Science Faculty Publications

The Americans with Disabilities Act (ADA) requires that persons with disabilities be integrated to the maximum extent possible, and that these persons cannot be excluded from participation. Intramural directors need to be proactive in this area. The benefits of intramural sports are vast, and they help many students become part of the college community.

Forming an alliance with the Disability Services on campus, the first step, is the most vital aspect of making these programs successful. It is important to remember the difference between what can be done and what must be done. Even with the best of intentions, it …

Despite A Recent Eleventh Circuit Decision, Diversity Remains A Compelling Interest In The University Admissions Process, David A. Kelly

Brigham Young University Journal of Public Law

No abstract provided.

Lavine V. Blaine School District: Fear Silences Student Speech In The Ninth Circuit, Shannon M. Mcminimee

Washington Law Review

In LaVine v. Blaine School District, the Ninth Circuit allowed a school to expel a student for writing a poem about a school shooting. The court held that the school did not violate the student's First Amendment rights because the school could reasonably forecast that the student would cause a substantial disruption or material interference with school activities. This Note argues that the LaVine court incorrectly applied the established standards for evaluating the constitutionality of a school's decision to expel a student. The LaVine court also unwisely extended the Tinker doctrine to a new area of student speech. In …

Rights Of Children: Educational And Legal Implications For Schools: An Australian Perspective, Douglas J. Stewart

Brigham Young University Education and Law Journal

No abstract provided.

Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber

Brigham Young University Education and Law Journal

No abstract provided.

Board Of Trustees Of The Univeristy Of Alabama V. Garrett And The Equal Education Opportunity Act: Another Act Bites The Dust, Geoffrey Landward

Brigham Young University Education and Law Journal

No abstract provided.

Sain V. Cedar Rapids Community School District: Providing Special Protection For Student-Athletes?, Patricia Abbott

Brigham Young University Education and Law Journal

No abstract provided.

Implications Of Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources For Due Process Under The Individuals With Disabilities Education Act, Jennifer R. Rowe

Brigham Young University Education and Law Journal

No abstract provided.

The Fallacy Behind Increased Accountability: How Disabled Students' Constitutional Rights Have Been Disregarded In A Rush To Implement High-Stakes Exams, Ryan R. West

Brigham Young University Education and Law Journal

No abstract provided.

Legal Issues In Teacher Evaluation Legislation: A Study Of State Statutory Provisions, Carole A. Veir, David L. Dagley

Brigham Young University Education and Law Journal

No abstract provided.

Subverting The Academic Abstention Doctrine In Teacher Evaluation: How School Reform Legislation Defeats Itself , David L. Dagley, Carole A. Veir

Brigham Young University Education and Law Journal

No abstract provided.

Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman

Brigham Young University Education and Law Journal

No abstract provided.

Zero Tolerance Or (In)Tolerance Policies? Weaponless School Violence, Due Process, And The Law Of Student Suspensions And Expulsions: An Examination Of Fuller V. Decatur Public School Board Of Education School District, Kevin P. Brady

Brigham Young University Education and Law Journal

No abstract provided.

The Duty To Protect: Blackstone's Doctrine Of In Loco Parentis: A Lens For Viewing The Sexual Abuse Of Students, Todd A. Demitchell

Brigham Young University Education and Law Journal

No abstract provided.