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Articles 1 - 30 of 114
Full-Text Articles in Education Law
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
Vanderbilt Law Review
Much is being made this year in education law circles and elsewhere about the fiftieth anniversary of Brown v. Board of Education.' The Brown decision has certainly left an indelible mark on schools and other institutions in the United States. But last year the thirtieth anniversary of another major Supreme Court opinion passed largely without comment, despite the fact that it may be the most significant decision regarding public schools since Brown. In 1973, the U.S. Supreme Court, in San Antonio Independent School District v. Rodriguez, concluded that education was not a fundamental right and that disparities in school funding …
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
Scholarly Works
This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Towards An Establishment Clause Theory Of Race-Based Allocation After Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
Towards An Establishment Clause Theory Of Race-Based Allocation After Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
ExpressO
The novel application of the Establishment Clause doctrine by way of analogy to race0based financial aid after Grutter and Grats, while not identical, speaks to real issue of neutrality that is implicit in the debate of administering race-based scholarships that should be truthfully acknowledged. There is no concern about improper university indoctrination of race as the Grutter court has already established race-based diversity as worthy of a compelling state interest. Moreover, there is no concern that a college or university would establish an imprimatur on race-based scholarships merely or solely because it identifies potential candidates meeting specified eligibility criteria which …
Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
ExpressO
Maxim Thorne, a Yale Law School Graduate of 1992, writes an essay derived from his address delivered on October 1, 2004 at the thirty-fifth anniversary of the African-American Cultural Center at Yale University, entitled "New Political and Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively." He presents Seven Strategies that African Americans should use to secure power and justice in America: 1) Go Home, 2) Public Schools Aren’t Our Only Option and other paradigm shifting legal arguments 3) Draw On the Power of Older Women of Color, 4) Network Your Heart Out, Giving Time, Advice, and Money, 5) Honor Our …
Funding The Education Of Arkansas's Children: A Summary Of The Problems And Challenges, Dent Gitchel
Funding The Education Of Arkansas's Children: A Summary Of The Problems And Challenges, Dent Gitchel
University of Arkansas at Little Rock Law Review
No abstract provided.
Public School Reform: Kentucky's Solution, Debra H. Dawahare
Public School Reform: Kentucky's Solution, Debra H. Dawahare
University of Arkansas at Little Rock Law Review
No abstract provided.
Education Adequacy Litigation: History, Trends, And Research, Steve Smith
Education Adequacy Litigation: History, Trends, And Research, Steve Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Equity, Motivation, And Leadership: A Matter Of Justice, Patsy E. Johnson
Equity, Motivation, And Leadership: A Matter Of Justice, Patsy E. Johnson
University of Arkansas at Little Rock Law Review
No abstract provided.
School Finance Litigation And Adequacy Studies, Janet D. Mcdonald, Mary F. Hughes, Gary W. Ritter
School Finance Litigation And Adequacy Studies, Janet D. Mcdonald, Mary F. Hughes, Gary W. Ritter
University of Arkansas at Little Rock Law Review
No abstract provided.
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
University of Arkansas at Little Rock Law Review
No abstract provided.
Educational Rights And Wrongs: Defending Florida Public Schools Students In Expulsion Proceedings, Robert Hornstein
Educational Rights And Wrongs: Defending Florida Public Schools Students In Expulsion Proceedings, Robert Hornstein
North Carolina Central Law Review
No abstract provided.
Implementing Brown: A Lawyer’S View, Robert A. Sedler
Implementing Brown: A Lawyer’S View, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Litigated Learning And The Limits Of Law, Michael R. Heise
Litigated Learning And The Limits Of Law, Michael R. Heise
Cornell Law Faculty Publications
Brown’s legacy and what it says about the efficacy of litigation as a vehicle to achieve social change mean different things to different people. Although popular mythology emphasizes Brown’s critical role in securing equal educational opportunity, careful reflection reveals that the decision’s legacy is anything but clear. A narrow focus on school desegregation suggests Brown’s legacy is aptly characterized as one of unfulfilled promise. A broader focus that extends to include subsequent equal educational opportunity activity such as the school finance litigation movement, however, casts positive light on Brown’s legacy. More important than completing interpretations of Brown’s legacy is what …
Will Video Kill The Radio Star? Visual Learning And The Use Of Display Technology In The Law School Classroom, Fred Galves
Will Video Kill The Radio Star? Visual Learning And The Use Of Display Technology In The Law School Classroom, Fred Galves
ExpressO
No abstract provided.
Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley
Making Gay Straight Alliance Student Groups Curriculum-Related: A New Tactic For Schools Trying To Avoid The Equal Access Act, Brian Berkley
Washington and Lee Law Review
No abstract provided.
A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift
ExpressO
In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?
This article discusses the competing theories and concludes that a remedy that violates state law may …
Keeping Schools Safe: Why Schools Should Have An Affirmative Duty To Protect Students From Harm By Other Students, Alison Bethel
Keeping Schools Safe: Why Schools Should Have An Affirmative Duty To Protect Students From Harm By Other Students, Alison Bethel
The University of New Hampshire Law Review
[Excerpt] "Federal statutes have attempted to make schools safer by providing grants to assist schools in becoming violence-free. Similarly, some states have passed “bullying laws,” which mandate procedures for school officials to follow when dealing with bullying. These statutes, however, do not provide adequate remedies for students who are harmed by their peers during the school day. The majority of courts that have addressed student- on-student violence have declined to hold that compulsory education creates the type of special relationship needed to impose an affirmative duty on schools to protect students from harm by other students. While I agree that …
From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel
From Agency To Zattiero - The Effect Of School Board Policy, John E. Rumel
Articles
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michigan Law Review
In chess, a "fork" occurs when a player, in a single move, attacks two or more of an opponent's pieces simultaneously, forcing a necessary choice between unappealing outcomes. Similar to the potentially devastating chess move, single-sex public schooling forks many constitutionalists and feminists. Constitutionalists are forced to reexamine the "separate but equal" doctrine's efficacy, this time through the prism of gender. Although the doctrine - forged in the crucible of race and overcome in the monumental triumph we know as Brown v. Board of Education - rested dormant for generations, persistent (and increasing) single-sex education options are forcing scholars to …
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
Brown Et Al. V. Board Of Education Of Topeka Et Al., 347 U.S. 483 (1954), Supreme Court Of The United States
The Journal of Appellate Practice and Process
No abstract provided.
Lessons From And For "Disabled" Students, Sharon E. Rush
Lessons From And For "Disabled" Students, Sharon E. Rush
UF Law Faculty Publications
The traditional understanding of "disabled" means to have a physical, mental, or emotional limitation. It is unfortunate that the word has negative connotations because we all have the ability to do some things and not others. An individual's disabilities, traditional or otherwise, do not diminish the person or detract from the universal tenet that all people are inherently equal and entitled to be treated with dignity. Generally, it is unproductive to compare the circumstances of one group with another for the purpose of discerning which group has it better or worse. Struggles by different groups to achieve equality have different …
A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty
A Desperate Grab For Free Rehab: Unilateral Placements Under Idea For Students With Drug And Alcohol Addictions, David S. Doty
Brigham Young University Education and Law Journal
No abstract provided.
Make An Investment In Our School Children: Increase The Nutritional Value Of School Lunch Programs, Clint G. Salisbury
Make An Investment In Our School Children: Increase The Nutritional Value Of School Lunch Programs, Clint G. Salisbury
Brigham Young University Education and Law Journal
No abstract provided.
Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala
Universal Preschool: A Solution To A Special Education Law Dilemma, Alefia E. Mithaiwala
Brigham Young University Education and Law Journal
No abstract provided.
Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo
Protecting Access To Extracurricular Activites: The Need To Recognize A Fundamental Right To A Minimally Adequate Education, Nicholas A. Palumbo
Brigham Young University Education and Law Journal
No abstract provided.