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Education Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2008

Mercer University School of Law

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Full-Text Articles in Education Law

Doubting Thomasville's Ability-Grouping Program: Holton V. City Of Thomasville School District, William Benjamin Bryant Jul 2008

Doubting Thomasville's Ability-Grouping Program: Holton V. City Of Thomasville School District, William Benjamin Bryant

Mercer Law Review

The summer of 2007 was an active season for education cases in the United States federal court system. While the Supreme Court heard several cases related to freedom of speech and school race issues, the United States Court of Appeals for the Eleventh Circuit heard its own case, Holton v. City of Thomasville School District, in which the court examined the City of Thomasville School District's ("the School District") ability-grouping program. The court held that the School District's program was neither intentionally discriminatory nor the result of prior de jure segregation by the district. The Eleventh Circuit's decision extends …


Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock May 2008

Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock

Mercer Law Review

In Tennessee Secondary School Athletic Ass'n v. Brentwood Academy ("Brentwood I/,), the United States Supreme Court unanimously held that an athletic association may enforce its anti-undue-influence recruiting policy, restricting the speech of its voluntary member schools, to avoid undue influence on young student athletes during the recruitment process. In reaching its holding, the Court extended two lines of First Amendment jurisprudence. First, the Court extended the application of Ohralik v. Ohio State Bar Ass'n to a context other than attorney-client solicitation for the first time. In doing so, the Court held that the possibility of undue influence in athletic recruiting …