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Full-Text Articles in Education Law
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines-namely, the Pickering-Connick framework for teachers' classroom speech and …
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Footnote Eleven For The New Millennium: Ecological Perspective Arguments In Support Of Compelling Interest, Malik Edwards
Seattle University Law Review
This Article proceeds in three Parts. Part II considers the historical and social context that led to the ultimate successful strategy in Brown. Although times may have changed, my ultimate argument is that contexts matters; as such, to fully understand Brown, we must understand the strategy behind it and the road that takes us from Plessy to Brown<,/em>. Part III considers the trends that led to Brown's undoing. While Brown I offers no remedy and Brown II provides that schools should be desegregated “with all deliberate speed,” one must understand the societal shifts that occurred, fundamentally changing the …
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Parents Involved And The Meaning Of Brown: An Old Debate Renewed, Jonathon L. Entin
Seattle University Law Review
This Article examines some of the jurisprudential roots of the racial discrimination debate, tracing the issue back to Brown and its immediate aftermath but finding the seeds of the disagreement in the ambiguities of the first Justice Harlan's celebrated dissenting opinion in Plessy v. Ferguson. The tensions between the two approaches did not matter in Plessy because segregation was impermissible under either theory, but the two approaches pointed in opposite directions in Parents Involved. Part II offers an overview of the Seattle and Louisville policies that were struck down in Parents Involved. Part III examines the various …