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Articles 3481 - 3510 of 4956
Full-Text Articles in Education Law
Autonomy, Gay Rights And Human Self-Fulfillment: An Argument For Modified Liberalism In Public Education, Vincent J. Samar
Autonomy, Gay Rights And Human Self-Fulfillment: An Argument For Modified Liberalism In Public Education, Vincent J. Samar
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Faculty Articles and Other Publications
As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.
History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
Faculty Scholarship
Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …
The Imperium Strikes Back: The Need To Teach Socioeconomics To Law Students., William K. Black
The Imperium Strikes Back: The Need To Teach Socioeconomics To Law Students., William K. Black
Faculty Works
No abstract provided.
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
Faculty Scholarship
Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart
Law Faculty Publications
No abstract provided.
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia
Loyola University Chicago Law Journal
No abstract provided.
The Deconstitutionalization Of Education, Erwin Chemerinksy
The Deconstitutionalization Of Education, Erwin Chemerinksy
Loyola University Chicago Law Journal
No abstract provided.
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky
Loyola University Chicago Law Journal
No abstract provided.
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
The Power Behind The Promise: Enforcing No Child Left Behind To Improve Education, Amy M. Reichbach
Faculty Publications
Despite the U.S. Supreme Court's recognition in 1954, in Brown v. Board of Education, that education is of paramount importance, six million middle and high school students are still in danger of being left behind. Less than seventy-five percent of eighth graders, fifty percent in urban schools, are graduating from high school within five years. Advocates for educational equity have appealed to the courts, achieving limited success. They have also turned to the legislature, which most recently enacted the No Child Left Behind Act of 2001 ("NCLB"). Thus far, however, the federal government has not enforced NCLB adequately. This …
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article provides an in-depth analysis of our comprehensive study of the Pace Academic Support Program. Section II of the article discusses the purpose and design of ASPs generally, and Pace Law School's program specifically. Section III describes the research design, methodology, and procedures used for this study. Section IV evaluates and analyzes the findings, with an in-depth analysis of the impact each service yields to ASP students, as well as the statistical significance of such benefits. Section V evaluates the importance of background criteria and the impact that such variables have on ASP participants and non-participants. Section V also …
The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo
The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo
Educational Leadership Faculty Publications
The dearth of statistical or anecdotal evidence aside, combined with the relative lack of reported litigation, it appears that most students and teachers regularly participate in perhaps the most common daily school ritual by joining in the patriotic recitation of the Pledge of Allegiance (Pledge) and the salute to the American Flag. Yet, as discussed throughout this article, this daily practice has had a history of controversy, whether in schools or political settings.
Turning specifically to schools, in Newdow v. United States Congress (Newdow), the Ninth Circuit set off a firestorm of controversy when, in a case from California, it …
Brown As Icon, Steven L. Winter
Brown As Icon, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone
Michigan Journal of Gender & Law
This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.
Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.
Untangling Eligibility Requirements Under The Individuals With Disabilities In Education Act, Robert A. Garda Jr.
Robert A. Garda
Finding a child eligible for special education under the Individuals with Disabilities Education Act (IDEA) is one of the most important, if not the most important, decision that will be made in that child's life. Despite the importance of eligibility determinations the eligibility criteria of IDEA are intricately tangled and often misapplied by courts, hearing officers and inevitably parents and educators. The confusion surrounding eligibility standards leads to the disastrous results of both over-identification and under-identification of IDEA eligible children. This Article attempts to untangle the web of IDEA eligibility standards in order to determine who is entitled to its …
Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer
Small Liberal Arts Colleges, Fraternities, And Antitrust: Rethinking Hamilton College, Mark D. Bauer
Mark D Bauer
Many colleges have abolished men's and women's fraternities, and many more plan to do so. Regardless of one's personal feelings towards fraternities, demands to shut down housing and cease dining operations raise important antitrust concerns. Because the fraternities offer competitive housing and food services, colleges are using their market power to eliminate business rivals.
Brown At 50: Reconstructing Brown'S Promise, Taunya Lovell Banks
Brown At 50: Reconstructing Brown'S Promise, Taunya Lovell Banks
Faculty Scholarship
Today the measure of equal education for black children often is the racial composition of the school population rather than the quality of education received. Increasingly educational achievement for children of all races is tied to socioeconomic status. Since whites as a group are more affluent than non-whites, race and class tend to get conflated leaving uninformed people to conclude that racial integration alone is the measure of equal educational opportunities for black and other non-white children. Legal scholars writing about equal educational opportunities tend to focus either on ways to achieve racial integration or funding equality. Few scholars explore …
Let The Testing Begin, Alexis Reed
Not As Easy As Black And White: The Implications Of The University Of Rio De Janeiro's Quota-Based Admissions Policy On Affirmative Action Law In Brazil, Ricardo Rochetti
Not As Easy As Black And White: The Implications Of The University Of Rio De Janeiro's Quota-Based Admissions Policy On Affirmative Action Law In Brazil, Ricardo Rochetti
Vanderbilt Journal of Transnational Law
This Note specifically addresses the propriety of affirmative action pertaining to admissions to institutions of higher education. The focus will be on Uerj's quota system because, of all of Brazil's neophyte quota systems, it has received the most publicity and attracted the most scrutiny.
Part II of this Note will analyze Uerj's program and highlight the reasons for its ineffectiveness and the arguments that both proponents and opponents of the program have advanced. Part III will introduce the issues that the Supreme Federal Tribunal, Brazil's highest court, will encounter in deciding the challenge that the National Confederation of Teaching Establishments …
Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg
Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg
Faculty Publications & Other Works
No abstract provided.
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams
Faculty Publications & Other Works
No abstract provided.
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Commentary On Legislative Educational Reform, Governor Mike Huckabee
Commentary On Legislative Educational Reform, Governor Mike Huckabee
University of Arkansas at Little Rock Law Review
No abstract provided.
Real Ethical Dilemma: Professor Whistleblower And The Diary Of The Lost Job*, Terence Garrett
Real Ethical Dilemma: Professor Whistleblower And The Diary Of The Lost Job*, Terence Garrett
Political Science Faculty Publications and Presentations
*This story is a fictionalized account of an actual event. Names have been changed to protect the innocent and the guilty. Any similarities with other persons or events are purely coincidental. A version of this paper was presented at a Roundtable discussion of the 2002 Midwest Political Science Association Annual Meeting, April 2002, in Chicago, IL, Roundtable Title – “Administrators, Activists, and Academics: Political Science at the Bargaining Table.” In no way, shape, or form is this essay about my current employer.
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez
Michigan Journal of Race and Law
Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Michigan Journal of Race and Law
This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …
Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis
Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis
Indiana Law Journal
No abstract provided.
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Richmond Public Interest Law Review
On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris
Richmond Journal of Law and the Public Interest
On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.