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Articles 1 - 19 of 19
Full-Text Articles in Jurisprudence
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
Seattle University Law Review
When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.
The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Seattle University Law Review
The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …
Setting The Table For Feast Or Famine: How Education Will Play A Deciding Role In The Future Of Precision Agriculture, Lauren Manning
Setting The Table For Feast Or Famine: How Education Will Play A Deciding Role In The Future Of Precision Agriculture, Lauren Manning
Journal of Food Law & Policy
Precision agriculture has many names including satellite farming, or site-specific crop management. Early forms of precision agriculture involved creating fertilizer maps, yield measurements, grid sampling, and soil pH content monitoring. Roughly 25 years ago, the advent of global positioning systems, commonly known as GPS, enabled farmers to make more informed decisions about where to plant seed and how much seed to plant. Precision agriculture technologies typically utilize sensors that are placed on tractors, combines, and other farm equipment, and which measure various conditions including seeding rates, soil conditions, and other indicators of production. Over time, this technology has been expanded …
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Charles Reich: Due Process In The Eye Of The Receiver, Harold Hongju Koh
Touro Law Review
No abstract provided.
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
The Methodology Of Social Adaptation Following The Liberation Of A Wrongful Conviction, Ashantwa Jackman
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Central Park Five As “Discrete And Insular” Minorities Under The Equal Protection Clause: The Evolution Of The Right To Counsel For Wrongfully Convicted Minors, Todd K. Beharry
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
From Political Hebraism And Jewish Law To The Comparative Paradigm, Amos Israel-Vleeschhouwer
Touro Law Review
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe
Georgia Journal of International & Comparative Law
No abstract provided.
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera
Pepperdine Law Review
No abstract provided.
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
Reading, Writing, And Radicalism: The Limits On Government Control Over Private Schooling In An Age Of Terrorism., Avigael N. Cymrot
St. Mary's Law Journal
There are constitutional limitations that govern attempts to regulate the teaching of terrorism-encouraging ideologies. According to a 1999-2000 study by the National Center of Education Statistics, there are 152 full-time Islamic schools in the United States, schooling about 19,000 students. The primary concern is not that children will be instructed to immediately engage in terrorist acts, but that the teaching of a radical Islamist ideology will predispose them to join radical Islamist terrorist movements and engage in violence. The Free Exercise Clause and parental rights doctrine, however, might not by themselves bar the state from interfering in private education to …
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas
San Diego Law Review
This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …
Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman
Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman
St. Mary's Law Journal
Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez
St. Mary's Law Journal
Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …
Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution., Albert H. Kauffman, Carmen Maria Rumbaut
Applying Edgewood V. Kirby To Analysis Of Fundamental Rights Under The Texas Constitution., Albert H. Kauffman, Carmen Maria Rumbaut
St. Mary's Law Journal
State constitutions are affirmative grants of power under which both stated and implied fundamental rights can be sought. A proposed test for fundamental rights under the Texas Constitution looks at three factors: the history of the topic within the Texas Constitution and case law; the actual language used in the controlling provision; and the importance of that value to the people of Texas. The declaration of a constitutional right as fundamental certainly has implications for future relationships between the people and the government.
The Edgewood v. Kirby case has the potential to change much in Texas. The case stands for …
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
New Jersey V. T.L.O.: The Supreme Court's Lesson On School Searches Symposium On Education Law., Gerald S. Reamey
St. Mary's Law Journal
Considerable disagreement persists as to the fourth amendment rights of students within schools. Particularly, this disagreement regards the extent to which fourth amendment rights possessed by students may frustrate reasonable attempts by educators to maintain the order necessary to preserve an educational environment. In New Jersey v. T.L.O., the Supreme Court considered an argument advanced by the State of New Jersey that the “pervasive supervision” of school children diminishes the legitimate expectation of privacy a child may have in property “unnecessarily” brought to school. The Court concluded that the necessity of maintaining security and order in the educational environment was …