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Full-Text Articles in Law and Society

Return Of The Campus Speech Wars, Thomas Healy Jan 2019

Return Of The Campus Speech Wars, Thomas Healy

Michigan Law Review

Review of Erwin Chemerinsky and Howard Gillman's Free Speech on Campus.


Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit Jan 2011

Profiting From Not For Profit: Toward Adequate Humanities Instruction In American K-12 Schools, Eli Savit

Michigan Law Review

Martha Nussbaum' describes Not For Profit: Why Democracy Needs the Humanities-her paean to a humanities-rich education-as a "manifesto, not an empirical study" (p. 121). Drawing on contemporary psychological research and classic pedagogical theories, Nussbaum convincingly argues that scholastic instruction in the humanities is a critical tool in shaping democratic citizens. Nussbaum shows how the study of subjects like literature, history, philosophy, and art helps students build essential democratic capacities like empathy and critical thought. Through myriad examples and anecdotes, Not For Profit sketches an appealing vision of what an ideal education should be in a democracy.


For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig May 2005

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …


Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud May 2000

Saying No To Stakeholding, Jeffrey S. Lehman, Deborah C. Malamud

Michigan Law Review

What if America were to make good on its promise of equal opportunity by [XXX]? That's the bold proposal set forth by Yale law professors Bruce Ackerman and Anne Alstott.... The quotation above is from the Yale University Press announcement describing Bruce Ackerman and Anne Alstott's new book, with one change: we have substituted "[XXX]" for the authors' catchphrase summary of their proposal. What do you think the missing words might be? How would you enable America "to make good on its promise of equal opportunity"? As you ponder that question, you might consider the following feature of the Ackerman/ …


Toil Of The Firestarters, Peter A. Alces May 1994

Toil Of The Firestarters, Peter A. Alces

Michigan Law Review

A Review of In the Company of Scholars: The Struggle for the Soul of Higher Education by Julius Getman


Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman Apr 1990

Social Irresponsibility, Actuarial Assumptions, And Wealth Redistribution: Lessons About Public Policy From A Prepaid Tuition Program, Jeffrey S. Lehman

Michigan Law Review

In this article, I shall try to illuminate the question of how governments, as opposed to private insurers, grapple with the problem of intergenerational social irresponsibility. I shall do so by analyzing and criticizing a single public program. That program, the Michigan Education Trust (MET), was the most widely publicized government action in the field of higher education finance during the 1980s. MET allows parents of young children to purchase contracts promising to cover the children's tuition at Michigan public colleges when they enroll up to eighteen years later.

In setting forth this case study, I also attempt to develop …


Democratic Education, Jonathan Marks May 1988

Democratic Education, Jonathan Marks

Michigan Law Review

A Review of Democratic Education by Amy Gutmann


The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor May 1988

The Closing Of The American Mind: How Higher Education Has Failed Democracy And Impoverished The Souls Of Today's Students, Maureen P. Taylor

Michigan Law Review

A Review of The Closing of the American Mind: How Higher Education Has Failed Democracy and Impoverished the Souls of Today's Students/em by Allan Bloom


When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia May 1987

When Honesty Is "Simply…Impractical" For The Supreme Court: How The Constitution Came To Require Busing For School Racial Balance, Lino A. Graglia

Michigan Law Review

A Review of Swann's Way: The School Busing Case and the Supreme Court by Bernard Schwartz


Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii Feb 1984

Education For Self-Government: Reassessing The Role Of The Public School In A Democracy, Charles R. Lawrence Iii

Michigan Law Review

A Review of Compelling Belief: The Culture of American Schooling by Stephen Arons


Public School Meltdown, Stephen Arons Mar 1981

Public School Meltdown, Stephen Arons

Michigan Law Review

A Review of Education by Choice: The Case for Family Control by John Coons and Stephen Sugarman


Black English And Equal Educational Opportunity, Michigan Law Review Dec 1980

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …


The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz Mar 1979

The Matrix Of Professionalization: Three Recent Interpretations, Alan Creutz

Michigan Law Review

A Review of The culture of Professionalism: The Middle Class and the Development of Higher Education in America by Buron J. Bledstein, and The Emergence of Professional Social Science: The American Social Science Association and the Nineteenth-Century Crisis of Authority by Thomas L. Haskell, and The Rise of Professionalism: A Sociological Analysis by Magali Sarfatti Larson


Education And The Law: State Interests And Individual Rights, Michigan Law Review Jun 1976

Education And The Law: State Interests And Individual Rights, Michigan Law Review

Michigan Law Review

No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …


Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review May 1973

Segregation Of Poor And Minority Children Into Classes For The Mentally Retarded By The Use Of Iq Tests*, Michigan Law Review

Michigan Law Review

This Comment deals with the inadequacies of IQ tests as devices for identifying those children who are to be relegated to classes for the mentally retarded and with the constitutional ramifications of these inadequacies. The present use of standardized tests may violate due process and equal protection guarantees. Additionally, certain procedural due process requirements, heretofore ignored in this context, may apply to the placement process.


Civilizing University Discipline, Paul D. Carrington Jan 1971

Civilizing University Discipline, Paul D. Carrington

Michigan Law Review

It is the purpose of this Article to suggest that the criminal model is not the only possible system of university discipline. There are alternatives to be found in the operation of the civil courts and other administrative agencies that have received little consideration. It is a common, but mistaken, assumption that the proper way to deal with offensive conduct is by means of social punishment. The unfortunate consequences of a general tendency of legislatures to "overcriminalize" have been noted elsewhere. The trend in university discipline may be regarded as a special application of that tendency, or, at least, as …


Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review Apr 1970

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …


Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed. Mar 1955

Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.

Michigan Law Review

Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …