Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy,
2015
Cornell Law School
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Michael Heise
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …
Religion, School, And Judicial Decision Making: An Empirical Perspective,
2015
Cornell Law School
Religion, School, And Judicial Decision Making: An Empirical Perspective, Michael Heise, Gregory C. Sisk
Michael Heise
We analyze various influences on judicial outcomes favoring religion in cases involving elementary and secondary schools and decided by lower federal courts. A focus on religion in the school context is warranted as the most difficult and penetrating questions about the proper relationship between Church and State have arisen with special frequency, controversy, and fervor in the often-charged atmosphere of education. Schools and the Religion Clauses collide persistently, and litigation frames many of these collisions. Also, the frequency and magnitude of these legal collisions increase as various policy initiatives increasingly seek to leverage private and religious schools in the service …
Assessing The Efficacy Of School Desegregation,
2015
Cornell Law School
Assessing The Efficacy Of School Desegregation, Michael Heise
Michael Heise
No abstract provided.
Are Single-Sex Schools Inherently Unequal?,
2015
Cornell Law School
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Michael Heise
No abstract provided.
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions,
2015
University of St. Thomas School of Law (Minnesota)
Searching For The Soul Of Judicial Decisionmaking: An Empirical Study Of Religious Freedom Decisions, Gregory C. Sisk, Michael Heise, Andrew P. Morriss
Michael Heise
During the past half century, constitutional theories of religious freedom have been in a state of great controversy, perpetual transformation, and consequent uncertainty. Given the vitality of religious faith for most Americans and the vigor of the enduring debate on the proper role of religious belief and practice in public society, a searching exploration of the influences upon judges in making decisions that uphold or reject claims implicating religious freedom is long overdue. Many thoughtful contributions have been to the debate about whether judges should allow their religious beliefs to surface in the exercise of their judicial role. Yet much …
No Lawsuit Left Behind,
2015
Cornell Law School
Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle,
2015
Cornell Law School
Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise
Michael Heise
Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation. This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.
Litigated Learning, Law's Limits, And Urban School Reform Challenges,
2015
Cornell Law School
Litigated Learning, Law's Limits, And Urban School Reform Challenges, Michael Heise
Michael Heise
This Article assesses the likely efficacy of litigation efforts seeking to enhance equal educational opportunity by improving student academic achievement in the nation's urban public schools. Past education reform litigation efforts focusing on school desegregation and finance met with mixed success. Current litigation efforts seeking to improve student academic achievement promise to be even less successful because student academic achievement involves variables and activities located further from the reach of litigation than such variables as a school's racial composition and per pupil spending levels. Moreover, efforts to improve student achievement in the nation's urban public schools--especially high poverty schools--face additional …
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis,
2015
Cornell Law School
State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise
Michael Heise
No abstract provided.
Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case,
2015
Roger Williams University School of Law
Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack
Law School Blogs
No abstract provided.
Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer,
2015
Denver University, Sturm College of Law
Lyman Trumbull: Author Of The Thirteenth Amendment, Author Of The Civil Rights Act, And The First Second Amendment Lawyer, David B. Kopel
David B Kopel
Illinois Senator Lyman Trumbull is not well-known today, but he is one of the "Founding Sons" who transformed the nation and the Constitution before, during, and after the Civil War. He wrote the Thirteenth Amendment, the first Freedmen's Bureau Bill, and the Civil Rights Act. He sponsored the first federal statutes which actually freed slaves. As Chair of the Senate Judiciary Committee and later as a civil rights attorney, he did more to protect Second Amendment rights--including taking a test case to the U.S. Supreme Court (Presser v. Illinois)--than did any other lawyer or legislator in the century after Jefferson …
February 24, 2015: Transformed Without God,
2015
Duquesne University
February 24, 2015: Transformed Without God, Bruce Ledewitz
Hallowed Secularism
Blog post, “Transformed Without God“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
A Response,
2015
Osgoode Hall Law School of York University
A Response, Fay Faraday, Eric Tucker
Eric M. Tucker
Faraday and Tucker respond to criticism about their work Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (2012).
Crafting A Constitutional Marijuana Tax,
2015
United States Federal Courts
Crafting A Constitutional Marijuana Tax, Nima H. Mohebbi
Nima H. Mohebbi
Marijuana legalization and decriminalization have become important policy issues. Twenty-three states have partially legalized marijuana (generally for medicinal purposes), and four – Alaska, Colorado, Oregon, and Washington – have legalized it for general adult recreational use. Given the likely hyper-growth of the cannabis market due to widespread legalization, states might enjoy budgetary windfalls from collecting marijuana taxes. Marijuana, however, remains a federally controlled substance, the sale or use of which is subject to substantial penalties. For the states, this presents a potential problem in collecting marijuana excise taxes. If an individual user in a state where marijuana is legal pays …
Prerogative, Nationalized: The Social Formation Of Intellectual Property,
2015
SUNY Buffalo Law School
Prerogative, Nationalized: The Social Formation Of Intellectual Property, Laura R. Ford
Laura R Ford
In this article, I offer a “social formation story” (Hirschman & Reed) of the emergence of intellectual property, as a new type of legal property in England. I treat the history of patents and copyrights together, and focus especially on the Constitutional transformations of the Sixteenth and Seventeenth Centuries that enabled this new, “intellectual” form of property to finally emerge in the Eighteenth Century. I open and conclude with the cases of Millar v. Taylor (King’s Bench 1769) and Donaldson v. Becket (House of Lords 1774), viewing these as the first cases in which the status of this new type …
Under The Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does A Dismissal Count As A Strike: Coleman V. Tollefson (13-1333),
2015
Benjamin N. Cardozo School of Law
Under The Prison Litigation Reform Act's So-Called Three Strikes Provision, When Does A Dismissal Count As A Strike: Coleman V. Tollefson (13-1333), Betsy Ginsberg
Articles
The Prison Litigation Reform Act of 1996 amended the federal in forma pauperis statute to include, among other provisions, what has become known as the “three strikes provision.” Under this provision, prisoners who have accumulated three strikes—three dismissals of cases that were frivolous, malicious, or failed to state a claim—are no longer permitted to proceed in forma pauperis unless they can show immediate danger of serious physical injury. This case asks the Court to determine whether a dismissal by the district court immediately counts as a strike or whether it does not count until any appeal of the dismissal has …
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools,
2015
Cleveland State University
Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo
Charles J. Russo
Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …
Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech,
2015
Cleveland State University
Hostility Toward Religion And The Rise And Decline Of Constitutionally Protected Religious Speech, Ralph Mawdsley, Charles Russo
Charles J. Russo
No abstract provided.
Gingles Versus Shaw: Why The Sweet Spot Between Thornburg V. Gingles And Shaw V. Reno Calls For An Amended § 2,
2015
Pepperdine University
Gingles Versus Shaw: Why The Sweet Spot Between Thornburg V. Gingles And Shaw V. Reno Calls For An Amended § 2, Timothy L. O'Hair
Timothy L. O'Hair
Minority voter enfranchisement, and the related issue of minority voter dilution, has been a back and forth issue since the Reconstruction Era—the Fifteenth Amendment was countered by the Jim Crow laws, which were countered by the Voting Rights Act, and so on (this paper goes in depth regarding this seesaw history). After the 1982 Amendments to the VRA, the holding in Thornburg v. Gingles articulated a threshold to ensure minority groups receive a majority-minority district when the group is sufficiently large and compact and politically cohesive. Shaw v. Reno frustrated this by enabling an Equal Protection claim for the majority …
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation,
2015
the john marshall law school
Law, Fugitive Capital, And Karl Polanyi's The Great Transformation, Walter J. Kendall Lll
Walter J. Kendall lll
No abstract provided.
