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Recent Articles in Education Law

An Exploratory Analysis Of Affirmative Action In Admission Processes, Whitney Austin Kennesaw State University

An Exploratory Analysis Of Affirmative Action In Admission Processes, Whitney Austin

Dissertations, Theses and Capstone Projects

This paper looks at the current case of Fisher v. University of Texas at Austin in conjunction with previous affirmative action cases. I question what the Court’s decision for the Fisher case will be and what this means for future affirmative action policies in higher education. I pose the question: Is affirmative action still needed today? I use court documents from the current Fisher case and literature on previous cases to help answer this question.

I discussed the Court Justices upbringing and how these will affect their decisions in this case. I examined previous affirmative action cases that some ...


Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber University of Maryland Francis King Carey School of Law

Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, Diane Webber

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff University of Maryland Francis King Carey School of Law

Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, David Groshoff

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Inadequacy Of Adequacy Guarantees: A Historical Commentary On State Constitutional Provisions That Are The Basis For School Finance Litigation, Joseph P. Viteritti University of Maryland Francis King Carey School of Law

The Inadequacy Of Adequacy Guarantees: A Historical Commentary On State Constitutional Provisions That Are The Basis For School Finance Litigation, Joseph P. Viteritti

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm University of Maryland Francis King Carey School of Law

Heeding The Cry For Help: Addressing Lgbt Bullying As A Public Health Issue Through Law And Policy, Christina Meneses, Nicole Grimm

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler University of Maryland Francis King Carey School of Law

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Sanctity Of Conscience In An Age Of School Choice: Grounds For Skepticism, Robert K. Vischer University of Maryland Francis King Carey School of Law

The Sanctity Of Conscience In An Age Of School Choice: Grounds For Skepticism, Robert K. Vischer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas University of Maryland Francis King Carey School of Law

Latino Educational Neglect: The Result Bespeaks Discrimination, Lupe S. Salinas

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris University of Maryland Francis King Carey School of Law

Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. MacIntyre Seattle University School of Law

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court ...


The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow NELLCO

The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow

New York University Public Law and Legal Theory Working Papers

Common wisdom has it that there is no federal constitutional right to an education; indeed, under our charter of negative liberties the common understanding is that there are no positive rights at all. This Article challenges common wisdom, arguing that there is in fact a federal constitutional right to a minimally adequate education. In doing so it calls into question the value of long-standing debates about the proper way to interpret the Constitution and suggests an alternative—not a new one, but a time-honored methodology. While theoretical battles about interpretation rage, judges (on both the right and left) continue to ...


Risk-Based Student Loans , Michael Simkovic Washington & Lee University School of Law

Risk-Based Student Loans , Michael Simkovic

Washington and Lee Law Review

No abstract provided.


The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen Pepperdine University

The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen

Pepperdine Law Review

No abstract provided.


Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan Pepperdine University

Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan

Pepperdine Law Review

No abstract provided.


To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West Pepperdine University

To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West

Pepperdine Law Review

No abstract provided.


Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey Pepperdine University

Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey

Pepperdine Law Review

No abstract provided.


Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied Pepperdine University

Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied

Pepperdine Law Review

No abstract provided.


A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena Seton Hall Law

A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena

Student Scholarship

No abstract provided.


How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman NELLCO

How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman

New York University Public Law and Legal Theory Working Papers

For the last thirty years, debates about interpretive methodology have preoccupied academics to the detriment of substantive discussions about constitutional meaning. Scholars have spent all their time talking about talking about the Constitution, rather than just talking about the Constitution. The publication of Jack Balkin’s book Living Originalism provides an auspicious moment to urge abandoning the first project in favor of the second. For all their intensity, debates about constitutional interpretive methodology have had meager payoff. Judges continue to interpret using a familiar collection of sources, which scholars should tap in greater detail in order to consider new constitutional ...


The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt University of Nebraska - Lincoln

The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt

Educational Administration: Theses, Dissertations, and Student Research

The purpose of this historical study was to establish the purposes and intent of the common levy in Nebraska’s learning community. The development of this unique regional educational structure consisting of eleven school districts in the Omaha, Nebraska metropolitan area is central to the study. The research detailed the context of the decisions made by the Nebraska Legislature to establish and implement the learning community law from 2005 and 2012. Specifically, the study focused on the establishment of a regional tax base, the common levy, as a response to boundary and finance instability that persisted in the Omaha area ...