Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3200 Full-Text Articles 2223 Authors 862971 Downloads 129 Institutions

All Articles in Education Law

Faceted Search

3200 full-text articles. Page 1 of 72.

Should The State Aid Private Schools?, Robert F. Drinan, S.J. 2016 St. John's University School of Law

Should The State Aid Private Schools?, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello 2016 University of Miami Law School

The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello

University of Miami Business Law Review

No abstract provided.


Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon 2016 University of Miami Law School

Getting Real About Race And Class: An Evaluation Of The Constitutionality Of Class-Based, Socioeconomic Affirmative Action Without Grutter, Junis L. Baldon

University of Miami Business Law Review

No abstract provided.


It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell 2016 University of Miami Law School

It’S Not About Race: The True Purpose Of The University Of Texas’ Holistic Admissions System Is To Give Preferences To Well-Connected White Applicants, Not To Disadvantaged Minorities, Jonathan R. Zell

University of Miami Business Law Review

No abstract provided.


Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber 2016 University of Miami Law School

Fisher V. University Of Texas At Austin: The Incoherence And Unseemliness Of State Racial Classification, Jay Alan Sekulow, Walter M. Weber

University of Miami Business Law Review

No abstract provided.


Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr. 2016 University of Miami Law School

Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.

University of Miami Business Law Review

No abstract provided.


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant 2016 University of Miami Law School

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

University of Miami Business Law Review

No abstract provided.


A Global Perspective On Freedom In Education Through The Eyes Of The Homeschool Movement, Michael P. Donnelly Esq. 2016 University of St. Thomas, Minnesota

A Global Perspective On Freedom In Education Through The Eyes Of The Homeschool Movement, Michael P. Donnelly Esq.

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Mom Likes You Best: Do Homeschool Parents Discriminate Against Their Daughters, Dick M. Carpenter II 2016 University of St. Thomas, Minnesota

Mom Likes You Best: Do Homeschool Parents Discriminate Against Their Daughters, Dick M. Carpenter Ii

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


The Changing Conversation Around Homeschooling: An Argument For More Data And Less Ideology, Mary Rice Hasson 2016 University of St. Thomas, Minnesota

The Changing Conversation Around Homeschooling: An Argument For More Data And Less Ideology, Mary Rice Hasson

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Orphans, Baby Blaines, And The Brave New World Of State Funded Education: Why Nevada's New Voucher Program Should Be Upheld Under Both State And Federal Law, David Wilhelmsen 2016 Notre Dame Law School

Orphans, Baby Blaines, And The Brave New World Of State Funded Education: Why Nevada's New Voucher Program Should Be Upheld Under Both State And Federal Law, David Wilhelmsen

Journal of Legislation

No abstract provided.


The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School of Law 2016 Roger Williams University

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries 2016 University of Kentucky College of Law

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Scott R. Bauries

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article ...


State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries 2016 University of Kentucky College of Law

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Scott R. Bauries

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights ...


Foreword: Rights, Remedies, And Rose, Scott R. Bauries 2016 University of Kentucky College of Law

Foreword: Rights, Remedies, And Rose, Scott R. Bauries

Scott R. Bauries

In this Foreword to the University of Kentucky’s “Rose at 20” Special Feature, I seek to introduce the three featured articles, as well as to identify two major paradigm shifts in school finance litigation that grew out of the Kentucky Supreme Court’s decision in Rose v. Council for Better Education. The Rose decision is commonly thought of as a bridge between prior education litigation strategies founded primarily on theories of equity or equality and subsequent litigation strategies founded primarily on theories of adequacy. Although the distinction between these two strategies is well-worn, it obscures two important changes to ...


Caso. Falso Operativo En La Javeriana, Daniel Fernando Gomez Tamayo 2016 Selected Works

Caso. Falso Operativo En La Javeriana, Daniel Fernando Gomez Tamayo

Daniel Fernando Gómez Tamayo

¿Pueden los funcionarios de la embajada americana , Holanda y funcionarios públicos perturbar las clases de derecho de los negocios?    


Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker 2016 Nevada Law Journal

Nevada's Education Savings Accounts: A Constitutional Analysis, Thomas W. Stewart, Brittany Walker

Nevada Supreme Court Summaries

This piece will analyze potential conflicts between Senate Bill 302 and Article XI of the Nevada Constitution to explore the constitutionality of educational savings accounts.


Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda 2016 St. John's University School of Law

Realism, Freedom, And The Integral Development Of The Human Person: A Catholic View Of Education, Michael Scaperlanda

Journal of Catholic Legal Studies

No abstract provided.


Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky 2016 Associate Justice of the New Hampshire Superior Court from 2001-2013; Chair of New Hampshire's State Board of Education from 1997 to 2001

Claremont I And Ii - Were They Rightly Decided, And Where Have They Left Us?, John M. Lewis, Stephen E. Borofsky

University of New Hampshire Law Review

[Excerpt] “Our children embody the enduring wonder of life. They hold our hopes for the future. We want them to be happy, to succeed in whatever they do both in work and in play. We want them to contribute to our country and the world in constructive ways. But for these hopes to be realized our children must be educated-they must possess the requisite skills and knowledge to function well in this ever changing world. Yet, are we, as a society, meeting our responsibility to educate our children? What do we expect of our public schools? How important are these ...


Taking Teacher Quality Seriously, Derek W. Black 2016 College of William & Mary Law School

Taking Teacher Quality Seriously, Derek W. Black

William & Mary Law Review

Although access to quality teachers is one of the most important aspects of a quality education, explicit concern with teacher quality has been conspicuously absent from past litigation over the right to education. Instead, past litigation has focused almost exclusively on funding. Though that litigation has narrowed gross fundinggaps between schools in many states, it has not changed what matters most: access to quality teachers.

This Article proposes a break from the traditional approach to litigating the constitutional right to education. Rather than constitutionalizing adequate or equal funding, courts should constitutionalize quality teaching. The recent success of the constitutional challenge ...


Digital Commons powered by bepress