A Winn For Educational Pluralism, 2011 Notre Dame Law School
A Winn For Educational Pluralism, Nicole Stelle Garnett
Journal Articles
This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …
How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, 2011 University of Colorado Law School
How Can The Rural Energy Poor Obtain Appropriate Sustainable Energy Technologies?, Michael Waggoner
Publications
Solutions to a current serious problem for the rural energy poor might best be found at least in part in older practices.
The problem comes from cooking over open fires, impairing the health of the cook and of others in her family, using fuel so inefficiently as to threaten forests, and releasing soot that contributes to global warming. Small, cheap, reliable cooking stoves could address these issues, improving health by reducing smoke and exhausting it through a chimney and thus away from the cook, using fuel more efficiently so that less needs to be gathered, and more completely burning the …
The Thirteenth Amendment And Interest Convergence, 2011 University of Pittsburgh School of Law
The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.
Articles
The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.
This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …
Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, 2011 University of Colorado Law School
Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton
Publications
Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, 2011 Cleveland State University
Anti-Cyber Bullying Statutes: Threat To Student Free Speech, John O. Hayward
Cleveland State Law Review
On October 17, 2006, Megan Meier, a thirteen-year-old girl in Dardenne Prairie, Missouri, who had been diagnosed with attention deficit disorder and depression, committed suicide because of postings on MySpace, an Internet social networking site, saying she was a bad person whom everyone hated and the world would be better off without. As a result, the state revised its harassment and stalking statutes to prohibit using electronic means to knowingly "frighten, intimidate, or cause emotional distress to another person."' At the time of this writing, twenty-one states have passed similar legislation with others sure to follow. Many of these statutes …
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, 2011 Cleveland State University
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
Aclu V. Miami-Dade County School Board: Reading Pico Imprecisely, Writing Undue Restrictions On Public School Library Books, And Adding To The Collection Of Students' First Amendment Right Violations, 2011 Villanova University Charles Widger School of Law
Aclu V. Miami-Dade County School Board: Reading Pico Imprecisely, Writing Undue Restrictions On Public School Library Books, And Adding To The Collection Of Students' First Amendment Right Violations, Katherine Fiore
Villanova Law Review
The article discusses the case, American Civil Liberties Union of Florida Inc. (ACLU) v. Miami-Dade County School Board. ACLU alleges that the Board violated the students' First Amendment Right of free access to ideas because it removed a library book based on personal biases. The author disputes the Eleventh Circuit's decision favoring the board with the Supreme Court's Pico standard requiring investigation of motives since the cited reason of educational unsuitability is deemed insufficient.
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, 2011 University of Miami School of Law
Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James
Articles
No abstract provided.
Education As A Counterterrorism Tool And The Curious Case Of The Texas School Book Resolution, 2011 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.
Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, 2011 Cleveland State University
Employment, Sexual Orientation And Religious Beliefs: Do Religious Educational Institutions Have A Protected Right To Discriminate In The Selection And Discharge Of Employees?, Ralph D. Mawdsley
Law Faculty Articles and Essays
The life blood of religious educational institutions is their doctrinal statements and codes of conduct that set standards for employee and student life. The purpose of this paper is to examine the freedom of religious educational institutions to make employment decisions related to three homosexuality related areas: sexual orientation, same-sex sexual activity outside marriage, and same-sex marriage. At the core of the discussion is the basic question whether religious educational institutions have a protected right to enforce doctrinal statements or codes of conduct addressing one or more of these areas.
This paper will examine legal issues related to the ability …
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", 2011 University of Washington School of Law
Foreword: Latcrit Theory, Narrative Tradition And Listening Intently For A "Still Small Voice", Mario L. Barnes
Articles
No abstract provided.
The Curious Life Of In Loco Parentis At American Universities, 2011 St. John's University School of Law
The Curious Life Of In Loco Parentis At American Universities, Philip Lee
Faculty Publications
In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.
Child, Please – Stop The Anti-Queer School Bullycides: A Modest Proposal To Hoist Social Conservatives By Their Own “God, Guns, And Gays” Petard, 2011 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 Learning Disability Mess, 2011 American University Washington College of Law
The Learning Disability Mess, Ruth Colker
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Unconscionable Amateurism: How The Ncaa Violates Antitrust By Forcing Athletes To Sign Away Their Image Rights, 44 J. Marshall L. Rev. 533 (2011), 2011 UIC School of Law
Unconscionable Amateurism: How The Ncaa Violates Antitrust By Forcing Athletes To Sign Away Their Image Rights, 44 J. Marshall L. Rev. 533 (2011), Brian Welch
UIC Law Review
No abstract provided.
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), 2011 UIC School of Law
School Discipline Of Cyber-Bullies: A Proposed Threshold That Respects Constitutional Rights, 45 J. Marshall L. Rev. 85 (2011), Laura Pavlik Raatjes
UIC Law Review
No abstract provided.
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, 2011 American University Washington College of Law
How Idea Fails Families Without Means: Causes And Corrections From The Frontlines Of Special Education, Elisa Hyman, Dean Hill Rivkin, Stephen A. Rosenbaum
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, 2011 American University Washington College of Law
Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Integrating Education Advocacy Into Child Welfare Practice: Working Models, 2011 American University Washington College of Law
Integrating Education Advocacy Into Child Welfare Practice: Working Models, Jennifer N. Rosen Valverde, Cara Chambers, Megan Blamble Dho, Regina Schaefer
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Empower Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, 2011 American University Washington College of Law
Empower Special Education Clients Through Cross-Disciplinary Collaboration: Lessons Learned For Current Clients And Future Professionals, Patricia E. Roberts, Kelly Whalon
American University Journal of Gender, Social Policy & the Law
No abstract provided.