Education Law Commons^™

Palavras Claras, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Cuidemos das palavras. É tão fácil identificar um novo-rico cultural ou um tecnocrata vazio pela linguagem de plástico... Essa linguagem (voltei a ver agora numa releitura de António Telmo, mas já está em Confúcio), molda mesmo a mente. Quem assim fala, assim pensa. É critério infalível.

Lições Do Kiwi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Nenhum desafio, nem mesmo o do sabor de um fruto descrito por palavras, pode ficar sem resposta – ainda que aproximativa; a ausência de convenções sobre o como fazer não deve paralisar quem quer fazer; a analogia com o fazer outras coisas pode servir de inspiração; mas não se pode fazer algo de novo, ou face a coisas novas meramente repetindo o antigo – é preciso alguma inovação, ainda que na reunião dos meios; finalmente, cada coisa, cada desafio novo, cada nova tarefa, convoca instrumentos adequados, e não outros.

The Supreme Court And The Pledge Of Allegiance: A Hollow Victory, Charles J. Russo, Ralph D. Mawdsley

CASAL Faculty Publications

In Elk Grove Unified School District v Newdow (Elk Grove)

the Supreme Court, in an 8–0 judgment, with three concurrences, upheld the words ‘under God’ in the Pledge of Allegiance. In light of the uproar caused by Elk Grove, this article is divided into three parts. After reviewing the history of the Pledge the second section examines the litigation involving the pledge, including Elk Grove in this regard. The article concludes with brief reflections on the meaning of Elk Grove.

República E Monarquia: Desfazendo Confusões, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Há pelo menos três sentidos essencias da palavra República... Se os confundirmos, estamos perdidos, nunca nos entenderemos. O sentido mais profícuo é o material ou substancial e intermédio: nem o que diz que todas as sociedades políticas o são (sentido hoje quase esquecido), nem o que identifica formalmente as repúblicas com todas as sociedades que não têm rei, sem lhes verificar requisitos éticos. Há um "quid" especial nas Repúblicas para quem é republicano. E que não tem nada a ver com o que nelas vêem os monárquicos ou os indiferentes (?)...

Preschooler Ii V. Clark County School Board Of Trustees: A Closer Look At Application Of Qualified Immunity In Public School Districts, Rachael Crim

Golden Gate University Law Review

During the 2002-2003 school year, the mother of a pre-school aged, non-verbal, autistic child became concerned when her child came home with unexplained bruises and began exhibiting violent behavior. The mother brought an action on behalf of herself and her child seeking relief under the Individuals with Disabilities Act ("IDEA"), Americans with Disabilities Act, and claimed constitutional violations under Section 1983. In Preschooler II v. Clark County School Board of Trustees, the United States Court of Appeals for the Ninth Circuit held: 1) teacher's alleged conduct in beating, slapping, and head-slamming child violated Fourth Amendment rights for purposes of a …

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

Derek W. Black

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

Derek W. Black

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith

Golden Gate University Law Review

The Ninth Circuit reaffirmed in Fields v. Palmdale School District that the constitutional "due process right of parents to make decisions regarding their children's education does not" authorize "individual parents to enjoin school boards from providing information" deemed appropriate in the performance of their educational function. The court further held that the parental right of privacy over the upbringing of children does not entitle parents to prohibit public schools from providing curricula about sex which the schools' boards deem educationally appropriate.

Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia

Golden Gate University Law Review

This Comment analyzes the Development Relief and Education for Alien Minors ("DREAM") Act, which is proposed legislation that provides undocumented immigrant youth an opportunity to achieve higher education and legal status. Part I of this Comment describes the legislative history, specific provisions, and need for the DREAM Act. Part II demonstrates how state laws are insufficient to overcome some of the barriers that undocumented youth face in attempting to achieve higher education, and how the DREAM Act will help overcome those barriers. Part III of this Comment recommends that Congress should seriously consider the Convention on the Rights of the …

"No Child Left Behind" In Need Of A New "Idea": A Flexible Approach To Alternate Assessment Requirements, Erin G. Frazor

Golden Gate University Law Review

This Comment explores many constitutional issues raised by recent federal assessment policies regarding students with disabilities. Part I summarizes the federal statutory scheme for funding and thereby regulating both public education and the assessment of students with disabilities. Part II discusses federal policy changes to assessment standards and the ambiguity these changes present. Part Ill examines potential constitutional issues raised by evolving federal assessment requirements under both spending power and federal coercion theories. Part IV proposes that states be relieved from traditional penalties for noncompliance to avoid any constitutional violation and to promote states as laboratories of ideas to meet …

The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo

Journal of Race, Gender, and Ethnicity

No abstract provided.

The Devil Is In The Lack Of Details, Ann M. Killenbeck

Indiana Law Journal

No abstract provided.

On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser

Indiana Law Journal

No abstract provided.

Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt

Indiana Law Journal

No abstract provided.

The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings

Indiana Law Journal

No abstract provided.

Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen

Indiana Law Journal

No abstract provided.

Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee

Indiana Law Journal

No abstract provided.

Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd

Indiana Law Journal

No abstract provided.

Perspective And Point Of View On Affirmative Action, Kevin D. Brown

Indiana Law Journal

No abstract provided.

The State-In-Society Approach To Democratization With Examples From Japan, Mary Alice Haddad

Mary Alice Haddad

How does an undemocratic country create democratic institutions and transform its polity in such a way that democratic values and practices become integral parts of its political culture? This article uses the case of Japan to advocate for a new theoretical approach to the study of democratization. In particular, it examines how theoretical models based on the European and North American experiences have difficulty explaining the process of democratization in Japan, and argues that a state-in-society approach is better suited to explaining the democratization process diverse cultural contexts. Taking a bottom-up view of recent developments in Japanese civil society through …