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Full-Text Articles in Law

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Feb 2015

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Michael Heise

No abstract provided.


Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise Feb 2015

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Michael Heise

No abstract provided.


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Feb 2015

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Michael Heise

No abstract provided.


The Courts, Educational Policy, And Unintended Consequences, Michael Heise Feb 2015

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Michael Heise

Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …


No Lawsuit Left Behind, Michael Heise Feb 2015

No Lawsuit Left Behind, Michael Heise

Michael Heise

No abstract provided.


Banning Books In Public Schools: Board Of Education V. Pico, Kelly Bowers Feb 2013

Banning Books In Public Schools: Board Of Education V. Pico, Kelly Bowers

Pepperdine Law Review

In Island Trees Union Free School District v. Pico five members of the Supreme Court, in three separate opinions, held that the first amendment places some constraints on a school board's power to remove books from its school libraries. Although the opinions were couched in terms of preventing censorship, the effect of this decision was to create a right guaranteeing students access to books approved by the federal judiciary.


Leaps And Bounds, Nestor M. Davidson Jan 2010

Leaps And Bounds, Nestor M. Davidson

Michigan Law Review

Imagine how stunted our understanding of the federal government would be without any detailed scholarly examination of the U.S. Constitution itself. As remarkable as that sounds, that is essentially the problem that Gerald Frug and David Barron have set out to remedy for local governments in their superb City Bound. In the book, Frug and Barron take a comprehensive, empirical look at the legal frameworks under which cities and other local governments operate, providing an invaluable roadmap for understanding the hidden architecture of legal constraints that-largely without notice-are shaping America's urban future. Why this kind of analysis has rarely been …


The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise Jan 2007

The 2006 Winthrop And Frances Lane Lecture: The Unintended Legal And Policy Consequences Of The No Child Left Behind Act, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


No Lawsuit Left Behind, Michael Heise Jan 2006

No Lawsuit Left Behind, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


The Courts, Educational Policy, And Unintended Consequences, Michael Heise Jul 2002

The Courts, Educational Policy, And Unintended Consequences, Michael Heise

Cornell Law Faculty Publications

Recent school finance litigation illustrates yet again how law can generate unintended policy consequences. Seeking to improve student achievement and school accountability, more states now turn to educational standards and assessments. At the same time, a multi-decade school finance litigation effort develops and changes its theoretical base. Recently, educational standards and school finance litigation converged in a way that enables school districts to gain financially from their inability to meet desired achievement levels. Specifically, courts increasingly allow litigants and lawsuits to transform standards and assessments into constitutional entitlements to additional resources. As a consequence, increased legal and financial exposure for …


Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise Jan 1998

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise Jan 1993

An Empirical And Constitutional Analysis Of Racial Ceilings And Public Schools, Michael Heise

Cornell Law Faculty Publications

No abstract provided.


The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman Jan 1992

The Miner's Canary: Tribal Control Of American Indian Education And The First Amendment, John E. Silverman

Fordham Urban Law Journal

One legacy of America's mistreatment of its indigenous peoples has been an educational policy that has run roughshod over Native American Free Exercise rights. Today, American Indian tribes widely seek increased control over the education of their children. This position has received broad congressional and presidential support since the Nixon Administration, but more than twenty years later, Native Americans are still fighting to attain their goals. Federal statistics that rank American Indians as our least educated, most addicted, shortest-lived citizens suggest tremendous room for improvement in Indian education. Despite certain circuit court Free Exercise Clause decisions that unreasonably hold Indian …