Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Education (12)
- Education Law (7)
- School choice (7)
- First Amendment (4)
- Law and Society (4)
-
- Catholic schools (3)
- Charter schools (3)
- Civil Rights and Discrimination (3)
- Constitutional Law (3)
- Emprego (3)
- Felicidade (3)
- Law (3)
- Legislação laboral (3)
- Sociologia (3)
- Trabalho (3)
- Collective efficacy (2)
- Crime (2)
- Crise (2)
- Disability (2)
- Disability law (2)
- Discrimination (2)
- Establishment Clause (2)
- Free speech (2)
- Juveniles (2)
- Legal Analysis and Writing (2)
- Legal Education (2)
- Local government (2)
- Political Philosophy / Political Science (2)
- Race (2)
- Religion (2)
- Publication
-
- Paulo Ferreira da Cunha (6)
- Richard W Garnett (6)
- Nicole Stelle Garnett (5)
- Gerard V. Bradley (2)
- Jonathan C. Augustine (2)
-
- Margaret F Brinig (2)
- Richard J. Peltz-Steele (2)
- Anita Weinberg (1)
- Ayriel Bland (1)
- Barbara J. Fick (1)
- Bruce L. Beverly (1)
- Donn Short (1)
- Dylan Malagrinò (1)
- Edmund P. Edmonds (1)
- Eileen Kaufman (1)
- Erika K. Wilson (1)
- Erin Ryan (1)
- Jeffrey S. Thomas (1)
- John C. Eastman (1)
- Robert A. Garda (1)
- Robert L. Hayman (1)
- Robert Rodes (1)
- Vahagn Amirian (1)
Articles 1 - 30 of 41
Full-Text Articles in Law
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Robert Rodes
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Eileen Kaufman
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Edmund P. Edmonds
Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
Richard W Garnett
No abstract provided.
The Theology Of The Blaine Amendments, Richard W. Garnett
The Theology Of The Blaine Amendments, Richard W. Garnett
Richard W Garnett
The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom. First, the Article considers what might be called the federalism defense of the provisions. …
The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett
The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett
Richard W Garnett
No abstract provided.
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Richard W Garnett
No abstract provided.
Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall
Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall
Richard W Garnett
No abstract provided.
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Richard W Garnett
The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
Nicole Stelle Garnett
No abstract provided.
A Winn For Educational Pluralism, Nicole Stelle Garnett
A Winn For Educational Pluralism, Nicole Stelle Garnett
Nicole Stelle Garnett
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 …
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Nicole Stelle Garnett
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …
Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig
Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Margaret F Brinig
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley
An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerry Bradley
Gerard V. Bradley
No abstract provided.
Religion At A Public University, Gerard V. Bradley
Religion At A Public University, Gerard V. Bradley
Gerard V. Bradley
No abstract provided.
A Comprehensive Approach To Bridging The Gap Between Cyberbullying Rules And Regulations And The Protections Offered By The First Amendment For Off-Campus Student Speech, Vahagn Amirian
Vahagn Amirian
No abstract provided.
Towards A Theory Of Equitable Federated Regionalism In Public Education: Reversing The Role Of School District Boundary Lines In Dismantling Brown V. Board Of Education, Erika Wilson
Erika K. Wilson
School quality and resources vary dramatically across school district boundary lines. Students who live mere miles apart have access to vastly different and disparate educational opportunities based upon which side of a school district boundary line their home is located. Owing in large part to metropolitan fragmentation, most school districts and the larger localities in which they are situated, are segregated by race and class. Further, because of a strong ideological preference for localism in public education, local government law structures in most states do not require or even encourage collaboration between school districts in order to address disparities between …
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.
Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland
Article: No Child Left Behind: Why Race-Based Achievement Goals Violate The Equal Protection Clause, Ayriel Bland
Ayriel Bland
In 2002, No Child Left Behind (NCLB) was passed under President George W. Bush with the goal of increasing academic proficiency for all children in the United States by 2014. Yet, many states struggled to meet this goal and the Secretary of the U.S. Department of Education allowed states to apply for waivers and bypass the 2014 deadline. Some states implemented waivers though race-based achievement standards. For example, Florida in October 2012, established that by 2018, 74 percent of African American and 81 percent of Hispanic students had to be proficient in math and reading, in comparison to 88 percent …
Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg
Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg
Anita Weinberg
No abstract provided.
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
“Onde Está A Felicidade?", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
“Onde Está A Felicidade", Paulo Ferreira Da Cunha
“Onde Está A Felicidade", Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?
Dancing Around Equality: Public Schools And Prejudice At The Prom, Jeffrey S. Thomas
Dancing Around Equality: Public Schools And Prejudice At The Prom, Jeffrey S. Thomas
Jeffrey S. Thomas
No abstract provided.
Crime Virtuoso, Paulo Ferreira Da Cunha
Crime Virtuoso, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Neste artigo discute-se o que há de profundo e o que há de circunstancial na mania das fotocópias de livros e os problemas conexos da educação e da edição.