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Articles 1 - 14 of 14
Full-Text Articles in Law
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh Spitzer, Andy Omara
Georgia Journal of International & Comparative Law
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli
Georgia Journal of International & Comparative Law
No abstract provided.
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
Journal of Intellectual Property Law
No abstract provided.
The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
The Right To An Exclusively Religious Education--The Ultra-Orthodox Community In Israel In Comparative Perspective, Gila Stopler
Georgia Journal of International & Comparative Law
No abstract provided.
Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr.
Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Georgia Journal of International & Comparative Law
No abstract provided.
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Georgia Journal of International & Comparative Law
No abstract provided.
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
Georgia Journal of International & Comparative Law
No abstract provided.
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
A Common Law Constitutionalism For The Right To Education, Scott R. Bauries
Georgia Law Review
This Article makes two claims, one descriptive and the other normative. The descriptive claim is that individual rights to education have not been realized under state constitutions because the currently dominant structure of education reform litigation prevents such realization. In state constitutional education clause claims, both pleadings and adjudication generally focus on the equality or adequacy of the system as a whole, rather than on any particular student's educational resources or attainment. The Article traces the roots of the currently dominant systemic approach, and finds these roots in federal institutional reform litigation. This systemic focus leads to a systemic, rather …
The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks
Georgia Law Review
When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …
On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson
On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson
Georgia Law Review
Nowhere is the inadequacy of American public
education more striking than in high-poverty, urban
schools populated by disadvantaged minority students.
Despite decades of legal, policy, and scholarly efforts
aimed at addressing the challenges facing these schools,
the academic prospects of poor students are currently as
grim as they have been in recent memory. Reformers
seeking to address this problem have largely focused on
transforming public education from within by focusing on
school conditions or teacher performance. These efforts
have largely failed to bring about real progress: despite
decades of litigation and reform, our nation's most
disadvantaged children continue to lack …
((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson
((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson
Georgia Law Review
This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black
Georgia Law Review
During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …