Law Commons^™

Getting To Yes: The Case Against Banning Consensual Relationships In Higher Education, Sherry Young

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus

UIC Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.

L'Affaire Des Foulards--Discrimination, Or The Price Of A Secular Public Education System?, Cynthia D. Baines

Vanderbilt Journal of Transnational Law

This Note examines the recent controversy over France's ban against "ostentatious" religious symbols in public schools. The only ostentatious symbol targeted by the French government, however, has been the head scarves worn by Muslim schoolgirls. The author explores the roots of the current ban by examining France's tradition of assimilation of immigrants and its constitutionally mandated secular public education system. The author also compares France's interests in prohibiting head scarves with the Muslim students' interests in practicing their religion. Finally, the author concludes that the French policy of banning head scarves from school is not only impractical, but likely a …

Due Process

Touro Law Review

No abstract provided.

John W. Davis And His Role In The Public School Segregation Cases - A Personal Memoir , Sydnor Thompson

Washington and Lee Law Review

No abstract provided.

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

Running The Gauntlet No More - Using Title Ix To End Student-To-Student Sexual Harassment, Verna L. Williams

Faculty Articles and Other Publications

Reports on the decision of the United States Supreme Court in Davis v. Monroe Board of Education which dealt with student-on-student sexual harassment.

When A Kiss Isn't Just A Kiss: Title Ix And Student-To-Student Harassment, Verna L. Williams

Faculty Articles and Other Publications

This article discusses peer hostile environment sexual harassment. It examines the circuit court caselaw on the issue and the legislative history of Title IX, provides an overview of the Supreme Court precedent interpreting Title IX, outlines the Department of Education’s interpretation of Title IX’s requirements concerning peer hostile environment sexual harassment, and discusses analogous legal principles underlying the analysis of student-to-student hostile environment sexual harassment.

Establishment Of Religion

Touro Law Review

No abstract provided.

Hopwood: Was This The African-American Nightmare Or The African-American Dream?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Education

Touro Law Review

No abstract provided.

Squaring Affirmative Action Admissions Policies With Federal Judicial Guidelines: A Model For The Twenty-First Century, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

This article will highlight the legal limitations law schools confront when adopting diversity admission policies in light of the new judicial climate that disfavors considering non-traditional race criteria in the admission decision process. Part I highlights the difficulty law schools face when trying to admit a fully diverse class under the traditional application process. Part II discusses the judicial response to voluntary diversity admission policies and other race-based preference policies and defines the appropriate standard for court review. Part III proposes a model diversity admission policy. Part IV analyzes this model policy under the Court's strict scrutiny test.

Law, Governance, And Academic And Disciplinary Decisions In Australian Universities: An American Perspective, Fernand N. Dutile

Journal Articles

On a bulletin board at the University of Queensland, in Brisbane, Australia appears the following warning to students: "Please don't cheat in your exams; Senate is not inclined to be merciful." The emphasis in this entreaty on the role of the University governing board reflects a major difference, although only one of them, between the American and Australian treatments of student shortcomings, academic or disciplinary.

This Article will discuss, from an American perspective, the law affecting decisions regarding academic and disciplinary matters in Australian universities. This discussion will address not only internal university governance, but also the impact of Constitutional, …

What Juvenile Court Abolitionists Can Learn From The Failures Of Sentencing Reform, David Yellen

Articles

No abstract provided.

The Latest Home Education Challenge: The Relationship Between Home Schools And Public Schools, Lisa Lukasik

Scholarly Works

No abstract provided.

Assessing The Efficacy Of School Desegregation, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.

Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman

Loyola University Chicago Law Journal

No abstract provided.

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

"Student-Initiated" Prayer: Assessing The Newest Initiatives To Return Prayer To The Public Schools, Jessica Smith

Campbell Law Review

Section I of this article discusses the impetus for the recent spate of "student-initiated" prayer statutes, guidelines, and policies. The discussion includes a summary of existing provisions as well as detailed accounts of the history and development of two "student-initiated" prayer efforts. These accounts, which chronicle the development of initiatives in Florida and Mississippi, expose the ruse of "student-initiated" prayer. The accounts demonstrate that regardless of how the initiatives were promoted or disguised, their true purpose was not to protect students' rights of free speech and free exercise but to promote prayer. Section II challenges the new initiatives on constitutional …

State V. Pendleton: Impermissible Delegations To Religious Institutions: Is Campbell University An Armed Church?, Stephen See

Campbell Law Review

This note will review the North Carolina Supreme Court's use and interpretation of Larkin and compare it with the interpretation of Larkin by other courts in cases that specifically follow Larkin.

Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt

Law Faculty Scholarly Articles

Scholars and academicians implicitly accept and subscribe to the notion that reasoned discourse supported by empirical data is at the core of the academic enterprise. Theoretically, then, organizational change within the academy ought to be attainable through the use of rational processes based upon the systematic collection, analysis, and interpretation of data to define the scope of the problem and to identify logical solutions. However, the centuries-long attempt to achieve gender equity for women in institutions of higher education belies the truth of that belief in the power of reason as a catalyst for reforming American higher education.

Beginning with …

God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer

UIC Law Review

No abstract provided.