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Full-Text Articles in Law

Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson Jan 2018

Taxpayers For Public Education V. Douglas County School District: The School Choice Movement Soldiers On, Bryce Carlson

University of Colorado Law Review

For nearly a decade, the school choice movement in Colorado has hung in the balance as the fate of the Douglas County School District Choice Scholarship Program worked its way through the courts, even reaching the United States Supreme Court in the process. The main issue at stake was whether Article IX, § 7 of the Colorado Constitution, which prevents public institutions from making any appropriation to a "church or sectarian society," barred students from using a school district scholarship to attend a private religiously affiliated school.

The Colorado Supreme Court in 2015 ruled that the Choice Scholarship Program indeed …


From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart Jan 2015

From Access To Success: Affirmative Action Outcomes In A Class-Based System, Matthew N. Gaertner, Melissa Hart

University of Colorado Law Review

Scholarly discussion about affirmative action policy has been dominated in the past ten years by debates over "mismatch theory'"--the claim that race-conscious affirmative action harms those it is intended to help by placing students who receive preferences among academically superior peers in environments where they will be overmatched and unable to compete. Despite serious empirical and theoretical challenges to this claim in academic circles, mismatch has become widely accepted outside those circles, so much so that the theory played prominently in Justice Clarence Thomas's concurring opinion in Fisher v. University of Texas. This Article explores whether mismatch occurs in the …


Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin Jan 2014

Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin

University of Colorado Law Review

In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …


"Of Greater Value Than The Gold Of Our Mountains": The Right To Education In Colorado's Nineteenth- Century Constitution, Tom I. Romero, Ii Jan 2012

"Of Greater Value Than The Gold Of Our Mountains": The Right To Education In Colorado's Nineteenth- Century Constitution, Tom I. Romero, Ii

University of Colorado Law Review

As the contemporary battle for educational opportunity has moved to state courts, the education clauses of a state's constitution have played prominent roles in the litigation. Of particular concern has been the role that history should play in interpreting the scope and meaning of various provisions of a clause. This Article advances this debate by examining the development of article IX (the education clause) in Colorado's 1876 "Centennial" Constitution. The Article first details the efforts to provide free public education in the United States in the decades leading to the drafting of the Colorado state constitution in 1876. Colorado, as …


Academic Freedom, Larry Alexander Jan 2006

Academic Freedom, Larry Alexander

University of Colorado Law Review

No abstract provided.


Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen Jan 2006

Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen

University of Colorado Law Review

No abstract provided.


Three Versions Of Nonsense, Paul Campos Jan 2006

Three Versions Of Nonsense, Paul Campos

University of Colorado Law Review

No abstract provided.


Is There A Right To Academic Freedom?, Frederick Schauer Jan 2006

Is There A Right To Academic Freedom?, Frederick Schauer

University of Colorado Law Review

No abstract provided.


Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne Jan 2006

Constitutional Academic Freedom After Grutter: Getting Real About The "Four Freedoms" Of A University, J. Peter Byrne

University of Colorado Law Review

No abstract provided.


Bias, "Balance," And Beyond: New Threats To Academic Freedom, Robert M. O'Neil Jan 2006

Bias, "Balance," And Beyond: New Threats To Academic Freedom, Robert M. O'Neil

University of Colorado Law Review

No abstract provided.


In Memoriam: Professor Edward J. Gac, Norton L. Steuben, Michael J. Waggoner, Wayne M. Gazur, Susan Morley, John T. (Jay) Ballantine Jan 2006

In Memoriam: Professor Edward J. Gac, Norton L. Steuben, Michael J. Waggoner, Wayne M. Gazur, Susan Morley, John T. (Jay) Ballantine

University of Colorado Law Review

No abstract provided.


Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case Jan 2005

Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case

University of Colorado Law Review

No abstract provided.


The Academic-Industrial Complex: A Warning To Universities, James Stuart Jan 2004

The Academic-Industrial Complex: A Warning To Universities, James Stuart

University of Colorado Law Review

No abstract provided.