Law Commons^™

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Popular Media

No abstract provided.

Corporal Punishment In Public Schools: Constitutional Challenge After Ingraham V. Wright, Charles L. Schlumberger

Vanderbilt Law Review

Corporal punishment has been employed to maintain discipline and order in American schools since the colonial period.' During that era, the practice was not restricted to the classroom: corporal punishment was the generally accepted mode of correction for practically every civil and criminal offense. Attitudes toward correction did not begin to change until after the American Revolution. Since then, corporal punishment has been steadily discarded as a method of correction in both prisons and the military. Despite discontinuance in these areas, corporal punishment remains a well-established facet of the American educational process. Only a few states and municipalities have legislative …

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

BYU Law Review

No abstract provided.

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

Columbus Board Of Education V. Penick, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Southeastern Community College V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Handicapped Child's Civil Right As It Relates To The "Least Restrictive Environment" And Appropriate Mainstreaming, Darvin L. Miller, Marilee A. Miller

Indiana Law Journal

No abstract provided.

Constitutional Law-Procedural Due Process-Student Has Right To Have Attorney Present At University Disciplinary Hearing When Criminal Charges Are Pending-Gabrilowitz V. Newman

BYU Law Review

No abstract provided.

The Importance Of Being Private: Judicial Intervention Into Dismissal Policies Of Private Colleges And Universities

Washington and Lee Law Review

No abstract provided.

Government Aid To Church-Related Education : An Alternative Rationale

BYU Law Review

No abstract provided.

A New Look For Public Education: The Proposed Revision Of Florida's Education Governance System, Patricia A. Draper

Florida State University Law Review

No abstract provided.

The Inheritance Of Economic Status - By John A. Brittain, Michael R. Olneck

Vanderbilt Law Review

The Inheritance of Economic Status - by John A. Brittain

In the- mid-1960's and in the early 1970's, research results appeared that challenged conventional liberal beliefs about the causes and consequences of poverty. In 1966 the federal government published Equality of Educational Opportunity, a report prepared by James Coleman and his associates.' The data used in the report contained the startling result that, with some exceptions, within regions, the provision of educational resources was substantially uniform across racial and socioeconomic groups. Moreover, the data showed that what measurable differences existed between the schools attended by disadvantaged and advantaged students did …

Civil Rights—Homosexual Teacher Dismissal: A Deviant Decision—Gaylord V. Tacoma School District No. 10, 88 Wn. 2d 286, 559 P.2d 1340, Cert. Denied, 98 S. Ct. 234 (1977), James H. Lowe

Washington Law Review

The facts culminating in James Gaylord's dismissal were undisputed. Gaylord had been a highly regarded public high school teacher for nearly twelve years when a student sought his counsel on several topics, including homosexuality. During their conversation the student formed the belief, not predicated upon any admission by Gaylord, that the teacher was homosexual. A year later he reported this belief to the vice-principal, who elicited Gaylord's confirmation of its accuracy. The school board promptly dismissed Gaylord on the ground of "immorality,"' because he had become a publicly known homosexual. There was no criticism of Gaylord's conduct toward any student …

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …

The First Amendment, High School Students, And The Possibility Of Psychological Harm: Trachtman V. Anker, Deborah F. Peters

Buffalo Law Review

No abstract provided.

School Integration Through Carrots, Not Sticks, Stephen D. Sugarman, Carol Abrams, John E. Coons

Stephen D Sugarman

No abstract provided.

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …

Ingraham V. Wright: Corporal Punishment In Schools Passes Constitutional Tests

Maryland Law Review

No abstract provided.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter

Research Collection Yong Pung How School Of Law

Since World War II, changes and developments in various policies of the American government have given rise to a vast array of complex regulations applicable to institutions of higher learning that receive federal financial support.' Before World War II the federal government was not wholly divorced from matters of higher education, but financial support came principally from state or local governments and from private sources. The shift to a more active federal role has profoundly affected the nation's private colleges and universities.' While state schools have always had a close relationship with their supporting governments, the increased federal role has …

Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer

Scholarly Works

No abstract provided.

What Bakke Leaves To The States: Preliminary Thoughts, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Regulation Of Fundamentalist Christian Schools: Free Exercise Of Religion V. The State's Interest In Quality Education, Michael D. Baker

Kentucky Law Journal

No abstract provided.

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

Journal Articles

The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …