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Education Law

1999

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Full-Text Articles in Law

A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott Dec 1999

A Commerce Clause Challenge To New York's Tax Deduction For Investment In Its Own Tuition Savings Program, Amy Remus Scott

University of Michigan Journal of Law Reform

The Internal Revenue Code provides guidelines for states to create and maintain college tuition savings programs which offer federal tax benefits to investors. Several states have enacted tuition savings plans in accordance with these guidelines. In addition to the federal tax benefits allowed, New York offers a state tax deduction to New York residents who invest in its plan, the New York College Choice Tuition Savings Program. New York does not offer the deduction, however, to residents who invest in comparable programs offered by other states. The tax deduction thus creates an incentive for residents to invest in the in-state …


Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien Dec 1999

Discriminatory Effects: Desegregation Litigation In Higher Education In Georgia, Molly O'Brien

William & Mary Bill of Rights Journal

While no one can deny the importance of desegregating all educational institutions over the past half-century, one of the unexpected consequences of the movement has been to make uncertain the legality of historically black public colleges. This uncertainty has created an opportunity for those who oppose historically black colleges, for whatever reason, to bring suit against them and potentially close their doors for not enrolling a student body that represents the racial make-up of the state. Professor O'Brien explores this issue in her Article by chronicling the progress of higher education in Georgia, from the establishment of a dual system, …


The Influence Of Race In School Finance Reform, James E. Ryan Nov 1999

The Influence Of Race In School Finance Reform, James E. Ryan

Michigan Law Review

It would be an exaggeration to say that school finance reform is all about race, but largely in the same way that it is an exaggeration to say that welfare reform is all about race. Like welfare reform, the controversy generated by school finance litigation and reform has, on the surface, little to do with race. Battles over school funding, which have been waged in nearly forty state supreme courts and at least as many state legislatures, instead appear to be over such issues as the redistribution of resources, retaining local control over education, and the efficacy of increased expenditures. …


The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh Oct 1999

The Education Of Religious Children: Families, Communities And Constitutions, Shauna Van Praagh

Buffalo Law Review

No abstract provided.


Class War: Ontario Teachers And The Courts, Harry J. Glasbeek Oct 1999

Class War: Ontario Teachers And The Courts, Harry J. Glasbeek

Osgoode Hall Law Journal

In 1997, the government of Ontario met with unexpected opposition to its changes to the education system with the introduction of Bill 160, the Education Quality Improvement Act, culminating in a province-wide strike by teachers. In reaction, the government sought to divert the conflict into the courts. Although the teachers were initially successful in court, the strike was not, and many of the strikers' objectives were not met. The author argues that the law of injunctions and collective bargaining shifted and narrowed the scope of the conflict, and reduced the political power of the teachers. The litigation surrounding Bill 160 …


Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1999

Section 1: Mitchell V. Helms, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew Sep 1999

Judicial Deference And Sexual Discrimination In The University, Mark Bartholomew

Buffalo Women's Law Journal

Tenure discrimination plaintiffs confront a judiciary that regularly defers to the administrative judgments of universities. Strangely, however, student plaintiffs suing under Title IX do not confront the same deferential posture. This occurs even when the student plaintiffs are suing their professors over classroom speech and academic freedom is at stake. After presenting the evidence of an asymmetrical application of judicial deference to the university, the Article critiques the Supreme Court’s decision in Gebser v. Lago Vista Independent School District to weaken the remedial powers of Title IX relative to Title VII. The Article then explores the arguments for and against …


Supreme Court To Rule On Student Fees Case, Arthur S. Leonard Jul 1999

Supreme Court To Rule On Student Fees Case, Arthur S. Leonard

Center for LGBTQ Studies (CLAGS)

The U.S. Supreme Court announced March 29 that it will intervene in the "culture wars" raging in academia by considering whether public university students have a constitutional right to block use of their student activity fees by student organizations of which they disapprove. Lesbian and gay studies programs, such as CLAGS, are at the heart of these culture wars, as right-wing groups raise public controversies about the discussion of sexuality in the academy and question the very legitimacy of lesbian and gay studies as an academic discipline.


Higher Education Admissions And The Search For One Important Thing, Michael A. Olivas Jul 1999

Higher Education Admissions And The Search For One Important Thing, Michael A. Olivas

University of Arkansas at Little Rock Law Review

No abstract provided.


American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross Jul 1999

American Indian Education: The Terror Of History And The Nation's Debt To The Indian Peoples, Raymond Cross

University of Arkansas at Little Rock Law Review

No abstract provided.


Race And Higher Education: A Rallying-Cry For Racial Justice And Equal Educational Opportunity, Pace Jefferson Mcconkie Jul 1999

Race And Higher Education: A Rallying-Cry For Racial Justice And Equal Educational Opportunity, Pace Jefferson Mcconkie

University of Arkansas at Little Rock Law Review

No abstract provided.


Conflict In The Classroom: Educational Institutions As Sites Of Religious Tolerancelintolerance In Nigeria, Rosalind I.J. Hackett May 1999

Conflict In The Classroom: Educational Institutions As Sites Of Religious Tolerancelintolerance In Nigeria, Rosalind I.J. Hackett

BYU Law Review

No abstract provided.


Gebser V. Lago Vista Independent School District: School District Remains Afloat In Title Ix Litigation Floodwater, Richard A. Weller May 1999

Gebser V. Lago Vista Independent School District: School District Remains Afloat In Title Ix Litigation Floodwater, Richard A. Weller

Mercer Law Review

In Gebser v. Lago Vista Independent School District, the United States Supreme Court held that a school district could not be held liable under Title IX for a teacher's sexual harassment of a student without actual notice and deliberate indifference. In a five to four decision, the Court affirmed summary judgment in favor of the school district.'


Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok May 1999

Response To Review By Terrance Sandalow, William G. Bowen, Derek Bok

Michigan Law Review

Mark Twain tried to convey the size and complexity of the Mississippi by explaining to his readers that the river draws its water from every state between Delaware and Idaho, discharges 338 times as much water as the Thames, and is fed by 54 subordinate rivers each of which was large enough for steamboat travel.


Which Queue?, Robert J. Sternberg, Elena L. Grigorenko May 1999

Which Queue?, Robert J. Sternberg, Elena L. Grigorenko

Michigan Law Review

It is annoying when one is in a long line - at a ticket counter, at a supermarket, at a bank - and someone "jumps the queue," taking a position in line ahead of other people who lined up first. The title of Mark Kelman and Gillian Lester's book, Jumping the Queue, gives the reader advance warning of the authors' position on people who edge ahead in line. But the topic of their book is not ticket, supermarket, or bank lines, but rather the line to enjoy the benefits of society. And the focus of the analysis of queue-jumpers is …


Education Expense Epiphanies, Malcolm L. Morris Apr 1999

Education Expense Epiphanies, Malcolm L. Morris

Buffalo Law Review

No abstract provided.


When Diversity Leads To Adversity: The Principles Of Promoting Diversity In Educational Institutions, Premonitions Of The Taxman V. Board Of Education Settlement, Matthew S. Lerner Apr 1999

When Diversity Leads To Adversity: The Principles Of Promoting Diversity In Educational Institutions, Premonitions Of The Taxman V. Board Of Education Settlement, Matthew S. Lerner

Buffalo Law Review

No abstract provided.


Equality Before The Law: An Exploration Of The Pursuit Of Government Funding By Muslim Schools In Britain, Marie Parker-Jenkins Mar 1999

Equality Before The Law: An Exploration Of The Pursuit Of Government Funding By Muslim Schools In Britain, Marie Parker-Jenkins

Brigham Young University Education and Law Journal

No abstract provided.


Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller Mar 1999

Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller

Brigham Young University Education and Law Journal

No abstract provided.


Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley Mar 1999

Liability For Student-To-Student Sexual Harassment Under Title Ix In Light Of Davis V. Monroe County Board Of Education, George M. Rowley

Brigham Young University Education and Law Journal

No abstract provided.


Prayer At Public School Graduation Ceremonies: An Exercise In Futility Or A Teachable Moment?, Charles J. Russo Mar 1999

Prayer At Public School Graduation Ceremonies: An Exercise In Futility Or A Teachable Moment?, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


The Development Of Search And Seizure Law In Public Schools, Bill O. Heder Mar 1999

The Development Of Search And Seizure Law In Public Schools, Bill O. Heder

Brigham Young University Education and Law Journal

No abstract provided.


We Are What We Wear: Revisiting Student Dress Codes, Christopher B. Gilbert Mar 1999

We Are What We Wear: Revisiting Student Dress Codes, Christopher B. Gilbert

Brigham Young University Education and Law Journal

No abstract provided.


Gay/Straight Alliances And Other Controversial Student Groups: A New Test For The Equal Access Act, Susan Broberg Mar 1999

Gay/Straight Alliances And Other Controversial Student Groups: A New Test For The Equal Access Act, Susan Broberg

Brigham Young University Education and Law Journal

No abstract provided.


Implementation And Modification Of Title Ix Standards: The Evolution Of Athletics Policy, Robert R. Hunt Mar 1999

Implementation And Modification Of Title Ix Standards: The Evolution Of Athletics Policy, Robert R. Hunt

Brigham Young University Education and Law Journal

No abstract provided.


The Aftermath Of Agostini: Confusion Continues As The Modified Lemon Test Is Applied In Helms V. Picard, Carlos Elizondo Mar 1999

The Aftermath Of Agostini: Confusion Continues As The Modified Lemon Test Is Applied In Helms V. Picard, Carlos Elizondo

Brigham Young University Journal of Public Law

No abstract provided.


Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon Mar 1999

Race, Class, Caste…? Rethinking Affirmative Action, Clark D. Cunningham, N.R. Madhava Menon

Michigan Law Review

Many who oppose affirmative action programs in the United States because they use "racial" categories such as black, African American, or Latino, claim that equally effective and more equitable programs can be developed using only class categories, such as "low income." A key test case for the "race v. class" debate is admission to law schools, made urgent by recent legal prohibitions on the use of "race" in the admission procedures to state universities in California, Washington, and Texas. An empirical study by Linda Wightman, the former director of research for the Law School Admissions Council (LSAC), has shown that …


School Choice In The U.S., Stephen D. Sugarman Feb 1999

School Choice In The U.S., Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel Jan 1999

Vouchsafing Democracy: On The Confluence Of Governmental Duty, Constitutional Right, And Religious Mission Symposium On Law And Religion, Ruti Teitel

Articles & Chapters

No abstract provided.


Minority Preferences Reconsidered, Terrance Sandalow Jan 1999

Minority Preferences Reconsidered, Terrance Sandalow

Reviews

During the academic year 1965-66, at the height of the civil rights movement, the University of Michigan Law School faculty looked around and saw not a single African-American student. The absence of any black students was not, it should hardly need saying, attributable to a policy of purposeful exclusion. A black student graduated from the Law School as early as 1870, and in the intervening years a continuous flow of African-American students, though not a large number, had been admitted and graduated. Some went on to distinguished careers in the law.