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Law and Society

Maurer School of Law: Indiana University

Indiana Law Journal

2020

Antidiscrimination Laws

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Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson Oct 2020

Designing The Legal Architecture To Protect Education As A Civil Right, Kimberly J. Robinson

Indiana Law Journal

Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right.