Law Commons^™

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman

Seattle University Law Review

The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …

History Of Federal International Education Policy (1900-2024): A Four-Dimensional View In Action, Winda Wastu Melati

Graduate Theses, Dissertations, and Problem Reports

This dissertation examines the history of the evolution of United States international education policy from 1900 to 2024, employing document analysis methodology to explore key themes that have shaped its trajectory. The study utilizes Cooper et al.'s (2004) Four-Dimensional View of Policy theory (normative, structural, constituentive, and technical) to analyze the complex interplay between diplomatic objectives, economic considerations, national security concerns, immigration, internationalization of higher education, and international students in the United States. The research traces major policy shifts from early initiatives like the Boxer Indemnity Scholarship Program to post-9/11 security measures and recent administrative changes by examining primary sources …

Public Good Through Charter Schools?, Philip Hackney

Articles

Should nonprofit charter schools be considered “charitable” under § 501(c)(3) of the Internal Revenue Code and be entitled to the benefits that go with that designation (income tax exemption, charitable contribution deduction, etc.)? Current tax law treats them as such; the question is whether there is a good rationale for this treatment. In addition to efficiency and equity, I consider political justice as a value in evaluating tax policy. By political justice, I mean a democratic system that prioritizes the opportunity for more people to have a voice in collective decisions (political voice equality or PVE). Thus, a tax policy …

Setting The Table For Feast Or Famine: How Education Will Play A Deciding Role In The Future Of Precision Agriculture, Lauren Manning

Journal of Food Law & Policy

Precision agriculture has many names including satellite farming, or site-specific crop management. Early forms of precision agriculture involved creating fertilizer maps, yield measurements, grid sampling, and soil pH content monitoring. Roughly 25 years ago, the advent of global positioning systems, commonly known as GPS, enabled farmers to make more informed decisions about where to plant seed and how much seed to plant. Precision agriculture technologies typically utilize sensors that are placed on tractors, combines, and other farm equipment, and which measure various conditions including seeding rates, soil conditions, and other indicators of production. Over time, this technology has been expanded …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Gdpr Compliance—It Takes A Village, Susy Mendoza

Seattle University Law Review

When the General Data Protection Regulation (GDPR) came into effect in May of 2018, many legal departments were confronted with the gravity of just how they were going to comply with such a wide-reaching law. If you have international customers (both direct to consumer or business to business), it is not hard to convince your general counsel that compliance with the GDPR is a must. You may even be able to get the chief technical officer (CTO) or chief operating officer (COO) onboard just by mentioning the steep fines—two to four percent of worldwide gross revenue. But how does the …

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

The Ideas Of Establishing Fair Society In The Political Views Of Oriental Scholars And Contemporary Practices, F. Muhitdinova

Review of law sciences

the article considers the materials of the study of political and legal teachings of such Eastern thinkers as Abu Nasr Farabi, Abu Raykhan Biruni, Abu Ali Ibn Sina, particularly the inferences and offers essential in studying a history of political and legal theory of Uzbekistan, the issues of today concerning the public administration and the right. Also actuality and values of ideas of scientists of the East in improving the bases of constituting the constitutional state and formation of democratic society.

A New Stage In Reforming Of The Legal Personnel, F. Muhitdinova

Review of law sciences

The article is devoted to the issues of reforming the legal education of the Republic of Uzbekistan. The article analyzes the reasons for the increased interest in the reforms of legal education. The foreign experience and modern trends in the teaching of legal disciplines in the preparation of qualification lawyers are investigated. A set of measures to modernize the system of training legal personnel is formulated, the basic element of which should be the modernization of consciousness. The urgency of the strategy of actions in the field of judicial and legal reforms is analyzed.

Prison Bars On Classroom Doors, Cornelius Lee

DePaul Journal for Social Justice

No abstract provided.

Diverging Destinies Redux, Amy L. Wax

All Faculty Scholarship

My recent “where to live” conversation with a newly hired colleague yielded an unsurprising list of “possibles”: selected blocks of Mount Airy and Germantown, plus the Main Line towns of Bryn Mawr, Ardmore, Haverford, Villanova, Gladwyne, and so forth. Despite my colleague’s professed open mind about potential neighborhoods, Jenkintown — my own somewhat obscure and distinctly unfashionable (but much more affordable) suburb — drew a blank stare, as did a dozen other solidly middleclass areas I mentioned. By my calculation, there are over 400 zip codes within a thirty-mile radius of Rittenhouse Square, which is in the center of downtown …

Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch

Allen W Hubsch

The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.

The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age …

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

Stereotype Threat: A Case Of Overclaim Syndrome?, Amy L. Wax

All Faculty Scholarship

The theory of Stereotype Threat (ST) predicts that, when widely accepted stereotypes allege a group’s intellectual inferiority, fears of confirming these stereotypes cause individuals in the group to underperform relative to their true ability and knowledge. There are now hundreds of published studies purporting to document an impact for ST on the performance of women and racial minorities in a range of situations. This article reviews the literature on stereotype threat, focusing especially on studies investigating the influence of ST in the context of gender. It concludes that there is currently no justification for concluding that ST explains women’s underperformance …

Engines Of Inequality: Class, Race, And Family Structure, Amy L. Wax

All Faculty Scholarship

The past 30 years have witnessed a dramatic divergence in family structure by social class, income, education, and race. This article reviews the data on these trends, explores their significance, and assesses social scientists’ recent attempts to explain them. The article concludes that society-wide changes in economic conditions or social expectations cannot account for these patterns. Rather, for reasons that are poorly understood, cultural disparities have emerged by class and race in attitudes and behaviors surrounding family, sexuality, and reproduction. These disparities will likely fuel social and economic inequality and contribute to disparities in children’s life prospects for decades to …

Finding The Constitutional Right To Education In San Antonio School District V. Rodriguez, John H. Ryskamp

ExpressO

In Lawrence v. Texas, the Supreme Court abolished the scrutiny regime because it impermissibly interfered with an important fact, liberty. And yet, even in earlier cases which ostensibly upheld the scrutiny regime, it is difficult to see that the Court ever did so to the detriment of facts it considered important. In short, the Court often (always?) found itself raising the level of scrutiny for a fact in the same case it upheld the regime, leaving us to wonder if the scrutiny regime ever actually had any effect at all, or even whether the Court felt it was relevant. As …

Unburdening The Constitution: What Has The Indian Constitution Got To Do With Private Universities, Modernity And Nation States?, Shubhankar Dam

Shubhankar Dam

This article critically analyses the decision of the Indian Supreme Court in Yashpal and another v. State of Chhattisgarh and others holding the establishment of private universities as unconstitutional. Swayed by the overwhelmingly irresponsible character of the respondent universities, the Supreme Court innovated constitutional arguments to uphold the claims of the petitioners. While intuitively correct in the context of the immediate facts, the judgment, when analysed in the abstract, reveals the self-inflicted harm it has the potential to cause. The judgment is technologically regressive: it fails to account for the emerging trends in education, especially those related to the use …

The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen

ExpressO

High school dropouts are a serious problem facing America today. High school dropouts are more likely to be unemployed, earn less money when employed, place a larger burden on the government by requiring public assistance (welfare), and are more likely to be prone to a life of crime and violence than high school completers. While government at all levels continues to focus on schools and teachers in solving the dropout problem, this paper shows how parents are where the focus should lie. This paper proposes a revolutionary tax credit, the High School Attainment Credit (“HSAC”), which would cost-effectively eradicate the …

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Book Reviews

Review essay on National Reading Panel, Teaching Children to Read: An Evidence-Based Assessment of the Scientific Research Literature on Reading and Its Implications for Reading Instruction; G. Coles, Reading Lessons: The Debate Over Literacy; G. Coles, Misreading Reading: The Bad Science That Hurts Children; M. Stout, The Feel-Good Curriculum: The Dumbing Down of America's Kids in the Name of Self-Esteem; D. McGuinness, Why Our Children Can't Read and What We Can Do About It. What is it about teaching reading that arouses such passions in Americans? Shall we have phonics or whole language or both? Why this debate should be …

The Reading Wars: Understanding The Debate Over How Best To Teach Children To Read, Kenneth Anderson

Kenneth Anderson

Recent Publications, Journal Staff

Vanderbilt Law Review

Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity

By Allan P. Sindler.

Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …