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Full-Text Articles in Law
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Education's Elusive Future, Storied Past, And The Fundamental Inequity In Between, Derek W. Black
Faculty Publications
No abstract provided.
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Middle Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Faculty Publications
Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …
Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Middle-Income Peers As Educational Resources And The Constitutional Right To Equal Access, Derek W. Black
Faculty Publications
Concentrated poverty in public schools continues to be a leading determinate of the educational opportunities that minority students receive. Since the effective end of mandatory desegregation, advocates have lacked legal tools to address it. As an alternative, some advocates and scholars have attempted to incorporate the concerns of concentrated poverty and racial segregation into educational litigation under state constitutions, but these efforts have been slow to take hold. Thus, all that has remained for students in poor and minority schools is the hope that school finance litigation could direct sufficient resources to mitigate their plight. This Article offers another solution. …
The Lawmaking Family, Noa Ben-Asher
The Lawmaking Family, Noa Ben-Asher
Faculty Publications
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …