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Articles 1 - 14 of 14
Full-Text Articles in Law
Teaching Global Health Law: Preparing The Next Generation For Future Challenges, Lawrence O. Gostin, Sarah L. Bosha, Benjamin Mason Meier
Teaching Global Health Law: Preparing The Next Generation For Future Challenges, Lawrence O. Gostin, Sarah L. Bosha, Benjamin Mason Meier
Georgetown Law Faculty Publications and Other Works
Following from sweeping law reforms across the global health landscape, there is a need to prepare the next generation to advance global health law to ensure justice for a healthier world. Educational programs across disciplines have increasingly incorporated the field of global health law, with new courses examining the law and policy frameworks that apply to the new set of public health threats, non-state actors, and regulatory instruments that structure global health. Such interdisciplinary training must be expanded throughout the world to prepare future practitioners to strengthen global health law — ensuring a foundation for global health in legal studies …
Deny, Defund, And Divert: The Law And American Miseducation, Janel A. George
Deny, Defund, And Divert: The Law And American Miseducation, Janel A. George
Georgetown Law Faculty Publications and Other Works
Racial inequality in public education is not inevitable, it is constructed. The law has been elemental in crafting racial inequality in public education. In this Article, I posit that lawmakers seeking to entrench racial inequality in and through public education do so by enacting laws designed to deny Black children access to education, defund public schools disproportionately attended by Black children, and divert many Black educators away from the public education system. This Article draws a through-line between laws enacted to prevent desegregation in the aftermath of the Brown v. Board of Education ruling—an era known as massive resistance—and recently …
Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin
Brown V. Board Of Education: Enduring Caste And American Betrayal, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
This article reflects on the role of residential caste in reproducing school segregation and how the Supreme Court betrays the equality principles of Brown by applying a colorblind constitutionalism that renders so-called de facto residential caste, and subsequent school segregation, acceptable.
During the seven-decade Great Migration of the 20th century, northern cities deployed policies to create an architecture of inequality in which African Americans and white Americans did not live in the same neighborhoods. While the Fair Housing Act of 1968 rendered intentional discrimination in housing markets illegal, and the Court also ruled against forms of intentional housing discrimination, …
Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda
Critical Perspectives To Advance Educational Equity And Health Justice, Yael Cannon, Nicole Tuchinda
Georgetown Law Faculty Publications and Other Works
A robust body of research supports the centrality of K-12 education to health and well-being. Critical perspectives, particularly Critical Race Theory (CRT) and Dis/ability Critical Race Studies (DisCrit), can deepen and widen health justice’s exploration of how and why a range of educational inequities drive health disparities. The CRT approaches of counternarrative storytelling, race consciousness, intersectionality, and praxis can help scholars, researchers, policymakers, and advocates understand the disparate negative health impacts of education law and policy on students of color, students with disabilities, and those with intersecting identities. Critical perspectives focus upon and strengthen the necessary exploration of how structural …
Massive Resistance--The Remix: Anti-Black Policymaking And The Poisoning Of U.S. Public Education, Janel George
Massive Resistance--The Remix: Anti-Black Policymaking And The Poisoning Of U.S. Public Education, Janel George
Georgetown Law Faculty Publications and Other Works
What is occurring today in state legislatures and school boards around the country—under the guise of conservative attacks on Critical Race Theory—is merely a remix of the same song of white supremacy in public education. This nation has witnessed the impact of legislative campaigns designed to undermine educational opportunity for Black students before. This article applies a Critical Race Theory approach to analyze the role of law and policy in replicating racial inequality in education. This article asserts that policymakers seeking to preserve white supremacy in education have invoked three primary legislative tactics over the years: (1) denying; (2) defunding; …
Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman
Meyer, Pierce, And The History Of The Entire Human Race: Barbarism, Social Progress, And (The Fall And Rise Of) Parental Rights, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
Long before the Supreme Court’s seminal parenting cases took a due process Lochnerian turn, American courts had been working to fashion family law doctrine on the premise that parents are only entrusted with custody of the child, and then only as long as they meet their fiduciary duty to take proper care of the child. With its progressive, anti-patriarchal orientation, this jurisprudence was in part a creature of its time, reflecting the evolutionary biases of the emerging fields of sociology, anthropology, and legal ethnohistory. In short, the courts embraced the new, “scientific” view that social “progress” entails the decline and, …
Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff
Conditional Spending After Nfib V. Sebelius: The Example Of Federal Education Law, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
In NFIB v. Sebelius, the Supreme Court’s recent case addressing the constitutionality of the Affordable Care Act, the Court concluded that the expansion of Medicaid in that Act was unconstitutionally coercive and therefore exceeded the scope of Congress’s authority under the Spending Clause. This was the first time that the Court treated coercion as an issue of more than mere theoretical possibility under the Spending Clause. In the wake of the Court’s decision, commentators have expressed either the concern or the hope that NFIB’s coercion analysis may lead to the undoing of much of the federal regulatory state, …
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Who Owns The Soul Of The Child?: An Essay On Religious Parenting Rights And The Enfranchisement Of The Child, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
At common law, and (for most of the nation's history) under state statutory regimes, the authority of the parent to direct the child's upbringing was a matter of duty, not right, and chief among parental obligations was the duty to provide the child with a suitable education. It has long been a legal commonplace that at common law the parent had a "sacred right" to the custody of his or her child, that the parent's right to control the upbringing of the child was almost absolute. But this reading of the law is sorely anachronistic, less history than advocacy on …
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
This article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), are failing to fulfill that goal and how these legal regimes can be improved to reach this goal. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
How Should Colleges And Universities Respond To Peer Sexual Violence On Campus? What The Current Legal Environment Tells Us, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Over the last decade or so, various legal schemes such as the statutes and court or agency enforcement of Title IX and the Clery Act have increasingly recognized that certain institutional responses perpetuate a cycle of nonreporting and violence. This paper draws upon comprehensive legal research conducted on how the law now regulates school responses to campus peer sexual violence to show that schools face much greater liability from failing to protect the rights of campus peer sexual violence survivors than of any other group of students, including alleged assailants. By encouraging their institutions to develop more victim-centered responses to …
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman
Georgetown Law Faculty Publications and Other Works
The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Campus Violence: Understanding The Extraordinary Through The Ordinary, Nancy Chi Cantalupo
Georgetown Law Faculty Publications and Other Works
Recent mass shootings on college campuses have focused many on the responsibilities of colleges and universities to prevent and respond to such violence. However, in statistical terms, this type of campus violence can thankfully be considered relatively extraordinary. In contrast, the only type of campus violence that is unfortunately common enough to be characterized as “ordinary” is peer sexual assault and similar forms of campus gender-based violence. Accordingly, this essay explores the scope and dynamics of both “ordinary” and “extraordinary” campus violence, discusses the law and “best practices” dealing with peer sexual violence victims’ rights and the due process rights …
Teaching Evidence, Paul F. Rothstein
Teaching Evidence, Paul F. Rothstein
Georgetown Law Faculty Publications and Other Works
This article was published as part of the 2006 teaching issue of the Saint Louis University Law Journal. The teaching series was created as a forum for scholars, judges, and students to discuss methods for the effective teaching and learning of particular law school courses. In this essay, Professor Rothstein describes his philosophy and methods for teaching evidence.
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
In the summer of 2002, the city of Boston watched a fierce battle unfold between low-wage workers who provide child care and the social service agencies that employ them. Boston requires its city contractors to pay more than twice the federal minimum wage of $5.15 an hour to their employees, according to the terms of the city's "living wage" ordinance. The social service agencies, which receive government subsidies to run their child care programs, claimed that they could not afford to pay this rate. These agencies mounted an intense legal and political campaign, arguing that they would be forced to …