Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Education Law (10)
- Constitutional Law (7)
- Civil Rights and Discrimination (6)
- Law and Society (5)
- Law and Race (4)
-
- State and Local Government Law (4)
- Legislation (3)
- Supreme Court of the United States (3)
- Comparative and Foreign Law (2)
- Law and Economics (2)
- Race and Ethnicity (2)
- Social and Behavioral Sciences (2)
- Sociology (2)
- Bilingual, Multilingual, and Multicultural Education (1)
- Courts (1)
- Disability Law (1)
- Dispute Resolution and Arbitration (1)
- Education (1)
- Entertainment, Arts, and Sports Law (1)
- Family Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Inequality and Stratification (1)
- International Law (1)
- International Trade Law (1)
- Jurisprudence (1)
- Law and Gender (1)
- Law and Politics (1)
- Institution
-
- Fordham Law School (6)
- University of Richmond (5)
- Saint Louis University School of Law (3)
- Selected Works (2)
- University of Maryland Francis King Carey School of Law (2)
-
- BLR (1)
- Georgia State University College of Law (1)
- Marquette University Law School (1)
- New York Law School (1)
- Nova Southeastern University (1)
- University of Baltimore Law (1)
- University of Cincinnati College of Law (1)
- University of Georgia School of Law (1)
- University of Missouri School of Law (1)
- University of Missouri-Kansas City School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of New Mexico (1)
- University of San Diego (1)
- Publication
-
- University of Richmond Law Review (5)
- Fordham Urban Law Journal (4)
- Saint Louis University Public Law Review (2)
- All Faculty Scholarship (1)
- Elizabeth Chamblee Burch (1)
-
- ExpressO (1)
- Faculty Articles and Other Publications (1)
- Faculty Scholarship (1)
- Faculty Works (1)
- Fordham Law Review (1)
- Georgia State University Law Review (1)
- ILSA Journal of International & Comparative Law (1)
- Journal of Dispute Resolution (1)
- Marquette Sports Law Review (1)
- Maryland Law Review (1)
- NYLS Law Review (1)
- Native American Water Rights Settlement Project (1)
- Nevada Law Journal (1)
- Nicos Trimikliniotis (1)
- Saint Louis University Law Journal (1)
- San Diego Law Review (1)
- Scholarly Works (1)
- University of Maryland Law Journal of Race, Religion, Gender and Class (1)
- Publication Type
Articles 1 - 30 of 31
Full-Text Articles in Law
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner
University of Richmond Law Review
No abstract provided.
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas
Ubi Jus, Ibi Remedium: The Fundamental Right To A Remedy Under Due Process, Tracy A. Thomas
San Diego Law Review
This essay is part of the 2003 Remedies Forum symposium comprised of international remedies scholars addressing the topic of equitable relief in the fifty years since Brown v. Board of Education. It may be true as other scholars have argued that since the time of Brown, institutional defendants have won at the expense of plaintiffs. Defendants have learned that delay and defiance work. The U.S. Supreme Court has adopted a standard for ordering equitable relief that significantly defers to defendant wrongdoers at the plaintiffs' expense. Epithets of activist courts and judicial legislation have colored the existing scholarship and portrayed remedial …
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
Scholarly Works
This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …
Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering
Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (2004), Hkm Engineering
Native American Water Rights Settlement Project
Tribal Water Code: Water Conservation Plan, Rocky Boy / North Central Montana Regional Water System (Sep. 2004). Parties: Chippewa-Cree Tribe and NCM-RWS. The Rocky Boy/North Central Montana Regional Water System Act of 2002 (Pub. L. 107-331) authorized construction of the Rocky Boy/North Central Montana Regional Water System in north-central Montana. To meet the requirements of the Act, the Chippewa Cree Tribe and the North Central Montana Regional Water Authority developed and submitted a water conservation plan to Reclamation. The purpose of this water conservation plan is to ensure that users of water from the core system, non-core system and the …
Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch
Rhetoric Or Rights?: When Culture And Religion Bar Girls' Right To Education, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Women account for almost two-thirds of the world's illiterates. In the year 2000, the World Education Forum met in Dakar, Senegal and set goals to (1) eliminate gender disparities in primary and secondary education by 2005, and (2) achieve gender equality in education by 2015. Two months before 2004, the United Nations Educational, Scientific, and Cultural Organization (UNESCO) reported that sixty percent of the 128 countries that attended the Dakar Conference would not meet these goals. The report attributed the failure to sharp discrimination against girls in social and cultural practices. The report failed to mention that social and cultural …
Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey
Bringing The Messiah Through Law: Legal Education At The Jesuit Schools, Daniel J. Morrissey
Saint Louis University Law Journal
No abstract provided.
The Future Of Guinn V. Legislature, Troy L. Atkinson
The Future Of Guinn V. Legislature, Troy L. Atkinson
Nevada Law Journal
No abstract provided.
The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio
The Georgia Roundtable Discussion Model: Another Way To Approach Reforming Rape Laws, Andrea A. Curcio
Georgia State University Law Review
No abstract provided.
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath
ExpressO
This article examines the recent changes in the funding of “abstinence only” educational programs that attempt to reduce the incidence of teen pregnancy and sexually transmitted diseases. Although funding for these programs was previously ruled to be facially constitutional, this is no longer the case as their lack of efficacy for their stated purpose has been exposed. Newer programs are in direct violation of unconstitutional conditions doctrine, and none of these programs address a significant segment of the student population, lesbian and gay students. My article addresses this oversight as dangerous public health policy as well as a potential constitutional …
School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley
School Board Control Over Education And A Teacher’S Right To Privacy, Ralph D. Mawdsley
Saint Louis University Public Law Review
No abstract provided.
Constitutional Challenges To State Education Finance Distribution Formulas: Moving From Equity To Adequacy, R. Craig Wood
Constitutional Challenges To State Education Finance Distribution Formulas: Moving From Equity To Adequacy, R. Craig Wood
Saint Louis University Public Law Review
No abstract provided.
The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser
The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser
ILSA Journal of International & Comparative Law
Enormous developments are taking place in the global economy. Initia- tives are being taken from the top down, and quite literally, from the bottom up.
Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista
Student Athletes And The Buckley Amendment: Right To Privacy Does Not Include The Right To Sue, Paul J. Batista
Marquette Sports Law Review
No abstract provided.
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
University Dons And Warrior Chieftains: Two Concepts Of Diversity, Thomas H. Lee
Fordham Law Review
No abstract provided.
Campaign For Fiscal Equity, Inc. V. State, Oreen Chay
Campaign For Fiscal Equity, Inc. V. State, Oreen Chay
NYLS Law Review
No abstract provided.
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein
Maryland Law Review
No abstract provided.
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Damages: Using A Case Study To Teach Law, Lawyering, And Dispute Resolution, Melody Richardson Daily, Chris Guthrie, Leonard L. Riskin
Journal of Dispute Resolution
One of the primary goals of the Center for the Study of Dispute Resolution (CSDR) at the University of Missouri-Columbia School of Law has been to develop innovative and alternative teaching models that prepare law students to be better, more responsive lawyers and to broaden the philosophical maps (or mental models or mind sets) with which they approach their work
Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy
Understanding Family Law In Context: The Court Observation Assignment, Jane C. Murphy
All Faculty Scholarship
No abstract provided.
Bullying In Schools: The Disconnect Between Empirical Research And Constitutional, Statutory, And Tort Duties To Supervise, Daniel B. Weddle
Bullying In Schools: The Disconnect Between Empirical Research And Constitutional, Statutory, And Tort Duties To Supervise, Daniel B. Weddle
Faculty Works
Nearly two decades of educational research has repeatedly demonstrated that one of the most damaging and pervasive problems in our schools today is bullying. That research has shown that bullying leaves its victims with serious and often life-long emotional problems. It has revealed that bullies are substantially more likely than their peers to commit felonies later in their lives. It has even demonstrated that witnesses to the bullying are often affected in serious, lasting ways. Most importantly, it has proven that school officials can dramatically reduce the prevalence of bullying if they implement proven bullying prevention strategies. Nevertheless, in most …
Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris
Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak
"Press Prudence," Nazi Student Orders, And Jim Crow, Louis H. Pollak
Fordham Urban Law Journal
This Article discusses the 1931 decision of the Austrian Constitutional Court in which it was held that rules promulgated by the University of Vienna, which aimed to separate the student body into four ethnically-defined nations, were invalid. The Article notes the striking similarities of the case to Brown v. Board of Education and other American equal protection education cases. In examining the decision the article states that in declining to uphold an equivalent to the 'separate but equal' doctrine, the Austrian justices did for Austrian law what Plessy had failed to do for US law thirty five years before. The …
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams
Faculty Articles and Other Publications
As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.
History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …
Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger
Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger
Faculty Scholarship
The “New Accountability” movement in American education purports to catalyze improvement in American education by setting clear state standards for academic performance, measuring performance against those standards, and disseminating information about results. This Article argues that the potential of state accountability programs lies not in their imposition of standards but in their imposition of a sanction - the disestablishment of school districts, which entails unseating the local superintendent and school board and replacing them with state officials or their designees - that is extremely painful for the targeted district but is also painful for states to impose. The first Part …
The Conception Of Brown, Robert L. Carter
The Conception Of Brown, Robert L. Carter
Fordham Urban Law Journal
This Article discusses the pervasive racism that continues to exist in the United States and examines the critical role that the Supreme Court case Brown v. Board of Education played in transforming race relations. The Article stresses the need to find a way to rid the country of race and color differentiation and emphasizes the deleterious effect that segregated school systems have on black school childrens ability to learn. The Article examines how Brown came about and states that the Court's rejection of Plessy v. Ferguson is what makes the case so significant. The Article discusses some of the important …
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
The Judicial Betrayal Of Blacks - Again: The Supreme Court's Destruction Of The Hopes Raised By Brown V. Board Of Education, Nathaniel R. Jones
Fordham Urban Law Journal
This Article discusses the history of school desegregation beginning with the pivotal decision in Brown v. Board of Education and noting the hopes that the case raised for black americans. The Article notes the resistance that Brown faced, especially from political forces who began to subvert the desegregation process, and examines the Supreme Court's subsequent decisions which aimed to secure Brown's objectives. The Article also examines the desegregation attempts in the North and discusses the difficulties plaintiffs faced in proving racial discrimination in school districts. The Article concludes by stating that the commitment to desegregation is waring and that segregation …
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Econometric Analyses Of U.S. Abortion Policy: A Critical View, Jonathan Klick
Fordham Urban Law Journal
This article surveys, in non-technical language, various econometric studies on the correlation between changes in access to abortion (whether through legalization, increased public funding, increased safety, etc.) and social phenomena such as sexual activity, crime, and opportunities for women. It argues that many econometrics-based abortion studies are contentious, often yielding varying results depending on the stakes of those commissioning the studies, and often too technical to be useful to policy-makers. As a result of these shortcomings, the author calls for methodological soundness and publication for a more general audience for those social scientists who want to enter the reproductive rights …