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Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins
Travellers, Equality And School Admission In The High Court: Stokes V Christian Brothers High School Clonmel, Mel Cousins
Mel Cousins
This note examines the recent Irish High Court decision in Stokes v CBS High School which concerned whether the rules for admission to the school – in particular a rule giving priority to children whose parents had attended the school - were compatible with the Equal Status Acts 2000-2008. The case concerned the fact that Mr. Stokes, a member of the Traveller community, was refused access to the school which was oversubscribed. The admission criteria included a rule whereby priority was given to children whose parents had attended the school and it was argued that this was indirectly discriminatory against …
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
Benton C. Martin
The No Child Left Behind Act of 2001 (NCLB), one of the most important pieces of education legislation in our nation’s history, is overdue for reauthorization. Prior attempts at reauthorization have failed because of political controversy surrounding the Act, including controversy surrounding the extent of the federal role in education. NCLB does not fit squarely into traditional models of federalism and new theories of federalism have emerged to address the unique new dynamics raised by its expansive use of the federal spending power. This Article argues these theories point to practical changes that Congress can make to improve NCLB.
Although …
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Dr. Lotem Perry-Hazan
The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …