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Articles 1 - 5 of 5
Full-Text Articles in Law
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community …
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. …
Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner
Punitive Damages, Due Process, And Employment Discrimination, Joseph Seiner
Faculty Publications
The Supreme Court has failed to provide any substantive guidance on when punitive damages are appropriate in employment discrimination cases since it issued its seminal decision in Kolstad v. American Dental Ass'n over twelve years ago. The Court has recently expanded its punitive damages jurisprudence in the high-profile decisions of Philip Morris USA v. Williams and Exxon Shipping Co. v. Baker. While these cases dramatically altered the way exemplary relief is analyzed in civil cases, the extent to which these decisions apply in the workplace context remains unclear. Surprisingly, there has been almost no academic literature to date explaining how …
A New Era For Desegregation, Danielle R. Holley-Walker
A New Era For Desegregation, Danielle R. Holley-Walker
Faculty Publications
No abstract provided.