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Articles 1 - 17 of 17
Full-Text Articles in Law
Competition And The Curve, Barbara Glesner Fines
Competition And The Curve, Barbara Glesner Fines
Faculty Works
In judging pedagogical issues, most law professors favor their own experiences as students: the best way to teach is the way they were taught. I suspect that I am no different in this respect. Unlike most faculty, however, I was taught without the grading game playing a central role in my education. My undergraduate education was at a small, public, interdisciplinary, liberal arts college, with no departments, no majors, no curricular requirements to speak of, no tests and, most critically, no grades. I loved my education. It stays with me today. I attribute that retention and enthusiasm to the learning …
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
Articles
No abstract provided.
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
Faculty Publications
No abstract provided.
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Scholarly Works
No abstract provided.
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Single-Sex Education After United States V. Virginia, Catherine O’Neill
Single-Sex Education After United States V. Virginia, Catherine O’Neill
Faculty Articles
In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.
The End Of Busing?, Davison M. Douglas
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
UF Law Faculty Publications
Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that …
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.
Home Rule School Districts: An Opportunity For Meaningful Reform Or Simple Window Dressing?, Charles W. Goldner Jr.
Home Rule School Districts: An Opportunity For Meaningful Reform Or Simple Window Dressing?, Charles W. Goldner Jr.
Faculty Scholarship
No abstract provided.
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Scholarly Works
This article reviews recent judicial decisions concerning the Equal Protection Clause and provides an analysis of their implications for public educational institutions. The article begins by giving a brief historical overview of the Equal Protection Clause, its application to the states, and describes the three-tiered approach to challenges alleging government denial of equal protection of the laws. Recent applications of each tier are addressed by discussing Adarand v. Pena, Hopwood v. Texas, U.S. v. Virginia, and Romer v. Evans. The article concludes by noting that these recent cases have added to uncertainty concerning the Court’s interpretation of the Equal …
Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake
Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake
Articles by Maurer Faculty
Haskell (1997) argued that the administrative practice of student evaluation of faculty is a threat to academic freedom. However, before that claim can be substantiated, several prior questions must be addressed: To whom does academic freedom belong? Individual faculty? The academy? Whose actions can violate the right? Can any lines be drawn based on whether the substance or form of classroom behavior is influenced? And still another crucial point is whether a body can violate academic freedom without any intent to interfere with or control the substance of what is said to students.
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Journal Articles
At the entrance to St. Mary's College, a part of the University of St. Andrews in Scotland, one encounters the opening words of the Gospel of St. John: "In principio erat verbum." Eschewing the usual translation, students there irreverently render the passage thus: "The Principal has the last word." The existence of the position of Principal in a university and the substantial power of that official cause only part of the fascination experienced by the American observer of universities in Scotland. This article will assess, from an American perspective, the law and governance affecting the resolution of academic and disciplinary …
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Faculty Scholarship
Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …