Law Commons^™

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Public Interest Law Review

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …

The Revolution In Higher Education, James V. Koch

Richmond Public Interest Law Review

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

Nqsi: Quality Schools Come From Quality People, Anita O. Poston, Thomas B. Lockamy, Gary L. Ruegsegger

Richmond Public Interest Law Review

Since the time of the now fabled one room schoolhouse, American schools have undergone tremendous change socially, structurally, and instructionally. Our public schools are under the microscope like never before. Charter schools and tuition vouchers circle above public education like vultures. New special education regulations loom menacingly on the horizon. Prophets of doom are on every street comer and in every Internet chat room. The Virginia General Assembly has mandated higher standards and tougher discipline. Innumerable publications document both technology's explosion and the American family's implosion. Against this seemingly foreboding backdrop, a school district in Southeastern Virginia researched, designed, and …

The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson

Richmond Public Interest Law Review

Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …

Choppy Waters Are Forecast For Academic Free Speech, Rachel E. Fugate

Florida State University Law Review

No abstract provided.

Board Of Education V. Taxman: The Unpublished Opinions- Introduction, Michael J. Yelnosky, Ann C. Mcginley

Law Faculty Scholarship

No abstract provided.

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Faculty Publications

No abstract provided.

An Alternative Approach To The Fourth Amendment In Public Schools: Balancing Students' Rights With School Safety, J. Chad Mitchell

BYU Law Review

No abstract provided.

Equal Educational Opportunity And Constitutional Theory: Preliminary Thoughts On The Role Of School Choice And The Autonomy Principle, Michael Heise

Cornell Law Faculty Publications

Inadequate schools impede America's long-standing quest for greater equal educational opportunity. The equal educational opportunity doctrine, traditionally moored in terms of race, has expanded to include notions of educational adequacy. Educational adequacy is frequently construed in terms of educational spending and framed in terms largely incident to constitutional litigation.

This paper explores the potential intersections of the school choice and school finance movements, particularly as they relate to litigation and policy. The paper argues that school choice policies constitute a viable remedy for successful school finance litigation and form a remedy that simultaneously advances individual autonomy, one critical constitutional principle.

Where To Draw The Line? The Supreme Court Reverses On Federal Funding Programs Regarding Religious Schools: Agostini V. Felton, Michael N. White

Mercer Law Review

In Agostini v. Felton the Supreme Court reversed its 1985 decision in Aguilar v. Felton by holding that a federally funded program providing supplemental, remedial instruction to disadvantaged children on a neutral basis is valid under the Establishment Clause even when the instruction is given on the premises of sectarian schools by government employees as long as the program contains safeguards such as those present in New York City's Title I program. Thus, the twelveyear- old permanent injunction entered in Aguilar against New York City's Title I program was vacated.

The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant

American University Law Review

No abstract provided.

The Socratic Method-Problem Method Dichotomy: The Debate Over Teaching Method Continues, Cynthia G. Hawkins-León

Brigham Young University Education and Law Journal

No abstract provided.

Creating Legally Valid School Administrator Evaluation Policy In Utah, Steve Baldridge

Brigham Young University Education and Law Journal

No abstract provided.

Public Schools And Urinalysis: Assessing The Validity Of Indiana Public Schools' Student Drug Testing Policies After Vernonia, Nancy J. Flatt-Moore

Brigham Young University Education and Law Journal

No abstract provided.

The Establishment Of Charter Schools: A Guide To Legal Issues For Legislatures, Jennifer T. Wall

Brigham Young University Education and Law Journal

No abstract provided.

Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson

Brigham Young University Education and Law Journal

No abstract provided.

Roosevelt V. Bishop: Balancing Local Interests With State Equity Interests In School Financing, Hinckley A. Jones-Sanpei

Brigham Young University Education and Law Journal

No abstract provided.

Education Reform And Education Quality: Is The Reconstitution The Answer?, Kelly C. Rozmus

Brigham Young University Education and Law Journal

No abstract provided.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise

Cornell Law Faculty Publications

Professor Heise reports findings from his on-going empirical study of judicial impact in the school finance context. The study employs interrupted time series analyses to explore the independent effect of successful school finance equity court decisions on two key outcome variables, centralization and total educational spending levels. The results cast some doubt about long-held assumptions regarding the efficacy of court decisions. The author argues that the results also uncover important clues that help explain the recent fundamental shift in school finance litigation theory from equity to adequacy.

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Journal of Law and the Public Interest

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Journal of Law and the Public Interest

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …

Nqsi: Quality Schools Come From Quality People, Anita O. Poston, Thomas B. Lockamy, Gary L. Ruegsegger

Richmond Journal of Law and the Public Interest

Since the time of the now fabled one room schoolhouse, American schools have undergone tremendous change socially, structurally, and instructionally. Our public schools are under the microscope like never before. Charter schools and tuition vouchers circle above public education like vultures. New special education regulations loom menacingly on the horizon. Prophets of doom are on every street comer and in every Internet chat room. The Virginia General Assembly has mandated higher standards and tougher discipline. Innumerable publications document both technology's explosion and the American family's implosion. Against this seemingly foreboding backdrop, a school district in Southeastern Virginia researched, designed, and …

New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer

Scholarly Works

No abstract provided.

Affirmative Action, Ethnic Minorities And China's Universities, Barry Sautman

Washington International Law Journal

China greatly expanded its longstanding set of preferential policies for ethnic minorities in the 1980s and 1990s. Affirmative action in higher education annually allows for the admission of tens of thousands of ethnic minority students who, based on their national entrance examination scores alone, would be unable to gain a much sought-after place in one of the country's thousand universities. The variety of ways in which the admission and retention of PRC minority students are facilitated by laws, regulations and policies are examined, as are attitudes toward affirmative action on the part of Han majority and ethnic minority students. In …

On Long-Haul Lawyering, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes

Michigan Journal of Race and Law

In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …

Affirmative Action: Where Is It Coming From And Where Is It Going?, Denise Page Hood

Michigan Journal of Race and Law

A review of We Wont Go Back: Making the Case for Affirmative Action by Charles R. Lawrence III & Mari J. Matsuda

The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson

Richmond Journal of Law and the Public Interest

Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …