Law Commons^™

“Pick”Ering The Speech Rights Of Public School Teachers: Arguing For A Movement By Courts Toward The Hazelwood-Tinker Standard Under The First Amendment, Heather P. Bennett

ExpressO

This Note addresses freedom of speech issues facing the nation's public schools, concentrating on the recent decision by the District Court for the Eastern District of Virginia, Lee v. York County School Division, for the final paper in my First Amendment course. Ultimately, this Note analyzes the court’s decision in this case and both standards set forth by the Supreme Court in dealing with free speech rights in the field of public education, which are currently creating a circuit split between the Courts of Appeals. The Note argues that the Hazelwood-Tinker standard applied to student speech should be the general …

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma …

Summary Of Education Law, Arthur Lang

Arthur Lang

Summary of education law following chapters and references in Michael Imber & Tyll van Gell, Education Law, Lawrence Erlbaum Associates, Publishers, Mahwah, New Jersey (2004)

Does Law School Curriculum Affect Bar Examination Passage? An Empirical Analysis Of The Factors Which Were Related To Bar Examination Passage Between 2001 And 2006 At A Midwestern Law School, Douglas Rush, Hisako Matsuo

ExpressO

Does Law School Curriculum Affect Bar Examination Passage? Abstract A quantitative, empirical study was undertaken to determine whether there was a relationship between the number of bar examination subject matter courses taken in law school and bar examination passage. Previous studies reported relationships between LSAT scores, undergraduate grade point averages (UGPA), law school class rank and bar examination passage. Many law schools are advocating or mandating that students with low class rank take upper division, bar examination subject matter courses in an effort to improve the bar examination passage rate for those students. This study examined all 2001-2005 graduates of …

(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies

Human Rights & Human Welfare

© Gareth Davies. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Cornell Law Faculty Publications

In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas must work to better protect the legal rights of pregnant teenagers within its school districts. Without statewide requirements to ensure the elimination of pregnancy discrimination against students, school districts’ policies vary greatly and often include policies counter to the protections afforded both in Title IX and the Texas Education Code. Title IX requires the choice to attend an alternative school be completely voluntary. However, upon inspection, many Texas schools seem to violate this requirement by compelling or pressuring pregnant students to attend alternative education programs instead of adequately informing them of their educational options. The Texas Education Code guarantees …

School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King

UF Law Faculty Publications

Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.

Justifying Affirmative Action In K-12 Private Schools, Sharon H. Lee

ExpressO

In this Comment, the author examines the consequences of using substantially identical rules to govern affirmative action in both private employers and private schools. The author explores the law that governs private affirmative action and the justifications that courts have accepted for private affirmative action, focusing on whether these justifications are internal or external to the defendant. The author contends that the Supreme Court’s dicta in Johnson v. Transportation Agency, viewed in light of developments in Equal Protection Clause jurisprudence, weigh in favor of using external imbalances to justify private affirmative action. The author demonstrates that departing from the affirmative-action …

Parents Involved & Meredith: A Prediction Regarding The (Un)Constitutionality Of Race-Conscious Student Assignment Plans, Eboni S. Nelson

ExpressO

During the October 2006 Term, the United States Supreme Court will consider the constitutionality of voluntary race-conscious student assignment plans as employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education. These cases will mark the Court’s first inquiry regarding the use of race to combat de facto segregation in public education. This article examines the constitutionality of such plans and provides a prediction regarding the Court’s decisions.

The article begins with an analysis of the resegregation trend currently plaguing American educational institutions and identifies two causes for the occurrence: …

After The Gold Rush?: Grutter, Sander And ‘Affirmative Action’ “On The Run…” In The Twenty-First Century, Anthony Vincent Baker

ExpressO

No abstract provided.

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.

Who Should Control Children's Education?: Parents, Children, And The State, Maxine Eichner

ExpressO

The article considers how liberal democracies and their courts should address disputes about children’s education when they arise in public schools. I argue that in a liberal democracy it is inevitable that there will be conflicts among parents, children, and the state’s interests with respect to public education. Given the legitimacy of claims by the community to have a say in how its future citizens should be educated; the equally legitimate claims of parents to have a say in how their own children should be educated; the need for children to develop the autonomy that liberalism demands; and the needs …

Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner

ExpressO

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible.

In contrast …

Five Recommendations To Law Schools Offering Legal Instruction Over The Internet, Daniel C. Powell

ExpressO

This article addresses the emerging market for legal distance education. The market is being driven by recent changes in ABA regulations, as well as specialization in the curriculum, and expanding costs of traditional education. We are seeing the emergence of legal distance education consortiums, which offer a platform for the trading or selling of courses and programs.

However, much skepticism remains about the ability of distance education technology to offer law schools and law students a sufficiently interactive pedagogy. In the words of Supreme Court Justice Ruth Bader Ginsburg legal education is a “shared enterprise, a genuine interactive endeavor” that …

Holostic Learning: Amending The Rowley Test To Clarify The Inclusion Debate, Allan Kickertz

ExpressO

No abstract provided.

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus

ExpressO

This article analyzes the Florida Supreme Court’s recent decision in Bush v. Holmes, in which the court struck down Florida’s school voucher program as a violation of Florida's constitutional uniformity clause. It argues that the court erred by applying a simplistic and ahistorical definition of uniformity, and recommends that future courts applying state constitutional uniformity clauses to school voucher schemes take a different approach.

Specifically, it argues that courts in future cases should begin by acknowledging frankly the necessity of determining the meaning of uniformity. Next, drawing on case law and historical evidence, they should fashion definitions of uniformity that …

School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan

Journal of Race, Gender, and Ethnicity

No abstract provided.

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

ExpressO

In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …

Florida’S Past And Future Roles In Education Finance Reform Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

In federalist parlance, the states often are called laboratories of democracy. Nowhere is this truer than in the field of education, and almost no subset of the education field lends itself to this label more than education finance. Since 1973, with very few notable exceptions, the entire development of the practice of education finance has proceeded through state-specific reforms. These reforms have occurred mostly through legislative policymaking, but the courts have played an important role in directing that policy development.

If one were to seek to observe one of these laboratories in action—to witness the interaction of the courts, the …

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.

The Spirit Of Serrano: Past, Present And Future, Anne Dupre, John Dayton

Scholarly Works

A decades-long school funding revolution continues in the United States. The litigation sparked by the Supreme Court of California's 1971 decision in Serrano v. Priest continues to reshape the legal, political, and educational landscape in the United States, affecting the lives of children, parents, educators, and taxpayers throughout the nation. Serrano-inspired lawsuits have transformed school funding policies nationwide, resulting in billions of dollars in new funding and a notable redistribution of resources among school districts. Serrano-inspired litigation has changed public schools in many states to a degree second only to the transformation that followed Brown v. Board of …

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.

Does Changing The Definition Of Science Solve The Establishment Clause Problem For Teaching Intelligent Design As Science In Public Schools? Doing An End-Run Around The Constitution, Ann Marie Lofaso

The University of New Hampshire Law Review

[Excerpt] "When Charles Darwin published On the Origin of Species By Means of Natural Selection in 1859, it sparked some of the most contentious debates in American intellectual history, debates that continue to rage today. Although these debates have numerous political ramifications, the question posed in this paper is narrow: Does the Establishment Clause permit a particular assessment of current evolutionary theory – intelligent design (“ID”) – to be taught as science in American elementary and secondary public schools? This article shows that it does not.

To understand current disputes over whether and how to teach the origins of life …

Early Predictors Of Sexual Behavior: Implications For Young Adolescents And Their Parents, Lisa D. Lieberman

Department of Public Health Scholarship and Creative Works

The study provides empirical evidence of the independent contribution of nonsexual romantic relationships in the seventh grade to the onset of sexual intercourse by the ninth grade for both males and females. In addition, it shows that among females, seventh graders in serious relationships with older teenagers—uniquely defined as those two or more years older—have an increased likelihood of sex in the ninth grade. Finally, the study demonstrates that seventh graders of both genders who have had serious romantic relationships were already significantly different in the sixth grade from those who have not: They had peers who were more accepting …