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Full-Text Articles in Law
Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman
Gay Talk: Protecting Free Speech For Public School Teachers, Stephen J. Elkind, Peter D. Kauffman
Stephen J Elkind
In Garcetti v. Ceballos, the Supreme Court held that public employees are not entitled to free speech when speaking “pursuant to their official duties.” In most situations, this strips teachers of First Amendment protection when they discuss controversial subjects, such as homosexuality, with their students. To ensure their classrooms are tolerant and accepting environments for homosexual and questioning youth, teachers need free speech protection against adverse employment action their schools might take. The Garcetti Court, acknowledging that “expression related to academic scholarship and classroom instruction implicates” unique constitutional concerns, explicitly left open whether its decision applied in the education …
Is "Different But Equal" The New "Separate But Equal"? Nclb's Single-Sex Schooling Option Signals New Horizons For Some While Challenging Equal Education Convictions For Others , Elaine Ekpo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Avoiding Religious Apartheid: Affording Equal Treatment For Student-Initiated Religious Expression In Public Schools , John W. Whitehead
Pepperdine Law Review
No abstract provided.
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Mandatory Drug Testing Of College Athletes: Are Athletes Being Denied Their Constitutional Rights? , Allison Rose
Pepperdine Law Review
No abstract provided.
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Pepperdine Law Review
No abstract provided.
Public Law And Social Human Rights, Areto A. Imoukuede
Public Law And Social Human Rights, Areto A. Imoukuede
Faculty Books and Book Contributions
This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Faculty Scholarship
This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.