Law Commons^™

Quid Pro Quo: Restoring Educational Primacy To College Basketball, Tanyon T. Lynch

Marquette Sports Law Review

No abstract provided.

Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero

Journal Articles

Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.

Public Education As Public Space: Some Reflections On The Unfinished Work Of Marc Feldman, Richard C. Boldt

Maryland Law Review

No abstract provided.

Mclaurin's Seat: The Need For Racial Inclusion In Legal Education, Margaret M. Russell

Fordham Law Review

No abstract provided.

The Law School Clinic: Legal Education In The Interests Of Justice, Stephen Wizner

Fordham Law Review

No abstract provided.

Public School Education About Beginnings: Creationism, No! Truth About Science, Yes!, Daniel G. Gibbens

Oklahoma Law Review

No abstract provided.

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Journal Articles

As this Essay goes to press, the Supreme Court is considering whether Ohio's school-choice program violates the First Amendment to the United States Constitution. In my view, the Ohio program is sound public policy, and it is consistent with the Justices' present understanding of the Establishment Clause. I also believe that the Court will and should permit this experiment, and our conversations about its merits, to continue. The purpose of this Essay, though, is not to predict or evaluate ex ante the Court's decision. Instead, my primary aim is to suggest and then sketch a few broad themes that--once the …

Comparing The Adequacy Of New Jersey And Kentucky Court Mandates, Statutes And Regulations To Remedy Unconstitutional Public Education, Steven G. Block

Seton Hall University Dissertations and Theses (ETDs)

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One View To Add To The Many, Bill Piatt

Faculty Articles

The United States offers its citizens the opportunity to participate in the legal and political system through which it governs. The Constitution ensures that its citizens may engage, participate, and represent the body politics in government and the application of its laws. The recent attacks on America and the failure of the immigration system in monitoring its applicants has resulted in more restrictive immigration laws and policy.

The country’s legal education system must continue to improve its efforts in diversifying the nation’s law schools. More minorities should be represented as students, professors, and deans. Accomplishing a more diversified legal education …

Zelman V. Simmons-Harris And The Politicization Of Religion, Lawrence Hamermesh

Lawrence A. Hamermesh

No abstract provided.

Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman

New England Journal of Public Policy

Advances in the educational and occupational status of women in the United States over the past quarter century have greatly expanded the participation of women in the workforce. However, economic and social changes in women’s lives have put pressure on traditional family roles and on the political system to respond to the problems families face balancing work and family responsibilities. Initiatives for paid family leave in Massachusetts reflect the newfound political strength of women in politics — as leaders of political organizations, as elected officials, and as voters — and the willingness of the state’s political elite to grapple with …

Approving Charter Schools: The Gatekeeper Function, Stephen D. Sugarman

Stephen D Sugarman

Charter schools hold great promise to reform and improve K-12 education. Charter school authorizors must tread a narrow line between giving the schools the necessary autonomy and assuring that several key public values are being upheld. This article examines the chartering process and makes a range of reform recommendations.

The New Face Of School Desegregation, Kristi L. Bowman

Duke Law Journal

No abstract provided.

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Nevada Law Journal

No abstract provided.

Mandatory Bankruptcy Counseling: The Canadian Experience, Lain Ramsay

Fordham Journal of Corporate & Financial Law

No abstract provided.

Censorship Tsunami Spares College Media: To Protect Free Expression On Public Campuses, Lessons From The "College Hazelwood" Case, Richard J. Peltz-Steele

Faculty Publications

Since the advent of journalism schools in the college academy, student publications have taken their place as a vital component of campus life. As counterparts to the Fourth Estate in the society at large, college journalists act as watchdogs on student government, ensuring that student money is wisely spent and student justice equitably administered. As an outpost of the Fourth Estate, college journalism serves all the public by monitoring the administration of higher education. In September 1999, a decision from the U.S. Court of Appeals for the Sixth Circuit threatened to radically distort the face of college journalism by rendering …

Digital Signatures And Certification Authorities For A Central American High-Tech Powerhouse: The Need For E-Commerce Legislation In Costa Rica, Matthew Thibaut

ILSA Journal of International & Comparative Law

Legislative proposals addressing electronic commerce (e-commerce) are primarily concentrated in the United States, Europe, and various areas in Asia

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Paul Diller

No abstract provided.

A Case Of Unconstitutional Immigration: The Importation Of England's National Curriculum To The United States, Jaime S. Boutwell

Vanderbilt Journal of Transnational Law

The decline in the quality of the American educational system continues to spawn debate and criticism across the nation. Despite many suggestions and arguments on how to improve American schools, such as voucher systems, smaller class size, and higher teacher qualifications, the concern, while deeply felt, appears to be empty rhetoric. Teachers' low salaries, the disparity in funding among schools, and the lack of parent and community involvement demonstrate America's apathy towards education reform. To effectuate meaningful changes in education, American communities must reach consensus on education's purpose and importance.

The failure of schools requires America to take action. State …

Common Schools And The Common Good: Reflections On The School-Choice Debate, Richard W. Garnett

Journal Articles

Thank you very much for this timely and important discussion on school choice, religious faith, and the public good.

First things first—Steven Green is right: The Cleveland school-voucher case is headed for the Supreme Court. And I am afraid that Mr. Green is also correct when he observes that the question whether the First Amendment permits States to experiment with meaningful choice-based education reform will likely turn on Justice O'Connor's fine-tuned aesthetic reactions to the minutiae of Ohio's school-choice experiment.

Putting aside for now the particulars of the Cleveland case, though, I would like to propose for your consideration a …

Transforming Education: The Lesson From Argentina, Anne P. Dupre

Vanderbilt Journal of Transnational Law

This Article traces education reforms in Argentina from the colonial period to the present. Specifically, the Article focuses on La Ley Federal de Educacion, passed in 1993, which sought to reform primary and secondary education throughout Argentina by promoting educational equity through a just distribution of educational services and opportunity.

The Article begins with a description of the current Argentine federal republic and the relationship of the federal government and the provinces. Next, the Article describes the development of the Argentine education system.

It continues by explaining the backdrop of the adoption of Ley Federal. The Author describes the act's …

"The University Works Because We Do": Collective Bargaining Rights For Graduate Assistants, Grant M. Hayden

Fordham Law Review

No abstract provided.

The Domain Of Civic Virtue In A Good Society: Families, Schools, And Sex Equality, Linda C. Mcclain

Fordham Law Review

No abstract provided.

Report Of The Education Working Group, Naomi Lynch, Virginia Strand

Fordham Law Review

No abstract provided.

Dispelling The Misconceptions Raised By The Davis Dissent, Joan E. Schaffner

GW Law Faculty Publications & Other Works

This article argues that the Supreme Court’s majority opinion in Davis v. Monroe County Board of Education did not do enough to explicitly assuage the dissenters’ concerns and aims to do so itself. Davis permitted liability for school districts that purposely ignore instances of student-on-student sexual harassment that deprived a student of the opportunity for education. The three issues raised by the dissent were federalism, whether the conduct at issue is sexual harassment, and First Amendment concerns about the aggressor’s speech being protected. In response, I argue that the majority opinion does not violate federalism principles, the harassment qualifies as …

Choosing Equality: School Choice, The Consitution, And Civil Society By Joseph P. Viteritti, Brian P. Marron

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Does The Individuals With Disabilities Education Act Exclude Gifted And Talented Children With Emotional Disabilities - An Analysis Of J.D. V. Pawlet., Laura Ketterman

St. Mary's Law Journal

Disabled children benefit from federal legislation which guarantees a free, appropriate education. While no federal mandate requires providing special education for gifted and talented children, the government encourages schools to offer gifted and talented programs. Gifted and talented children with emotional disabilities, however, often fall between these two groups and do not qualify for special education under any legislation. Unfortunately, in many gifted and talented children with disabilities the gift hides the disability—or the disability hides the gift. To compound the problem, legislation and recent court decisions fail to recognize that gifted and talented children have unique needs which should …

Taas And Gi Forum V. Texas Education Agency: A Critical Analysis And Proposal For Redressing Problems With The Standardized Testing In Texas., Blakely Latham Fernandez

St. Mary's Law Journal

Texas’s use of the Texas Assessment of Academic Skills (TAAS) test as an accountability program has had numerous negative and far-reaching effects on minorities. Today, students in Texas public schools first take the TAAS test in the third grade. Students continue to take a form of the TAAS test each year, with the exit-level assessment initially given in the eleventh grade. Students must pass all four sections–Mathematics, English, Science, and Social Studies–in order to graduate and receive their high school diploma. Although devised to effectively motivate students, schools, and teachers with the goal of enhancing educational standards, the TAAS test …

Affirmative Action And Minority Enrollments In Medical And Law Schools By Susan Welch And John Gruhl, Mark J. Sullivan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …