Law Commons^™

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

Derek W. Black

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

Derek W. Black

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Unlocking The Power Of State Constitutions With Equal Protection: The First Step Toward Education As A Federally Protected Right, Derek W. Black

William & Mary Law Review

This Article analyzes the intersection of state constitutional law right at stake and the responsibility for enforcing it. Thus, the scrutiny of this right under federal equal protection would be far different than it was just a few decades ago. Given the states’ weakened ability to enforce these rights, the future of education equity depends on federal intervention. with federal equal protection, revealing how federal equal protection, by relying on state constitutional education standards, can force states to further equalize and increase the resources available to struggling schools. It begins by exploring the extent of inequality and inadequacy in our …

Anti-Zionism As Racism: Campus Anti-Semitism And The Civil Rights Act Of 1964, Kenneth L. Marcus

William & Mary Bill of Rights Journal

No abstract provided.

Why Segregated Schools For Gay Students May Pass A "Separate But Equal" Analysis But Fail Other Issues And Concerns, Louis P. Nappen

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Brown V. Board Of Education After 40 Years: Confronting The Promise, William & Mary Law School

Law School Conferences: Ephemera

Held on May 17-18, 1994 in Williamsburg, Virginia.

Sponsored by the Institute of Bill of Rights Law of The College of William and Mary and Howard University School of Law.

Robinson V. Cahill: The “Thorough And Efficient” Clause, Paul L. Tractenberg

Law and Contemporary Problems

In Robinson V. Cahill, the New Jersey Supreme Court unanimously affirmed a trial court invalidation of the state's school finance statute on the basis of the "thorough and efficient" education clause of the state constitution. This article reviews this case in detail, its genesis, its legal theories, its constitutional guidelines, and its implications for New Jersey and possibly other states.

What Is A “Just” System For Financing Schools: An Evaluation Of Alternative Reforms, Stephan Michelson

Law and Contemporary Problems

Principles for public school finance are outlined with respect to an equitable allocation of educational resources by the state. The argument is advanced that equal dollars per pupil is a practical, reasonable, acceptable and attainable initial basis for school financing. Objections to the equal dollars scheme are considered, leading to an analysis which suggests that the appropriate policy choice for school finance reformers is enactment of full state financing of education.

Northshore School District V. Kinnear: The “General And Uniform” And “Ample Provision” Clauses, William R. Andersen

Law and Contemporary Problems

A description of the background and legal issues involved in the case of Northshore School District V. Kinnear in which the complaint alleged that Washington's system of educational finance provided unequal educational opportunities to the school children in the state and that it also subjected taxpayers to discriminatory treatment. As of this article going to press, a decision has yet to be rendered by the Washington State Supreme Court.

Family Choice: The Next Step In The Quest For Equal Educational Opportunity?, Stephen D. Sugarman

Law and Contemporary Problems

Various policy issues surrounding educational voucher plans are explored: Who would provide schools under such plans? What rules would govern enrollment (including concerns about one-race schools)? What variety of schooling should be permitted and how would they be evaluated? Voucher plans are compared with other related educational reforms in particular, school finance reform. Federal efforts to experiment with voucher plans are discussed in an Appendix.

Serrano V. Priest’S Inputs And Outputs, Kenneth L. Karst

Law and Contemporary Problems

A report on the litigation strategies and cost-quality issues involved in the Serrano V Priest case in which the California Supreme Court ruled that spending for a child's publicly financed education should not be a function of wealth. Also discussed are the relevance of the Supreme Court's Rodriquez decision as well as the response of the California legislature.

Constitutional Law - State Financing Of Public Schools - Violation Of Equal Protection Clause. Serrano V. Priest, 5 Cal. 3d 584, 487 P.2d 1241, 96 Cal. Rptr. 601 (1971), Terry L. Polley

William & Mary Law Review

No abstract provided.