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Full-Text Articles in Law
Due Process Supreme Court Appellate Division Third Department
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
Akron Law Review
It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham
A Jurisprudence Of Equality: The Fourteenth Amendment And School Desegregation, Stewart Graham
Akron Law Review
This paper will deal with the meaning of equality in legal discourse and the social context which underlies that meaning.
Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy
Denial Of Tax Exempt Status For Racially Discriminatory Schools, Bob Jones University V. U.S., Margaret K. Cassidy
Akron Law Review
The extent to which the government may deny tax-exempt status in order to further its goal of eliminating racial discrimination is a question of paramount importance. The United States Supreme Court recently addressed this question in the case of Bob Jones University v. U.S., a consolidated action which involved a conflict between two established public policies: racial equality and religious freedom. The Court held that this nation's policy of racial equality overrides any interest that an educational and religious institution may have in promoting racial discrimination.
Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary Salomone
Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary Salomone
Akron Law Review
Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court’s decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have “an exceedingly persuasive justification” in order to pass muster under the Fourteenth Amendment equal protection clause.1 That decision has become a key factor in recent efforts by school districts to establish single-sex schools …
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross
The Contemporary Significance Of Meyer And Pierce For Parental Rights Issues Involving Education, William G. Ross
Akron Law Review
Despite their ringing declarations about human rights, Meyer and Pierce were both formally decided largely on the basis of property rights -- the liberty of the schools to conduct a business, the right of private school teachers to follow their occupation, and the freedom of the schools and the parents to enter into contracts. Although the Court easily could have decided the cases on the bases of freedom of religion or freedom of speech, the Court had not yet incorporated any part of the Bill of Rights into state law, and it was not prepared to begin the process of …
Constitutional Law—Equal Protection And School Funding In Arkansas, Mark Allison
Constitutional Law—Equal Protection And School Funding In Arkansas, Mark Allison
University of Arkansas at Little Rock Law Review
No abstract provided.
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Due Process As A Management Tool In Schools And Prisons, Elisabeth T. Dreyfuss, Jane C. Knapp
Cleveland State Law Review
This article will explore due process as an effective tool for the management of schools and prisons through a close scrutiny of the fourteenth amendment. The authors will attempt to identify emerging trends in case law and give special attention to Bell v. Wolfish, which may point to a new direction in due process analysis under the Burger Court. The purpose of this article is to propose radical reform of schools and prisons through the involvement of their populations and staffs in the rule-making process. Spawned by a firm belief that only through such democratic processes can the violence and …
Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik
Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik
Florida State University Law Review
Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.
The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq
The Monkey Laws And The Public Schools: A Second Consumption?, Frederic S. Le Clercq
Vanderbilt Law Review
Recent events suggest that the creationist movement is both potent and truly national. in scope. In California, the science curriculum guidelines for public schools were modified by a sympathetic state board of education to accommodate the creationist position.' Science textbooks for use in the public schools of California are being edited to dilute passages on evolution, and creationists almost achieved express recognition of their beliefs in the science texts. In Tennessee, a law has been passed that requires inclusion of the Biblical account of creation in biology textbooks used in the public schools." Similar legislation to require treatment of creationist …