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Articles 331 - 360 of 1040
Full-Text Articles in Education Law
Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner
Determining The Constitutionality Of Public Aid To Parochial Schools After Espinoza, Anna Bryner
Sigma: Journal of Political and International Studies
No abstract provided.
Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro
Special Solicitude: Religious Freedom At America’S Public Universities, William E. Thro
Office of Legal Counsel Academic Publications
Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression …
“Trumping” Affirmative Action, Vinay Harpalani
“Trumping” Affirmative Action, Vinay Harpalani
Faculty Scholarship
This Essay examines the Trump administration’s actions to eliminate affirmative action, along with the broader ramifications of these actions. While former-President Trump’s judicial appointments have garnered much attention, the Essay focuses on the actions of his Department of Justice, Civil Rights Division. It lays out the Department of Justice’s investigations of Harvard and Yale, highlighting how they have augmented recent lawsuits challenging race-conscious admissions policies by Students for Fair Admissions. It considers the timing of the DOJ’s actions, particularly with respect to Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. It examines the strategies used by …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
Who Benefits From Leaving The “Bad” School?, Annabelle V. González
FIU Law Review
No abstract provided.
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon
FIU Law Review
No abstract provided.
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
School “Safety” Measures Jump Constitutional Guardrails, Maryam Ahranjani
Seattle University Law Review
In the wake of George Floyd’s murder and efforts to achieve racial justice through systemic reform, this Article argues that widespread “security” measures in public schools, including embedded law enforcement officers, jump constitutional guardrails. These measures must be rethought in light of their negative impact on all children and in favor of more effective—and constitutionally compliant—alternatives to promote school safety. The Black Lives Matter, #DefundthePolice, #abolishthepolice, and #DefundSchoolPolice movements shine a timely and bright spotlight on how the prisonization of public schools leads to the mistreatment of children, particularly children with disabilities, boys, Black and brown children, and low-income children. …
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Catalytic Courts And Enforcement Of Constitutional Education Funding Provisions, Hugh D. Spitzer, Andy Omara
Articles
It is well-recognized that it is easier for judges to enforce constitutional “negative rights” provisions than positive social and economic rights. This article focuses on the challenges of enforcing one specific positive right: the constitutional right of children to attend adequately funded schools. Our article tests on-the-ground judicial implementation of education funding provisions against the general theoretical framework of judicial interaction with the political branches developed by Katharine Young. We analyze how, in multi-year, multi-decision litigation, constitutional court judges in the three jurisdictions we studied actively experimented with the challenging task of forcing, or enticing, reluctant legislative and executive branches …
Enough Is As Good As A Feast, Noah C. Chauvin
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Seattle University Law Review Online
No abstract provided.
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
William & Mary Law Review
Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Private Schools' Role And Rights In Setting Vaccination Policy: A Constitutional And Statutory Puzzle, Hillel Y. Levin
Scholarly Works
Measles and other vaccine-preventable childhood diseases are making a comeback, as a growing number of parents are electing not to vaccinate their children. May private schools refuse admission to these students? This deceptively simple question raises complex issues of First Amendment law and statutory interpretation, and it also has implications for other current hot-button issues in constitutional law, including whether private schools may discriminate against LGBTQ students. This Article is the first to address the issue of private schools’ rights to exclude unvaccinated children. It finds that the answer is “it depends.” It also offers a model law that states …
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey
Maine Law Review
Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of the male …
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks
Articles
No abstract provided.
In Memory Of Professor James E. Bond, Janet Ainsworth
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values, Troy Lange
Saving The Space: How Free Speech Zones On College Campuses Advance Free Speech Values, Troy Lange
Roger Williams University Law Review
No abstract provided.
A Different Approach To The National Gun Control Debate: Whether Direct Negotiations Between Interest Groups Can Facihtate The Creation Of Meaningful Legislative Policy, Arielle Kraus
Cardozo Journal of Conflict Resolution
This Note aims to shed light on a different approach to the national gun debate. The Background of this Note will explore the origin of the gun debate from both sides, the evolution of both the Gun Rights Lobby, spearheaded by the NRA, and the Gun Control Lobby, and the ways in which their evolutions have impacted the national debate today. The current state of the gun debate addresses the relationship between the polarity of the extreme positions and the political climate. Moderate democratic voices have seemed to disappear altogether, and in their place, extremists on both sides have filled …
The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson
The New "Essential": Rethinking Social Goods In The Age Of Covid-19, Olatunde C.A. Johnson
Faculty Scholarship
The Covid-19 crisis has laid bare the fragility of social insurance systems in the United States and the lack of income security and basic benefits for many workers and residents. The United States has long had weaker protections for workers compared to other liberal democracies racial and economic disparities among those most affected by these dislocations (analyses are hampered by a paucity of demographic data). Those who were socially and economically vulnerable before the pandemic (for example due to homelessness, immigration status, or incarceration) are likely to suffer the most harm. Changes in workplace conditions as a result of the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Title Ix And Official Policy Liability: Maximizing The Law’S Potential To Hold Education Institutions Accountable For Their Responses To Sexual Misconduct, Erin E. Buzuvis
Faculty Scholarship
Title IX, the federal statute that prohibits sex discrimination in education, plays a key role in institutional accountability for sexual misconduct that is perpetrated by a school’s students, faculty, and staff. The Supreme Court has confirmed that Title IX includes an implied right of action for money damages when the institution had actual notice that sexual harassment had occurred, or was likely to occur, and responded to that threat with deliberate indifference. But the deliberate indifference standard has proven to be a high and unpredictable bar for plaintiffs. For this reason, many institutions required the threat of government enforcement—issued in …
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Educational Gerrymandering: Money, Motives, And Constitutional Rights, Derek Black
Faculty Publications
Public school funding plummeted following the Great Recession and failed to recover over the next decade, prompting strikes and protests across the nation. Courts did almost nothing to stop the decline. While a majority of state supreme courts recognize a constitutional right to an adequate or equal education, they increasingly struggle to enforce the right. That right could be approaching a tipping point. Either it evolves, or risks becoming irrelevant.
In the past, courts have focused almost exclusively on the adequacy and equity of funding for at-risk students, demanding that states provide more resources. Courts have failed to ask the …
“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith
“Disturbing Schools” Laws: Disturbing Due Process With Unconstitutionally Vague Limits On Student Behavior, Rachel Smith
Journal of Law and Policy
For over a century, the United States Supreme Court has held, in sum and substance, that students do not “shed their constitutional rights . . . at the schoolhouse gate.” In practice, however, while not shed entirely, many of those rights have been increasingly limited. “Disturbing Schools” Laws subject students to criminal charges for behaving in a distracting or obnoxious manner on campus—behavior which can easily be conceptualized as typical adolescent behavior. Challenges to Disturbing Schools Laws have resulted in opposing outcomes across Circuit Courts. This Note discusses how students may use the Fourth Circuit case Kenny v. Wilson to …
Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti
Indonesian Term Of Address Ustad In Film Utterances: Forms, Functions, And Social Values, Sandy Nugraha, Wiwin Triwinarti
International Review of Humanities Studies
This study analyzes the term of address ustad in Indonesian culture. Indonesia’s religious-themed movies may represent the use of the term of address ustad in daily conversation. In particular, this study aims to describe the patterns of form, the patterns of use, and the social values of the term of address ustad in film utterances. The data of the term of address ustad and its contexts are collected from the utterances in Indonesia’s four Islamic-themed movies. This descriptive qualitative study uses sociopragmatics approach in identifying the functions of the term of address in film discourse. The context of the utterances …
Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala
Preschool For All: Plyler V. Doe In The Context Of Early Childhood Education, Shiva Kooragayala
Northwestern Journal of Law & Social Policy
In its 1982 opinion in Plyler v. Doe, the Supreme Court held that a state could not deny undocumented children living within its borders a public and free K-12 education. This Note argues that Plyler’s protections extend to publicly-funded early childhood education programs that serve children between the ages of three and five. Due to the broad support of researchers, educators, and the general public, early childhood education programs funded by local, state, and the federal governments have become an integral part of a comprehensive public education today. While these early childhood education programs are nominally open to all students …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.