Education Law Commons^™

Education

Touro Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.

Assessing The Efficacy Of School Desegregation, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

State Constitutions, School Finance Litigation, And The "Third Wave": From Equity To Adequacy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

The Wall Crumbles: A Look At The Establishment Clause Rosenberger V. Rector & Visitors Of The University Of Virginia, Paul L. Hicks

West Virginia Law Review

No abstract provided.

State Constitutional Litigation, Educational Finance, And Legal Impact: An Empirical Analysis, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune

University of Michigan Journal of Law Reform

High-poverty schools, and the students who attend them, have historically faced substantial challenges in providing and receiving, adequate education. Despite some relief from the courts, school finance remedies that require the redistribution of monetary aid to low-wealth districts have encountered strong political opposition. In this Article, Professor Clune makes a renewed claim for accelerated education as the primary focus of adequacy litigation in school reform cases. He describes the nation's educational condition, in which there exists a disturbing correlation between poverty and low educational outcomes. He then drafts a vision of a comprehensive, school reform remedy, one that emphasizes institutional …

School Finance Adequacy As Vertical Equity, Julie K. Underwood

University of Michigan Journal of Law Reform

In this Article, Dean Underwood explains that school finance cases can be divided into three waves of reform. The first wave involved efforts to use the Federal Equal Protection Clause to overturn financing systems. Litigants in the second wave turned to state equal protection and due process clauses. Finally, the third wave involved the utilization of education clauses in state constitutions as the predominant litigation vehicle. These three waves embody two primary approaches to school finance litigation. The first approach involves a challenge to the adequacy of a state's funding system under either the state or federal equal protection clause, …

Establishing Education Program Inadequacy: The Alabama Example, Martha I. Morgan, Adam S. Cohen, Helen Hershkoff

University of Michigan Journal of Law Reform

The authors draw on their experience as attorneys for a statewide class of plaintiff school children in the liability phase of ongoing public education reform litigation in Alabama to demonstrate the availability of state and nationally recognized standards concerning educational resources (inputs) and results (outputs) that can serve as evidentiary tools for assessing and for establishing a state public education system's failure to satisfy constitutional mandates of educational adequacy. The Article discusses the usefulness and limitations of using such standards as a starting point in a court's constitutional analysis. It suggests an integrated approach that links input and output standards …

Achieving Equity And Excellence In Kentucky Education, C. Scott Trimble, Andrew C. Forsaith

University of Michigan Journal of Law Reform

In this Article, Trimble and Forsaith discuss the landmark Kentucky school finance case, Rose v. Council for Better Education, 790 S.W.2d 186 (Ky. 1989), and the school reform efforts it spawned. In Council for Better Education, the Kentucky Supreme Court held that the state had failed its duty under the state constitution to provide all students with an adequate education, which it defined in terms of seven categories of knowledge and skills students should acquire. The State General Assembly responded with the Kentucky Education Reform Act (KERA), which significantly boosted state funding as well as established an ambitious accountability system …

Oklahoma School Finance Litigation: Shifting From Equity To Adequacy, Mark S. Grossman

University of Michigan Journal of Law Reform

This Article traces the history of Oklahoma school finance litigation from the initial challenge based on funding inequity to a recent lawsuit founded on alleged constitutional inadequacies in the state system. Although the legal challenge based on funding inequity was unsuccessful in the courts, the pendency of the suit helped push the state legislature toward some reforms. The threat of a new lawsuit based on alleged inadequacies in the state school system, together with a serious funding shortfall, propelled a comprehensive education reform plan through the state legislature in 1990. The association of local school boards that led the equity …

Constitutional Law — "Words That Injure: Laws That Silence:" Campus Hate Speech Codes And The Threat To American Education, Jeanne M. Craddock

Florida State University Law Review

No abstract provided.

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduations Still Be Constitutional?, Thomas A. Schweitzer

Brigham Young University Journal of Public Law

No abstract provided.

Is Home Schooling Constitutional?, Wendy Wheeler

Brigham Young University Education and Law Journal

No abstract provided.

Balanced Scholarship And Racial Balance, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.

Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer

UIC Law Review

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.

The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips

Brigham Young University Journal of Public Law

No abstract provided.

Recognizing Constitutional Freedoms In The Public Schools: Reasserting State And Local Educational Policy And Practive Through Non-Judicial Law, Matthew Hilton

Brigham Young University Education and Law Journal

No abstract provided.

Free Speech On College Campuses: Protecting The First Amendment In The Marketplace Of Ideas, Melanie A. Moore

West Virginia Law Review

No abstract provided.

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.

Public Forum Doctrine And The Perils Of Categorical Thinking: Lessons From Lamb's Chapel, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, the intersection of the Religion and Speech Clauses of the First Amendment has become increasingly controversial particularly in the context of public schooling. Religious group meetings, the distribution of religious literature, the discussion of religious themes, and the recitation of prayers at graduation ceremonies have all forced the courts to weigh and re-weigh the right to individual speech against the responsibility of the state to stay within the bounds of Establishment Clause doctrine. Several legal and political factors have fueled this debate. Although the Supreme Court has reaffirmed on several occasions the unconstitutionality of organized prayer …

Planned Parenthood V. Clark County School District: "Having Your Cake And Eating It Too" In Public School Free Speech Cases, Curtis Anderson

BYU Law Review

No abstract provided.

Schools As Intellectual And Moral Associations, Bruce C. Hafen

BYU Law Review

No abstract provided.

The Courts Vs. The Cities, Michael Lewyn

Scholarly Works

This article suggests that the federal courts' 20th-century desegregation case law contributed to suburban sprawl by encouraging "white flight" from central cities.