Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Seattle University School of Law (188)
- University of Michigan Law School (47)
- University of Richmond (19)
- UIC School of Law (18)
- Touro University Jacob D. Fuchsberg Law Center (11)
-
- Northwestern Pritzker School of Law (10)
- St. Mary's University (10)
- University of Kentucky (10)
- Loyola University Chicago, School of Law (8)
- Washington and Lee University School of Law (8)
- American University Washington College of Law (6)
- Fordham Law School (6)
- Notre Dame Law School (6)
- Texas A&M University School of Law (6)
- University of Colorado Law School (6)
- Brigham Young University Law School (5)
- Cleveland State University (5)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (5)
- Yeshiva University, Cardozo School of Law (5)
- BLR (4)
- Brooklyn Law School (4)
- Roger Williams University (4)
- The University of San Francisco (4)
- University of Georgia School of Law (4)
- University of San Diego (4)
- University of Washington School of Law (4)
- Columbia Law School (3)
- Mississippi Christian University School of Law (3)
- North Carolina Central University School of Law (3)
- Sacred Heart University (3)
- Keyword
-
- Education (43)
- Public schools (35)
- Schools (17)
- Constitution (16)
- Constitutional law (14)
-
- Education Law (14)
- Children (13)
- Law (13)
- Public education (13)
- School finance (13)
- Students (13)
- Education law (12)
- Education reform (12)
- Equality (12)
- Funding (12)
- Michigan (11)
- Law reform (10)
- Race and law (10)
- School districts (10)
- Supreme Court (10)
- Discrimination (9)
- Equity (9)
- First Amendment (9)
- School (9)
- Equal Protection Clause (8)
- Right to education (8)
- School funding (8)
- Adequacy (7)
- Affirmative Action (7)
- Charter schools (7)
- Publication Year
- Publication
-
- Seattle University Law Review (187)
- Michigan Law Review (17)
- UIC Law Review (17)
- University of Michigan Journal of Law Reform (17)
- Faculty Scholarship (14)
-
- Michigan Journal of Race and Law (8)
- Touro Law Review (8)
- Loyola University Chicago Law Journal (6)
- St. Mary's Law Journal (6)
- Supreme Court Case Files (6)
- University of Richmond Law Review (6)
- Kentucky Law Journal (5)
- Law Faculty Scholarly Articles (5)
- Northwestern Journal of Law & Social Policy (5)
- Publications (5)
- Richmond Journal of Law and the Public Interest (5)
- Richmond Public Interest Law Review (5)
- American University Journal of Gender, Social Policy & the Law (4)
- California Regulatory Law Reporter (4)
- Cardozo Law Review (4)
- Cleveland State Law Review (4)
- ExpressO (4)
- Northwestern University Law Review (4)
- Roger Williams University Law Review (4)
- Scholarly Works (4)
- The Scholar: St. Mary's Law Review on Race and Social Justice (4)
- University of San Francisco Law Review (4)
- BYU Law Review (3)
- Faculty Publications (3)
- Journal Articles (3)
- Publication Type
Articles 391 - 420 of 477
Full-Text Articles in Education Law
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
Michigan Journal of Race and Law
The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" …
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Michigan Journal of Race and Law
Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and …
The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew
BYU Law Review
No abstract provided.
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley
UIC Law Review
No abstract provided.
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
Setting A New Standard For Public Education: Revision 6 Increases The Duty Of The State To Make ‘Adequate Provision’ For Florida Schools, Jon L. Mills, Timothy Mclendon
UF Law Faculty Publications
Among the nine revisions proposed to Florida voters by the Constitution Revision Commission in 1998, Revision 6 fundamentally enhanced Florida's responsibility for public education. Revision 6 amended Article IX, Section 1, of the Florida Constitution, which sets forth the State's duty to provide for public education. Entitled “PUBLIC EDUCATION OF CHILDREN,” Revision 6 makes a declaration of the relative importance of education to the people of Florida, and describes as “paramount” the duty of the state to adequately provide for education. Revision 6 goes on to detail and raise the constitutional standard for what constitutes “adequate provision” for public education, …
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
The New Attacks On Religious Freedom Legislation, And Why They Are Wrong, Thomas C. Berg
Cardozo Law Review
No abstract provided.
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Disestablishing Local School Districts As A Remedy For Educational Inadequacy Note, Aaron J. Saiger
Faculty Scholarship
Most state constitutions recognize a right to education, but courts have been hard pressed to respond to violations of that right. Some state courts have imposed financial and substantive reforms, only to see their implementation miscarry as educational deficiencies stubbornly persist. Other state courts, fearing such outcomes, instead treat education claims as nonjusticiable political questions; in these states, public education is a right with no remedy. This Note argues that courts should instead base remedies on state statutes that permit states to disestablish-i.e., to withdraw authority from-deficient school districts. Disestablishment, like other structural remedies, is largely self-implementing and avoids judicial …
Who's In Control? The Courts, The Legislature And The Public In Colorado's School Finance Debate, Christina D. Ponsa-Kraus, Drew Dunphy
Who's In Control? The Courts, The Legislature And The Public In Colorado's School Finance Debate, Christina D. Ponsa-Kraus, Drew Dunphy
Faculty Scholarship
Colorado's school finance story touches on a number of themes familiar to students of school finance litigation: a struggle between those supporting greater resources and those favoring lower taxes; a shift in focus from equity to adequacy; and the difficulty of fostering an informed, widespread dialogue on school finance given the complexity of the funding system. At the same time, certain factors particular to Colorado – a seeming conflict in the state constitution, a number of strict constitutional amendments, and an unusually strong tradition of local control – have dramatically shaped the state's reform process. With a pending lawsuit seeking …
Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo
Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo
Touro Law Review
No abstract provided.
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Brigham Young University Education and Law Journal
No abstract provided.
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
The Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman
Elisabeth Haub School of Law Faculty Publications
This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
God, Money, And Schools: Voucher Programs Impugn The Separation Of Church And State, 30 J. Marshall L. Rev. 1 (1996), Harlan A. Loeb, Debbie N. Kaminer
UIC Law Review
No abstract provided.
Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner
UIC Law Review
No abstract provided.
What's In A Name - Nothing Good If It's Friday: The Seventh Circuit Invalidates Good Friday Public School Holiday, 29 J. Marshall L. Rev. 1031 (1996), Joanne Yasus
UIC Law Review
No abstract provided.
Educational Adequacy: A Theory And Its Remedies, William H. Clune
Educational Adequacy: A Theory And Its Remedies, William H. Clune
University of Michigan Journal of Law Reform
The Articles in this volume explore a broad range of issues raised by adequacy litigation. This Introduction will summarize the Articles, discuss the theory of adequacy, and explore highlights of the Articles' examination of key aspects of judicial remedies.
Accelerated Education As A Remedy For High-Poverty Schools, William H. Clune
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
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
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
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
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 …
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland
UIC Law Review
No abstract provided.
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.
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser
Publications
No abstract provided.
Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn
Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn
UIC Law Review
No abstract provided.
New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak
New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak
Touro Law Review
No abstract provided.
School-Based Decision Making In Kentucky: Dawn Of A New Era Or Nothing New Under The Sun?, Charles J. Russo
School-Based Decision Making In Kentucky: Dawn Of A New Era Or Nothing New Under The Sun?, Charles J. Russo
Kentucky Law Journal
No abstract provided.
Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz
Public School Financing In The United States: More On The Dark Side Of Intermediate Structures, John C. Reitz
BYU Law Review
No abstract provided.
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
The Cause, Effect And Constitutional Consequence Of Unequal Funding: Public Education In Illinois, 26 J. Marshall L. Rev. 399 (1993), John F. Watson
UIC Law Review
No abstract provided.
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
University of Michigan Journal of Law Reform
This Note argues that the only adequate compromise between the pressure to limit taxes and the need to provide both educational quality and equity is to institute a form of full-state funded education. Part I of this Note briefly defines equity in public education and discusses the importance of increasing equity. Part II discusses other values and concerns that arise in the school-finance debate, such as liberty, local control, efficiency, and quality of education. Part III considers several fundamental school-finance alternatives. Part IV provides a historical overview of Michigan school finance reform and a description of the current State School …