Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (14)
- Civil Rights and Discrimination (11)
- Law and Race (10)
- State and Local Government Law (6)
- First Amendment (5)
-
- Law and Politics (5)
- Constitutional Law (3)
- Fourteenth Amendment (3)
- Law and Gender (3)
- Legal Profession (3)
- Legislation (3)
- Civil Procedure (2)
- Criminal Law (2)
- Family Law (2)
- Intellectual Property Law (2)
- Labor and Employment Law (2)
- Torts (2)
- Administrative Law (1)
- Antitrust and Trade Regulation (1)
- Civil Law (1)
- Election Law (1)
- Entertainment, Arts, and Sports Law (1)
- Health Law and Policy (1)
- Jurisprudence (1)
- Law and Economics (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Public Interest (1)
- Keyword
-
- Education (19)
- Public schools (4)
- School choice (4)
- Special education (3)
- Charter schools (2)
-
- Disestablishment (2)
- Diversity (2)
- Education; New Orleans; charter schools (2)
- Education; New Orleans; voucher programs (2)
- Public education (2)
- Public school (2)
- School reform (2)
- School system (2)
- School vouchers (2)
- Sexual harassment (2)
- Accountablity (1)
- Acheivement gap (1)
- Admissions (1)
- Affirmative action (1)
- Anti-heterosexist education (1)
- Autism (1)
- BIPOC; Board of Education v. Pico; book bans; book removals; constitutional law; equal protection; First Amendment; LGBTQ; PEN American Center v. Escambia County; right to receive information (1)
- Campaign for fiscal equity inc v. state (1)
- Child (1)
- Child development (1)
- Children (1)
- City board (1)
- City school district (1)
- Civil Rights (1)
- Civil procedure; parent rights; parental rights; pro se; self representation; federal courts; minors; parents (1)
- Publication Year
- Publication
- Publication Type
Articles 61 - 71 of 71
Full-Text Articles in Education Law
The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief
The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief
Fordham Urban Law Journal
In recent years education has evolved into the country's number one public concern. Presidential, gubernatorial, mayoral, and legislative candidates all claim to care about educating our children. Successful schools should be used by educators and policy-makers as models. In order to reproduce the success of these schools, the reasons for their success must be identified. A school's achievement data gives important indications of why it succeeds. There are also innumerable studies and reports listing factors enabling school success. The Children's School in Brooklyn, New York is a school worthy of study. The leadership is superb; teachers know their students and …
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein
Faculty Scholarship
Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …
Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli
Sheff V. O'Neill: The Consequences Of Educational Table-Scraps For Poor Urban Minority Schools, Alicia L. Mioli
Fordham Urban Law Journal
This Note explores the debate between colorblindness and race consciousness while arguing that the multidistrict integration remedy called for by Sheff v. O'Neill does not directly address the true injury faced by minority students: inferior education. It examines the facts and background on the Sheff decision as well as other Connecticut cases involving school funding. Colorblind and race conscious theory is outlined as well as how each theory interacts with education. The Note concludes by explaining how integrationalists are missing the solution to the educational problems faced by minority students and how the true solution to them are not backward-looking, …
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 …
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Fordham Urban Law Journal
This Note argues that in peer harassment cases, school districts should face liability under a “known or should have known” standard where the school’s intent to discriminate may be determined by the circumstances of the case. Part I provides a brief historical overview of Title IX and the traditional forms of hostile environment harassment that it has been used to combat, demonstrating that courts use the statute to punish harassment where the school has reason to know of the harassment and fails to take appropriate action. Part II explores a subset of hostile environment cases where U.S. circuit courts are …
School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman
School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman
Fordham Urban Law Journal
The introduction last spring of President Bush's America 2000 Excellence in Education Act to underwrite state and local programs which provide vouchers to enable parents to choose public, private or religious schooling for their children, has moved "school choice" to the forefront of the national education reform agenda. Nowhere is this more prevalent than in urban centers, where the breakdown of the public education system has been the focus of considerable attention and debate. The privatization of education in New York City, using vouchers, would mean the loss of legally defined procedural and participatory rights for students and parents, as …
Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn
Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn
Fordham Urban Law Journal
Spending on public education is primarily an obligation of state legislature and local school districts in the United States. Legislatures determine not only the amount of education spending, but also how much money is to be given to specific school districts. As a result, there have been growing discrepancies over how much financial assistance one district will have over another, leaving children from poor and fiscally overburdened districts at a disadvantage. This Note focuses on the New York case, Levittown v. Nyquist, as well as the New York funding formula, and ultimately recommends adoption of a school finance system that …
Educational Malpractice: When Can Johnny Sue?
Educational Malpractice: When Can Johnny Sue?
Fordham Urban Law Journal
This comment explores three avenues to pursue educational malpractice suits. First, a negligence action for malpractice. Second, a cause of action for negligent misrepresentation. And finally, an action sounding in negligence for breach of statutory duty. Each avenue is explored in detail in terms of the likelihood of success. Importantly, the comment recognizes the inherent difficult of pursuing any education malpractice claim.
New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail
New York City School Decentralization: The Respective Powers Of The City Board Of Education And The Community School Boards, Kenneth R. Mcgrail
Fordham Urban Law Journal
The city of New York constitutes a single school district and the city Board of Education is charged with the general management and control of educational affairs in the city school district. The Board is subject to the plenary powers of the State Board of Regents and the State Commissioner of Education. Local school boards existed within the city school district but functioned largely advisory roles until the State Legislature began restructuring the New York City School District in 1968 and major legislation changed the city district into a decentralized system. The change resulted from the belief that community-base school …
Book Review - Urban School Chiefs Under Fire, Donald L. Herdman
Book Review - Urban School Chiefs Under Fire, Donald L. Herdman
Fordham Urban Law Journal
Urban School Chiefs Under Fire, by Larry Cuban, gives life to the study of the urban environment by inviting the readers to meet and experience life with three giants of the public school system, Benjamin Willis (Chicago), Carl Hansen (Washington, D.C.), and Harold Spears (San Francisco). Dr. Cuban's stimulating and well-documented biography of three powerful urban leaders permits readers a rare behind-the-scenes glimpse into the world of these men, and their service during periods of great urban sensitivity to ethnic imbalance and economic decay. Dr. Cuban not only provides personal vignettes of these three men but also engages the reader …
Note: Bilingual Education - A Problem Of "Substantial" Numbers
Note: Bilingual Education - A Problem Of "Substantial" Numbers
Fordham Urban Law Journal
This unsigned note argues that the Supreme Court should reexamine the rights of language minority students under 42 U.S.C. §2000d in order to clarify its holding in Lau v. Nichols. In that case, the Court established the right of non-English speaking children to receive compensatory language instruction under that statute. The note analogizes language minority children to handicapped children who the Court has held are entitled to receive a minimal education which is geared toward their needs. Since language minority students may not be able to obtain minimal education without compensatory language instruction, they may be entitled to such instruction.