Education Law Commons^™

Reflections On Justice Kennedy's Opinion In Parents Involved: Why Fifty Years Of Experience Shows Kennedy Is Right, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Demise Of The Talented Tenth: Affirmative Action And The Increasing Underrepresentation Of Ascendant Blacks At Selective Educational Institutions, Kevin D. Brown, Jeannine Bell

Articles by Maurer Faculty

Over the past 30 years America has experienced both a substantial increase in the percentage of blacks multiracial blacks and an unprecedented influx of voluntary immigration of blacks primarily from Africa and the Caribbean. The percentage of foreign-born black immigrants reached 8% of the black population in 2005, and no doubt is higher today. There is evidence that suggests not only that multiracial blacks and foreign-born black immigrants and their sons and daughters constitute a disproportionate percentage of black students in selective higher education programs, but their percentages are larger than most people realize. This article addresses the resulting change …

Lessons Learned From Comparing The Application Of Constitutional Law And Anti-Discrimination Law To African Americans In The U.S. And Dalits In India In The Context Of Higher Education, Kevin D. Brown, Vinay Sitapati

Articles by Maurer Faculty

In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. and Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society; neither group is completely isolated from the majority population responsible for the discrimination; and African-Americans and Dalits approximate similar percentages of their country's population. Based upon the 2000 census, African-Americans constitute 12.7% of the American populations, and, according to the 1991 Census Report of India, Dalits make up 16.5% …

Symposium: Race Across Boundaries: Introduction, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Protecting Race-Exclusive Scholarships From Extinction With An Alternative Compelling State Interest, Andrija Samardzich

Indiana Law Journal

No abstract provided.

How The Xechem Decision May Insulate State Universities From Correction Of Inventorship Suits, Stacey Drews

Indiana Law Journal

No abstract provided.

The Supreme Court's Role In The Growing School Choice Movement, Kevin D. Brown

Articles by Maurer Faculty

The expansion of school choice in elementary and secondary education, particularly in urban areas, is one of largest current educational reform movements sweeping the nation. This is true despite the fact that it is still too early for a consensus to develop about the educational benefits of increased choice. 1 Society always precedes schooling. Thus, major educational reforms pass in and out of favor depending on social conditions and how prevailing patterns of understanding interpret those conditions.2 Among the most significant social developments influencing educational reforms are legal decisions. Since the Supreme Court is the final authority on constitutional law, …

Forced To Punt: How The Bowl Championship Series And The Intercollegiate Arms Race Negatively Impact The Policy Objectives Of Title Lx, Kevin J. Rapp

Indiana Law Journal

No abstract provided.

In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn

Indiana Law Journal

No abstract provided.

Science, Globalization, And Educational Governance: The Political Rationalities Of The New Managerialism, Kathleen D. Hall

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

The Globalization Of Multicultural Education, Margaret Sutton

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Confronting The Privatization And Commercialization Of Academic Research: An Analysis Of Social Implications At The Local, National, And Global Levels, Risa L. Lieberwitz

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

French And U.S. Modes Of Educational Regulation Facing Modernity, Denis Meuret

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Rallying The Armies Or Bridging The Gulf: Questioning The Significance Of Faith-Based Educational Initiatives In A Global Age, Amy Stambach

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

"Glocalizing" Chinese Higher Education: Groping For Stones To Cross The River, Heidi Ross, Jingjing Lou

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Programs For Democratic Citizenship In Mexico's Ministry Of Education: Local Appropriations Of Global Cultural Flows, Bradley A. U. Levinson

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Globalizing What: Education As A Human Right Or As A Traded Service?, Katarina Tomasevski

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

To What Ends: Educational Reform Around The World, Robert F. Arnove

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

The Language Of Higher Education Assessment: Legislative Concerns In A Global Context, Bonnie Urciuoli

Indiana Journal of Global Legal Studies

Globalization and Education Symposium

Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis

Indiana Law Journal

No abstract provided.

The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown

Articles by Maurer Faculty

Justice O'Connor’s opinion for the United States Supreme Court in Grutter v. Bollinger upheld the University of Michigan Law School’s affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative action articulated by Justice O'Connor implicitly recognized that underrepresented minorities with a history of discrimination are not as academically qualified as their non-Hispanic white (and Asian counterparts). Their inclusion in affirmative action plans is based on the belief that they provide enough educational and non-educational benefits to offset their academic shortcomings.

There are measurable …

After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

Percentage Plans: An Inadequate Substitute For Affirmative Action In Higher Education Admissions, Jennifer L. Shea

Indiana Law Journal

No abstract provided.

Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Protecting Student Privacy: Reporting Campus Crimes As An Alternative To Disclosing Student Disciplinary Records, Tamu K. Walton

Indiana Law Journal

No abstract provided.

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …