Education Law Commons^™

Is There A Right To Academic Freedom?, Frederick Schauer

University of Colorado Law Review

No abstract provided.

Bias, "Balance," And Beyond: New Threats To Academic Freedom, Robert M. O'Neil

University of Colorado Law Review

No abstract provided.

Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun

Publications

No abstract provided.

Foreword, Richard B. Collins

Publications

No abstract provided.

Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss

Publications

When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …

Warning Bell: The Inherent Difficulties Of Responding To Student-On-Student Sexual Harassment In Colorado Middle Schools, M. Brent Case

University of Colorado Law Review

No abstract provided.

Stepping Through Grutter's Open Doors: What The University Of Michigan Affirmative Action Cases Mean For Race-Conscious Government Decisionmaking, Helen Norton

Publications

In Grutter, a majority of the Court for the first time identified an instrumental justification for race-based government decisionmaking as compelling - specifically, a public law school's interest in attaining a diverse student body. Grutter not only recognized the value of diversity in higher education, but left open the possibility that the Court might find similar justifications compelling as well.

The switch to instrumental justifications for affirmative action appears a strategic response to the Court's narrowing of the availability of remedial rationales. A number of thoughtful commentators, however, have reacted to this trend with concern and even dismay, questioning …

The Academic-Industrial Complex: A Warning To Universities, James Stuart

University of Colorado Law Review

No abstract provided.

Abandoning Principles: Qualified Tuition Programs And Wealth Transfer Taxation Doctrine, Wayne M. Gazur

Publications

In 1996 Congress gave its imprimatur to a modest qualified tuition program provision. Over the course of the next five years the provision was expanded, providing additional wealth transfer taxation and income taxation benefits. This essay proposes that unless limited, such benefits are inconsistent with established taxation principles and also have the potential to undermine the integrity of the wealth transfer tax structure and the progressive nature of the income tax.

Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr

Publications

No abstract provided.

A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss

Publications

No abstract provided.

Access, Adequacy And Equality: The Constitutionality Of School Fee Financing In Public Education, Daria Roithmayr

Publications

This article explores the question of whether charging school fees for public education violates s 29 or s 9 of the Constitution. The article concludes that fees may be unconstitutional, for two reasons. First, charging school fees may violate learners' rights to basic education under s 29, because a fee-based financing system creates problems with both access and adequacy. Despite the availability of exemptions for the poor, the school fee regime of financing appears to completely bar access for some learners. It also unconstitutionally burdens the right to access for others by requiring families to expend significant portions of …

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

Publications

No abstract provided.

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

Publications

No abstract provided.

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Publications

No abstract provided.

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Publications

No abstract provided.

Vernonia School District 47j V. Acton: A Step Toward Upholding Suspicionless Dog Sniff Searches In Public Schools, Jennifer Bradfield

University of Colorado Law Review

No abstract provided.

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.

Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel

Publications

No abstract provided.

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Publications

No abstract provided.

Controlling The Structural Injunction, Robert F. Nagel

Publications

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.