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Articles 1 - 30 of 70
Full-Text Articles in Education Law
Justice In Erotic Spaces, Elena L. Cohen
Justice In Erotic Spaces, Elena L. Cohen
Cardozo Journal of Equal Rights & Social Justice
This Article posits that the concept of "erotic justice" could be used by courts to push back against the current cascade of anti-LGBTQ+ laws and meaningfully improve the lives ofgay and trans people. The beginning of the twenty-first century was widely seen as a time of great progress for LGBTQ+ people, with the legalization of gay marriage in countries across the world seen as the ultimate triumph. Yet there is a strong contemporary movement to re-criminalize the lives of LGBTQ+ people and to remove protections that have been granted by courts. In the U.S., the 2020s have seen an ongoing …
Breaking The Perpetual Social Injustice Cycle By Implementing Race-Neutral Alternatives As A Means To Create Equitable Admissions Practices In Higher Education, Jazmin B. C. Jardim-Phipps
Breaking The Perpetual Social Injustice Cycle By Implementing Race-Neutral Alternatives As A Means To Create Equitable Admissions Practices In Higher Education, Jazmin B. C. Jardim-Phipps
Cardozo Journal of Equal Rights & Social Justice
The article argues that higher education institutions can still achieve the compelling state interest of diversity while complying with the Students for Fair Admissions (SFFA) rulings by replacing race-based admissions with narrowly tailored, race-neutral alternatives. It proposes a model that redefines merit and prioritizes socioeconomic and first-generation status while eliminating legacy preferences to break cycles of systemic social injustice.
The Beginning Of Change: A Long Overdue Shift In Policy For Profound Autism, Molly Mcguinness
The Beginning Of Change: A Long Overdue Shift In Policy For Profound Autism, Molly Mcguinness
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Buried Burdens: Contaminated Lands And The Unfinished Business Of The Alaska Native Claims Settlement Act, Yuwen Huyan
Buried Burdens: Contaminated Lands And The Unfinished Business Of The Alaska Native Claims Settlement Act, Yuwen Huyan
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche
Effectiveness Is Not A Criterion Here: The Curriculum Marketplace And The Students It Leaves Behind, Serena E. Roche
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian
Kendra's Paradox: Redefining The Statutory Approach To Assisted Outpatient Psychiatric Treatment In New York, Matt Donelian
Cardozo Journal of Equal Rights & Social Justice
The note critically examines the limitations of Kendra's Law in New York, which provides Assisted Outpatient Treatment (AOT) for individuals with severe mental illnesses. While the law aims to balance public safety and individual rights, its strict eligibility criteria often prevent timely intervention, leading to worse outcomes for those in need. The note proposes reforming the law to prioritize clinical assessments over past actions, enabling earlier intervention while respecting individual rights. This reform would address the law's retroactive nature and promote a more proactive, compassionate approach to mental health care.
Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman
Cardozo Journal of Equal Rights & Social Justice
The note examines the groundbreaking implications of New Jersey Bill S147, which mandates the New Jersey Department of Transportation (NJDOT) to develop complete street designs specifically addressing the needs of individuals with intellectual and developmental disabilities (IDD) and Autism Spectrum Disorder (autism). This legislation represents a significant shift in complete streets policies, which traditionally focus on physical accessibility but rarely prioritize non-physical disabilities. The note argues that NJDOT’s implementation of these designs must include tailored strategies, such as mobility education, staff training, and improved signage, to ensure independent and safe travel for this population. By addressing these needs, New Jersey …
The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano
The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano
Cardozo Journal of Equal Rights & Social Justice
The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.
It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra Debenedictis
It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra Debenedictis
Cardozo Journal of Equal Rights & Social Justice
The note argues that New York's current family regulation systems, including the Family Court Act (FCA) and the Administration for Children’s Services (ACS), are inadequately equipped to protect children with autism in foster care. These systems fail to address the unique needs of autistic children, leading to increased vulnerability to abuse, neglect, and prolonged stays in foster care. The note proposes reforms to improve monitoring, education, and resource accessibility to better safeguard these children.
Beat It: A Proposal To End Masturbation Bans In Prisons, Madison Dougherty
Beat It: A Proposal To End Masturbation Bans In Prisons, Madison Dougherty
Cardozo Journal of Equal Rights & Social Justice
The note argues that bans on masturbation in prisons are unconstitutional under the Fourteenth and Eighth Amendments. It contends that such bans infringe upon prisoners' rights to privacy, bodily autonomy, and protection against cruel and unusual punishment. The author proposes reforms to prison policies to allow private masturbation while prohibiting assaultive behavior, advocating for a shift towards rehabilitation over punishment.
Context At The Periphery: The Rise Of The Critical-Contextual Legal Education Reform Movement, Cara R. Shaffer
Context At The Periphery: The Rise Of The Critical-Contextual Legal Education Reform Movement, Cara R. Shaffer
Cardozo Journal of Equal Rights & Social Justice
The article argues that legal education must reform by integrating critical-contextual approaches to address declining critical thinking skills and better prepare students for contemporary legal practice. It emphasizes the need to move beyond the traditional Langdell case method, which separates doctrinal learning from practical and contextual understanding, and highlights the importance of interdisciplinary perspectives in legal training.
Judicial Interpretation By Bankruptcy Courts And The Department Of Education Regarding The Application Of The Undue Hardship ("Brunner") Standard To Student Loan Discharges, Anda Totoreanu
Cardozo Journal of Equal Rights & Social Justice
The note examines the stringent application of the Brunner standard in student loan discharge cases, highlighting the inconsistent judicial interpretations and the DOE's rigid stance, which disproportionately affects minority communities. It advocates for reforms, including legislative changes and judicial discretion, to address the systemic inequities.
Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer
Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer
Cardozo Journal of Equal Rights & Social Justice
The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.
Reckoning With Structural Racism In Legal Education: Methods Toward A Pedagogy Of Antiracism, Doron Samuel-Siegel
Reckoning With Structural Racism In Legal Education: Methods Toward A Pedagogy Of Antiracism, Doron Samuel-Siegel
Cardozo Journal of Equal Rights & Social Justice
There is an empty quality to much of what passes as "diversity, equity, and inclusion" work in legal education. Despite a robust body ofscholarship on teaching law consistent with the goals of antiracism, many legal educators struggle to put theory into practice. This Article responds to that struggle, offering a holistic, methodical approach to a pedagogy of antiracism whose goal is twofold: create conditions in which racially minoritized students learn to their full potential, free from the harms of traditional legal education; and equip all students, regardless of identity, to contribute to the dismantlement of structural racism. Absent such pedagogy, …
How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo
How The Farm Bill May Be The Key To Healthier Cities, Fatima Ouedraogo
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Farm Bill, a significant piece of U.S. legislation governing agricultural and food programs, can be a crucial tool in addressing urban health issues by making healthy food more affordable. By expanding subsidies to include specialty crops like fruits and vegetables, the Farm Bill could reduce the cost of these items, thereby encouraging healthier diets and combating rising obesity rates in urban populations.
The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna
The Right To Education Under State Constitutions As Applied To Juvenile Delinquents, Laurenne Ferber-Kaufmna
Cardozo Journal of Equal Rights & Social Justice
The note argues that while the U.S. Constitution does not guarantee a fundamental right to education, many state constitutions, including New York's, explicitly recognize this right for children. It contends that juvenile offenders in New York prisons are entitled to the same educational rights as other children under the state's education clause but are currently not receiving an adequate education that meets state standards. The note advocates for reforms to align New York's juvenile education system with its constitutional obligations and suggests adopting practices from other states, such as Florida and Virginia, to improve educational outcomes for juvenile offenders.
Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos
Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos
Cardozo Journal of Equal Rights & Social Justice
The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.
Title Ix And The Failure Of Due Process, Kenneth Lasson
Title Ix And The Failure Of Due Process, Kenneth Lasson
Cardozo Journal of Equal Rights & Social Justice
The article examines the challenges in implementing Title IX, focusing on its failure to ensure due process, particularly in cases involving sexual misconduct allegations. It highlights how the Trump administration's policy changes have attempted to address these issues but have also faced criticism for potentially undermining protections against discrimination.
Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks
Cultivating Minds, Not Data Points: A Critical Examination Of Education Policy, Caroline E. Burks
Cardozo Journal of Equal Rights & Social Justice
The article critiques federal education policies such as No Child Left Behind (NCLB), Common Core, and the Every Student Succeeds Act (ESSA) for failing to address educational inequities, particularly for minority students. It argues that these policies, despite their intentions, have not effectively closed the achievement gap and have often exacerbated existing disparities. The article proposes a new approach emphasizing school choice and improved public transportation to foster socio-economic and racial integration in schools.
Gatekeeping The Profession, Christopher Williams
Gatekeeping The Profession, Christopher Williams
Cardozo Journal of Equal Rights & Social Justice
The article argues that the U.S. model of legal education functions as a racial gatekeeper, perpetuating inequality by adopting and exacerbating societal prejudices. It highlights how structural mechanisms within legal education, such as standardized testing, admission processes, and socialization, disproportionately exclude and marginalize students of color, particularly black students, mirroring the experiences of Dalits in India's legal education system. The author introduces the concept of "adoptive prejudice," where legal education systems adapt and embed societal hierarchies, leading to systemic exclusion and disparity.
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Making The Leap From Bullying To Equality: An Analysis Of Transgender Student Rights, Nathan Ades
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and political landscape surrounding transgender students' rights, particularly under Title IX, following the withdrawal of Obama-era guidelines by the Trump administration. This withdrawal has led to significant legal confusion and variability in protections across jurisdictions. The analysis suggests that advocating for antibullying policies may offer a more effective strategy for advancing transgender rights, especially in conservative states, by avoiding direct confrontation with gender identity issues.
Private School Placement For The Twice Exceptional Child Under The Individuals With Disabilities Education Act, Matthew Alessandri
Private School Placement For The Twice Exceptional Child Under The Individuals With Disabilities Education Act, Matthew Alessandri
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Is Natural Law A Public Good?, Eliot T. Tracz
Is Natural Law A Public Good?, Eliot T. Tracz
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Two Shades Of Brown: The Failure Of Desegregation In America; Why It Is Irremediable (And A Modest Proposal), James M. Mcgoldrick Jr.
Two Shades Of Brown: The Failure Of Desegregation In America; Why It Is Irremediable (And A Modest Proposal), James M. Mcgoldrick Jr.
Cardozo Journal of Equal Rights & Social Justice
The article argues that the legacy of Brown v. Board of Education has been undermined by the Supreme Court's gradualist approach and distinctions between de jure and de facto segregation, leading to persistent school segregation. The author contends that judicial remedies have proven insufficient due to legal constraints, such as the de jure requirement and strict scrutiny of race-based remedies. To address these failures, the article proposes a legislative solution, "LEAP" (Learning Equality for All Persons), a federal spending program to incentivize school integration and promote educational equality.
Leaked Memo To West Point Superintendent Lt. Gen. Robert Caslen From Major Consuelo Antoinette Martinez Regarding The "Raised Black Female Fist" Old Corps Photograph Incident, Yxta Maya Murray
Cardozo Journal of Equal Rights & Social Justice
This satire responds to the recent United States Military Academy ("USMA" or "West Point') Investigation sixteen African American female cadets who took a photograph of themselves holding up their fists. This work of legal analysis and of the imagination takes the form of an investigatory memo written by afictional Latina West Point official to the (very real) West Point Superintendent Lieutenant General Robert Caslen. In it, I study the legal underpinnings for the investigation, which center on certain Department ofDefense regulations forbidding political activity on the part of military service members. I reveal the race and gender absurdity that cuts …
Pregnancy Discrimination Under Tide Ix: Compliance Concerns At Law Schools, Liani Balasuriya
Pregnancy Discrimination Under Tide Ix: Compliance Concerns At Law Schools, Liani Balasuriya
Cardozo Journal of Equal Rights & Social Justice
The article examines the protection of pregnant law students under Title IX and highlights significant gaps in compliance and enforcement within law schools. Despite Title IX's prohibition of pregnancy discrimination, the lack of data and inconsistent policies at law schools raise concerns about the adequacy of protections for pregnant students. The analysis advocates for improved data collection, clearer policies, and stronger accountability measures to ensure equitable treatment of pregnant law students.
"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah
"Boys Will Be Boys, And Girls Will Get Raped": How Public School Dress Codes Foster Modern Day Rape Culture, Stephan Wah
Cardozo Journal of Equal Rights & Social Justice
The note argues that public school dress codes perpetuate rape culture by disproportionately targeting female students, reinforcing patriarchal norms, and contributing to gender-based discrimination. These dress codes, often justified as preventing distractions, instead shame girls and place the responsibility of boys' behavior on them, thereby normalizing the objectification of women and supporting systemic sexism.
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Back Down To Bullying? The Detrimental Effects Of Zero Tolerance Policies On Bullied Adolescents, Devon L. Disiena
Cardozo Journal of Equal Rights & Social Justice
The note critiques zero tolerance policies in schools, arguing that they disproportionately harm bullied adolescents by failing to consider their circumstances, leading to unjust disciplinary actions and discouraging victims from seeking help. It advocates for legislative reforms, particularly in New York, to include self-defense as a mitigating factor in disciplinary decisions.
Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden
Evaluating Opportunity In College Sports (Title Ix), Brandon Kai Golden
Cardozo Journal of Equal Rights & Social Justice
The note critiques the current interpretation and application of Title IX in college athletics, particularly the Three-Part Test used by the Office for Civil Rights (OCR). It argues that the test's focus on proportionality often leads universities to cut men's sports to achieve gender balance, which undermines the broader goal of gender equality. The author proposes a more nuanced approach, advocating for sport-specific evaluations and the elimination of the Contact Sports Exception to better align Title IX compliance with its intended purpose of preventing discrimination.
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling
To Pee Or Not To Pee? "Where" Is The Question: Transgender Students And The Right To Use Public School Restrooms, Melissa Sterling
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.