Education Law Commons^™

Book Review Of The Supreme Court And Constitutional Democracy, Neal Devins

Faculty Publications

No abstract provided.

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.

In Re Parochiaid: Church-State Wall Of Separation Scrutinized-Again, Neal Devins

Faculty Publications

No abstract provided.

New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman

Faculty Publications

No abstract provided.

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Faculty Publications

No abstract provided.

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Faculty Publications

No abstract provided.

State Regulation Of Christian Schools, Neal Devins

Faculty Publications

No abstract provided.

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Faculty Publications

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Faculty Publications

No abstract provided.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Recovery In Tort For Educational Malpractice: Problems Of Theory And Policy, Robert H. Jerry Ii

Faculty Publications

This Article considers whether denial of a cause of action for educational malpractice is consistent with recognized tort principles and the general policy considerations underlying those principles. After briefly summarizing three lawsuits in which the cause of action has been advocated and rejected, it explores the collision between theory and policy that permeates the decisions. The Article suggests that refusal to recognize the cause of action is incompatible with accepted tort principles, and that a cogent theory supporting nonrecognition cannot be articulated within the confines of the accepted principles and the general policies upon which those principles are based. If …

Title Ix And Employment Discrimination: A Wrong In Search Of A Remedy, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since the early 1960's when the struggle for women's rights gained renewed strength and hope from the civil rights movement, a number of federal laws have been enacted to protect the rights of women in employment. Among these laws are included Title VII of the Civil Rights Act of 1964 as amended in 1972 (hereinafter referred to as Title VII) which prohibits employment discrimination based upon sex in addition to the grounds of race, color, religion and national origin; Executive Order 11375 which prohibits sex discrimination by employers holding federal contracts; and the Equal Pay Act of 1963 as …

Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne

Faculty Publications

This review discusses J. Harvie Wilkinson's From Brown to Bakke and its companion work, Counting by Race: Equality from the Founding Fathers to Bakke and Weber written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. Counting is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.

Board Of Curators Of The University Of Missouri V. Horowitz: Academic Versus Judicial Expertise, R. Lawrence Dessem

Faculty Publications

In Board of Curators of the University of Missouri v. Horowitz' the United States Supreme Court rejected the argument that public university students are constitutionally entitled to a hearing prior to their dismissal from school for academic reasons. In ruling against a former medical student at the University of Missouri-Kansas City, the Court concluded that "the determination whether to dismiss a student for academic reasons requires an expert evaluation of cumulative information and is not readily adapted to the procedural tools of judicial or administrative decisionmaking. ' In this article that conclusion and the several opinions in Horowitz will be …

Student Due Process Rights In Academic Dismissals From The Public Schools, R. Lawrence Dessem

Faculty Publications

This article, however, goes beyond the argument that education is one of the most valuable benefits which government in this country provides. The thesis of the article is that education is not only very important to millions of Americans, but that students have constitutionally protected liberty and property interests in their public educations and the courts should therefore require notice and hearing prior to the deprivation of these interests, even when the deprivation is for strictly academic reasons.

The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne

Faculty Publications

The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.