Education Law Commons^™

"Reverse Discrimination" And Higher Education Faculty, Joyce A. Hughes

Michigan Journal of Race and Law

In this Article, the author critiques the use of "reverse discrimination" claims by White plaintiffs to challenge the hiring of Blacks in institutions of higher education. The author argues that "reverse discrimination" is a myth since no such claim is possible when one White candidate is selected over another; assumptions of inferiority are implicit where such a claim is made when a Black candiate is selected over a White candidate. In other words, allowing such a claim, even if ultimately unsuccessful, implies a presumption of superiority on the part of the White candidate. For this reason, the author argues that …

On Long-Haul Lawyering, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Impact Of "Fair Use" In The Higher Education Community: A Necessary Exception?, Oren R. Griffin, Stephana I. Colbert

Articles, Chapters in Books and Other Contributions to Scholarly Works

Despite legislative efforts to define it, the concept of Fair Use has been the subject of aggressive debate among publishers, authors, librarians, and users of copyrighted information ("academics") at academic institutions. With the advent of the Internet and the prospect of multimedia projects, the debate has intensified and expanded into the international community.

This Article focuses primarily on the challenges that face academic administrators and college and university attorneys seeking to advise their academic clients of the parameters of the Fair Use Doctrine-encouraging both sharing and dissemination of scholarly information, and compliance with the law, while limiting institutional liability. This …

Title Page

The Journal of Law and Education

No abstract provided.

Gifted Students And The Right To An Ability-Appropriate Education, Anne Scholtz Heim

The Journal of Law and Education

No abstract provided.

School District Employment Practices Regarding School Attorneys, Suzanne Painter

The Journal of Law and Education

No abstract provided.

Agostini V. Felton: The Constitutionality Of Sending Public School Teachers Into Private Schools, Karen Holsclaw

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Mandatory Community Service Requirements In Public High Schools: Are They Constitutional, Michael Ferraraccio

The Journal of Law and Education

No abstract provided.

Getting Off The Bus: Why Many Black Parents Oppose Busing, John M. Vickerstaff

The Journal of Law and Education

No abstract provided.

Affirmative Action And Texas’ Ten Percent Solution: Improving Diversity And Quality, David Orentlicher

Scholarly Works

No abstract provided.

The Revolution In Higher Education, James V. Koch

Richmond Journal of Law and the Public Interest

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson

Richmond Journal of Law and the Public Interest

Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …

Schoolhouses, Courthouses, And Statehouses: Educational Finance, Constitutional Structure, And The Separation Of Powers Doctrine, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Lessons From A Prophet On Vocational Identity: Profit Or Philanthropy?, Cheryl L. Wade

Faculty Publications

(Excerpt)

After sifting through state statutes that codify corporate behavior and the decisions interpreting those statutes, corporate attorneys may serve their clients and improve our society if they also consulted the teachings of a Baptist preacher. The Baptist preacher to whom I refer is Dr. Martin Luther King, Jr., and the lessons for attorneys and law professors concerned with social justice that can be derived from his life and teachings were the focus of the 1998 Southeast/Southwest Law Teachers of Color Conference. The utility of Dr. King's instruction and the value of his model for ethical living are obvious for …

Struggling With The Devil: A Case Study Of Values In Conflict, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, with increasing frequency, the media has drawn national attention to communities caught in gridlock over value conflicts in the schools. From Lake County, Florida, where a conservative Christian school board required teaching that American culture is superior to others, to New York City, where a controversial multicultural curriculum and the now infamous book Heather Has Two Mommies precipitated the Chancellor's downfall, these stories capture our imagination. Nevertheless, regardless of where we stand on the political spectrum, we often dismiss such compelling conflicts as isolated and distant incidents, never to be replicated with any real or lasting …

Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta

Cardozo Journal of Equal Rights & Social Justice

The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.

The Young Women's Leadership School: A Viable Alternative To Traditional Coeducational Public Schools, Erin A. Mcgrath

Cardozo Journal of Equal Rights & Social Justice

The note argues that single-sex education is a beneficial and constitutional alternative to traditional coeducational programs, using the Young Women's Leadership School as a prime example. It contends that such schools address past discrimination and provide tailored educational environments that enhance academic performance and self-esteem, particularly for underprivileged girls. The analysis emphasizes that single-sex education can meet legal standards under Title IX and Equal Protection scrutiny, as demonstrated by the Leadership School's compliance with regulatory requirements and its focus on remedying historical inequities.

Archibald Cox: Teacher, David J. Seipp

Faculty Scholarship

Archie Cox is a teacher. He taught generations of law students at Harvard Law School and, more recently, at Boston University School of Law. He left the classroom on three occasions, reluctantly, when first President Truman, then President Kennedy, then President Nixon's Attorney General called Professor Cox to Washington to play a part on the national stage. In his first weeks as Watergate Special Prosecutor, Cox carried with him a stack of blue books, Labor Law examinations he still had to grade (p. 263). In the public eye, his straight-backed demeanor, his familiar crew cut, half-glasses, bow tie, and tweeds …

Equal Educational Opportunity, Hollow Victories, And The Demise Of School Finance Equity Theory: An Empirical Perspective And Alternative Explanation, Michael Heise

Cornell Law Faculty Publications

Professor Heise reports findings from his on-going empirical study of judicial impact in the school finance context. The study employs interrupted time series analyses to explore the independent effect of successful school finance equity court decisions on two key outcome variables, centralization and total educational spending levels. The results cast some doubt about long-held assumptions regarding the efficacy of court decisions. The author argues that the results also uncover important clues that help explain the recent fundamental shift in school finance litigation theory from equity to adequacy.

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.

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Faculty Publications

No abstract provided.

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …

Copyright Issues For The Technological Classroom : What Is Permissible Under Current Copyright Law And Guidelines For Educators In The Design And Use Of Multimedia, Disance Learning, And Other Recent Technological Advances?, Anthony Kenneth Clark

Graduate Research Papers

Technologies, such as computers, Internet, electronic mail etc., offer educational institutions limitless opportunities for learning and teaching. While technological advancements encourage academia to boldly go where no one has gone before, there are legitimate copyright and intellectual property concerns that need to be addressed. The current copyright law passed in 1976, although it legally established the Fair Use principle, is inadequate given the age we live in.

To encourage dialogue, this review of the literature will explore the applicability of copyright law to educators in the electronic environment. Current law, established guidelines, and recent court decisions will be discussed in …

Foreword, Robert E. Scott

Faculty Scholarship

The Equal Education Under the Law Symposium continues a conversation among legal and educational professionals that seeks to advance and perhaps refocus the rather dramatic debate over the future of public education in our country. The good news for this debate is that we start with a clear consensus on goals. Few, if any, would dissent from the following statement of principle: the future success of this nation depends in large measure on the requirement that every citizen have the chance to share in the country's good fortune, and the key to providing that chance, for all citizens, lies in …

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …

New York Public School Financing Litigation, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Establishment Of Religion, Court Of Appeals: Grumet V. Cuomo

Touro Law Review

No abstract provided.