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2003

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Articles 61 - 90 of 94

Full-Text Articles in Education Law

Essay: Pledging Allegiance, Michael K. Steenson Jan 2003

Essay: Pledging Allegiance, Michael K. Steenson

Faculty Scholarship

This Essay focuses on the Pledge of Allegiance requirement and its place in public schools. It begins with an analysis of a typical, but certainly not isolated, approach of the Minnesota Legislature, following September 11, in passing a bill that required recitation of the Pledge. This Essay then moves to a discussion of the events surrounding the 1943 United States Supreme Court decision in West Virginia State Board of Education v. Barnette and how Barnette has subsequently been interpreted. Finally, this Essay discusses the probable impact of the Minnesota Constitution on the Pledge Bill, should it pass in this legislative …

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Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi Jan 2003

Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi

Richmond Public Interest Law Review

The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.

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School Vouchers: Will They Undermine American Public Schools? Establishing A Context For Debate, Michael F. Dipaolo Jan 2003

School Vouchers: Will They Undermine American Public Schools? Establishing A Context For Debate, Michael F. Dipaolo

Richmond Public Interest Law Review

Available data from 1995 and 1996 shows that school districts with the largest concentrations of children living in poverty spent considerably less per student than districts with smaller concentrations. In 1995 and 1996, public school districts serving metropolitan areas spent more per student for instruction, support services, and capital outlay combined than did other districts. The recent rise of real personal income per capita has paralleled the increase in public revenue for education per elementary or secondary student. During the 1990s, however, revenue as a percentage of personal income, adjusted for the number of students and population size, decreased slightly, …

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Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian Jan 2003

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A.W. Khatcheressian

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

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Who Is Excellent?, Mari J. Matsuda Jan 2003

Who Is Excellent?, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

Who will save the life of that silent teenager--the one over there edging toward the condom table, the one across town wondering whether to take Daddy's gun to school, the girl who is too embarrassed to tell anyone her boyfriend hit her, the child picking up a rock in the Gaza Strip? Affirmative action is about who will save these lives. In all of our institutions, the academy among them, we must make decisions of admission. Who will enter these doors and wield power here? Who will ascend to the position of decision maker? Who will walk off with the …

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To Do Feminist Legal Theory, Maria Grahn-Farley Jan 2003

To Do Feminist Legal Theory, Maria Grahn-Farley

Cardozo Journal of Equal Rights & Social Justice

The forword explores the meaning and practice of Feminist Legal Theory through a symposium that challenges traditional hierarchies in legal education. It emphasizes the importance of solidarity, activism, and centering marginalized voices, particularly those of women and students, to question and dismantle systemic oppression. The symposium serves as a space for students and scholars to collaborate, with students' work at the core, highlighting the need to integrate diverse perspectives and lived experiences into legal academia.

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Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki Jan 2003

Does Nothing Ever Change; Is Everything New? Comments On The "To Do Feminist Legal Theory" Symposium, Keith Aoki

Cardozo Journal of Equal Rights & Social Justice

The article reflects on the "To Do Feminist Legal Theory" symposium, noting a sense of déjà vu due to the persistence of illegitimate hierarchies in the legal system. Despite this, the symposium offers fresh perspectives, emphasizing the need for multidimensional analyses of oppression and challenging single-axis frameworks. It highlights the importance of continuous critique and action within legal academia and practice to address intersecting forms of subordination.

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High Schools Must Give Access To Military Recruiters, Amanda Strainis-Walker Jan 2003

High Schools Must Give Access To Military Recruiters, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.

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California School Administrator May Be Personally Liable For Idea Violation, Amanda Strainis-Walker Jan 2003

California School Administrator May Be Personally Liable For Idea Violation, Amanda Strainis-Walker

Public Interest Law Reporter

No abstract provided.

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Supreme Court To Determine The Fate Of Affirmative Action In Education, Esther Choi Jan 2003

Supreme Court To Determine The Fate Of Affirmative Action In Education, Esther Choi

Public Interest Law Reporter

No abstract provided.

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Congress Considers Bill To Provide In-State Tuition To Immigrant Children, John Anderson Jan 2003

Congress Considers Bill To Provide In-State Tuition To Immigrant Children, John Anderson

Public Interest Law Reporter

No abstract provided.

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Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin Jan 2003

Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin

NYLS Law Review

No abstract provided.

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Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush Jan 2003

Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush

University of Michigan Journal of Law Reform

In this article, I explore emotional segregation and how it functions in the context of Huckleberry Finn for both personal and academic reasons. Recently, I read Huckleberry Finn because it had been assigned to my daughter's middle school class. I was concerned for her welfare because she is Black and worried how the book would affect her. To understand her reactions, I had to understand the controversy surrounding the book, particularly as a White mother I have reflected quite deeply on the question whether the book is racist. I define "racism" as a belief in the myth of White superiority …

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Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi Jan 2003

Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi

Richmond Journal of Law and the Public Interest

The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.

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The Promise And Precondition Of Educational Autonomy, Neal K. Katyal Jan 2003

The Promise And Precondition Of Educational Autonomy, Neal K. Katyal

Georgetown Law Faculty Publications and Other Works

Part One of this Essay defends the Court's [Grutter] analysis. The thesis here is a simple one: Universities should have a zone of freedom in which to conduct their academic affairs because they are better at making choices about educational matters than are generalist courts. This is the position I took, both in the Sixth Circuit and in the Supreme Court, as the chief counsel to the amicus deans of many of the nation's leading private law schools in Grutter. Academic freedom has become something of a pariah concept; indeed, our amicus brief contained the only substantial discussion, let alone …

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Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The "Special Needs" Doctrine After Earls, Meg Penrose Jan 2003

Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The "Special Needs" Doctrine After Earls, Meg Penrose

Nevada Law Journal

No abstract provided.

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The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander Jan 2003

The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander

Kentucky Law Journal

No abstract provided.

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Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr Jan 2003

Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr

Michigan Journal of Race and Law

In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …

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Privilege And Punishment: Press Governance In China, Perry Keller Jan 2003

Privilege And Punishment: Press Governance In China, Perry Keller

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero Jan 2003

Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero

Faculty Scholarship

The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.

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Brown V. Board Of Education: 50 Years Later, Dana M. Malkus Jan 2003

Brown V. Board Of Education: 50 Years Later, Dana M. Malkus

All Faculty Scholarship

In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …

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Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker Jan 2003

Constitutional Sunsetting?: Justice O'Connor's Closing Comments On Grutter, Vikram David Amar, Evan H. Caminker

Articles

Most Supreme Court watchers were unsurprised that Justice Sandra Day O'Connor's vote proved pivotal in resolving the University of Michigan affirmative action cases; indeed, Justice O'Connor has been in the majority in almost every case involving race over the past decade, and was in the majority in each and every one of the 5-4 decisions the Court handed down across a broad range of difficult issues last Term. Some smaller number of observers were unsurprised that Justice O'Connor decided (along with the four Justices who in the past have voted to allow latitude with regard to race-based affirmative action programs) …

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A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss Jan 2003

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

Publications

No abstract provided.

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Access, Adequacy And Equality: The Constitutionality Of School Fee Financing In Public Education, Daria Roithmayr Jan 2003

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 …

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Funding Religion In A Post-Zelman World, James G. Dwyer Jan 2003

Funding Religion In A Post-Zelman World, James G. Dwyer

Faculty Publications

No abstract provided.

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A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger Jan 2003

A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger

Faculty Scholarship

Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …

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A Civics Action: Interpreting Adequacy In State Constitutions Education Clauses, Joshua Gupta-Kagan Jan 2003

A Civics Action: Interpreting Adequacy In State Constitutions Education Clauses, Joshua Gupta-Kagan

Faculty Scholarship

The antipathy of federal and state courts toward equal protection arguments in lawsuits challenging the public funding of education have forced education activists to search for alternative doctrinal hooks as they continue to seek reform in states' funding and management of schools. These activists have turned to state constitutions' education clauses, which impose duties on state governments to provide an "adequate" education for all children in the state. However, the art of defining and measuring an "adequate" education has advanced little beyond its state in 1973, when Justice Thurgood Marshall found the term unhelpful. In this Note, Josh Kagan surveys …

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The Fragile Promise Of Provisionality, James S. Liebman, Charles F. Sabel Jan 2003

The Fragile Promise Of Provisionality, James S. Liebman, Charles F. Sabel

Faculty Scholarship

It is a pleasure to address such well-informed, insightful and well-intentioned responses to our Article. Intellectual predispositions and differing assessments of the prospects of reform aside, it is striking that so many participants have firsthand experience of the new model school, the new politics in all their mystery, and even non-court-centric judicial review. It is clear that something is afoot, and not just in academic circles, when observers as different as Diane Ravitch, the critic of Deweyan latitudinarianism, and Gordon Whitman, the community organizer, are both surprised to discover that standardized testing can go hand in hand with individualized education …

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The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel Jan 2003

The Federal No Child Left Behind Act And The Post-Desegregation Civil Rights Agenda, James S. Liebman, Charles F. Sabel

Faculty Scholarship

Despite many deficiencies, the No Child Left Behind Act ("NCLB" or "Act") extends to the federal level and diffuses to the states an innovative system of publicly monitored decentralization of school governance known as the "New Accountability." This Article argues that, given background changes in the understanding of effective classroom teaching, accountability systems of the type imposed by the NCLB can enable willing school districts to build the capacity for school-level reform upon which the ultimate improvement of public schooling depends. It claims further that activists can accelerate the reforms and ensure respect for the requirements of racial and economic …

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A Public Laboratory Dewey Barely Imagined: The Emerging Model Of School Governance And Legal Reform, James S. Liebman, Charles F. Sabel Jan 2003

A Public Laboratory Dewey Barely Imagined: The Emerging Model Of School Governance And Legal Reform, James S. Liebman, Charles F. Sabel

Faculty Scholarship

The American public school system is in the midst of a vast and promising reform. The core architectural principle of the emergent system is the grant by higher-level authorities – federal government, states, and school districts – to lower level ones of autonomy to pursue the broad goal of improving education. In return, the local entities – schools, districts, and states – provide the higher ones with detailed information about their goals, how they intend to pursue them, and how their performance measures against their expectations. The core substantive commitment of the emergent system is the provision to all students, …

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