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Articles 1 - 30 of 164
Full-Text Articles in Education Law
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
Rules Of The Game: The "Play In The Joints" Between The Religion Clauses, Sharon Keller
ExpressO
Locke v. Davey is an exemplar of the new generation of Establishment clause cases that, particularly in Zelman v. Simmons-Harris, have written into law a safe harbor, private choice, for governmental benefits that find their way into the coffers of religious institutions in amounts that are neither incidental nor trivial. In Locke the options presented in the private choice arguably infringed upon Free Exercise rights-- the dilemma that gives rise to the title of this article. Over the vigorous dissent of Justice Scalia, the Locke Court’s analysis of the permissibility of the conditioned benefit was based upon the argument that …
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Identifying State Actors In Constitutional Litigation: Reviving The Role Of Substantive Context, Michael L. Wells
Cardozo Law Review
No abstract provided.
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Dupre
Vanderbilt Law Review
Much is being made this year in education law circles and elsewhere about the fiftieth anniversary of Brown v. Board of Education.' The Brown decision has certainly left an indelible mark on schools and other institutions in the United States. But last year the thirtieth anniversary of another major Supreme Court opinion passed largely without comment, despite the fact that it may be the most significant decision regarding public schools since Brown. In 1973, the U.S. Supreme Court, in San Antonio Independent School District v. Rodriguez, concluded that education was not a fundamental right and that disparities in school funding …
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.
University of Richmond Law Review
No abstract provided.
Reflections On Brown And The Future, Oliver W. Hill Sr.
Reflections On Brown And The Future, Oliver W. Hill Sr.
University of Richmond Law Review
No abstract provided.
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Introduction: Private Parties As Defendants In Civil Rights Litigation, Myriam Gilles
Cardozo Law Review
No abstract provided.
Brown V. Board Of Education After Fifty Years, Jack B. Weinstein
Brown V. Board Of Education After Fifty Years, Jack B. Weinstein
Cardozo Law Review
No abstract provided.
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
School Funding Litigation: Who's Winning The War?, John Dayton, Anne Proffitt Dupre
Scholarly Works
This Article examines how the landscape of school funding litigation has changed over the three decades since Serrano and Rodriguez. The first part of the Article sets forth the history of school funding litigation since Serrano and Rodriguez and unravels the legal theories that have driven the school financing cases, explaining past dispositions and point out likely future trends. At first blush it would appear that the attorneys seeking social change through greater equity in school funding are litigating similar issues in each state. Yet judges have approached these matters from different directions with results that vary significantly from state …
Towards An Establishment Clause Theory Of Race-Based Allocation After Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
Towards An Establishment Clause Theory Of Race-Based Allocation After Grutter: Administering Race-Conscious Financial Aid, Maurice R. Dyson
ExpressO
The novel application of the Establishment Clause doctrine by way of analogy to race0based financial aid after Grutter and Grats, while not identical, speaks to real issue of neutrality that is implicit in the debate of administering race-based scholarships that should be truthfully acknowledged. There is no concern about improper university indoctrination of race as the Grutter court has already established race-based diversity as worthy of a compelling state interest. Moreover, there is no concern that a college or university would establish an imprimatur on race-based scholarships merely or solely because it identifies potential candidates meeting specified eligibility criteria which …
Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
Essay: New Political And Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively, Maxim Thorne
ExpressO
Maxim Thorne, a Yale Law School Graduate of 1992, writes an essay derived from his address delivered on October 1, 2004 at the thirty-fifth anniversary of the African-American Cultural Center at Yale University, entitled "New Political and Legal Strategies For African-Americans: Dreaming Big, Dreaming Creatively." He presents Seven Strategies that African Americans should use to secure power and justice in America: 1) Go Home, 2) Public Schools Aren’t Our Only Option and other paradigm shifting legal arguments 3) Draw On the Power of Older Women of Color, 4) Network Your Heart Out, Giving Time, Advice, and Money, 5) Honor Our …
Litigated Learning And The Limits Of Law, Michael R. Heise
Litigated Learning And The Limits Of Law, Michael R. Heise
Cornell Law Faculty Publications
Brown’s legacy and what it says about the efficacy of litigation as a vehicle to achieve social change mean different things to different people. Although popular mythology emphasizes Brown’s critical role in securing equal educational opportunity, careful reflection reveals that the decision’s legacy is anything but clear. A narrow focus on school desegregation suggests Brown’s legacy is aptly characterized as one of unfulfilled promise. A broader focus that extends to include subsequent equal educational opportunity activity such as the school finance litigation movement, however, casts positive light on Brown’s legacy. More important than completing interpretations of Brown’s legacy is what …
Reconciling Copyright Ownership Policies For Faculty-Authors In Distance Education, Andrea L. Johnson
Reconciling Copyright Ownership Policies For Faculty-Authors In Distance Education, Andrea L. Johnson
The Journal of Law and Education
No abstract provided.
Room For Play In The Joints - Locke V. Davey, Martha Mccarthy
Room For Play In The Joints - Locke V. Davey, Martha Mccarthy
The Journal of Law and Education
No abstract provided.
At The Intersection Of Law And Pyschometrics: Explaining The Validity Clause Of No Child Left Behind, Benjamin Michael Superfine
At The Intersection Of Law And Pyschometrics: Explaining The Validity Clause Of No Child Left Behind, Benjamin Michael Superfine
The Journal of Law and Education
No abstract provided.
Supreme Court Decisions Recent Developments In The Law
Supreme Court Decisions Recent Developments In The Law
The Journal of Law and Education
No abstract provided.
University & Institutions Of Higher Learning Recent Developments In The Law
University & Institutions Of Higher Learning Recent Developments In The Law
The Journal of Law and Education
No abstract provided.
Implementing Brown: A Lawyer’S View, Robert A. Sedler
Implementing Brown: A Lawyer’S View, Robert A. Sedler
Law Faculty Research Publications
No abstract provided.
Funding The Education Of Arkansas's Children: A Summary Of The Problems And Challenges, Dent Gitchel
Funding The Education Of Arkansas's Children: A Summary Of The Problems And Challenges, Dent Gitchel
University of Arkansas at Little Rock Law Review
No abstract provided.
School Finance Litigation And Adequacy Studies, Janet D. Mcdonald, Mary F. Hughes, Gary W. Ritter
School Finance Litigation And Adequacy Studies, Janet D. Mcdonald, Mary F. Hughes, Gary W. Ritter
University of Arkansas at Little Rock Law Review
No abstract provided.
Equity, Motivation, And Leadership: A Matter Of Justice, Patsy E. Johnson
Equity, Motivation, And Leadership: A Matter Of Justice, Patsy E. Johnson
University of Arkansas at Little Rock Law Review
No abstract provided.
Education Adequacy Litigation: History, Trends, And Research, Steve Smith
Education Adequacy Litigation: History, Trends, And Research, Steve Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Public School Reform: Kentucky's Solution, Debra H. Dawahare
Public School Reform: Kentucky's Solution, Debra H. Dawahare
University of Arkansas at Little Rock Law Review
No abstract provided.
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
An Examination And Analylsis Of The Equity And Adequacy Concepts Of Constitutional Challenges To State Education Finance Distribution Formulas, R. Craig Wood, Bruce D. Baker
University of Arkansas at Little Rock Law Review
No abstract provided.
Defeating Qualified Privilege With A Showing Of Negligence: A Solution To An Educator's Libelous Intra-Office Memo Dilemma, John L. Balenovich
Defeating Qualified Privilege With A Showing Of Negligence: A Solution To An Educator's Libelous Intra-Office Memo Dilemma, John L. Balenovich
The Journal of Law and Education
No abstract provided.
Student Display Of The Confederate Flag In Public Schools, Michael J. Henry
Student Display Of The Confederate Flag In Public Schools, Michael J. Henry
The Journal of Law and Education
No abstract provided.
State Court And Lower Federal Court Decisions Recent Developments In The Law
State Court And Lower Federal Court Decisions Recent Developments In The Law
The Journal of Law and Education
No abstract provided.