Education Law Commons^™

Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris

Richmond Journal of Law and the Public Interest

On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.

The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky

Loyola University Chicago Law Journal

No abstract provided.

Reform Or Retrenchment: Single Sex Education And The Construction Of Race And Gender, Verna L. Williams

Faculty Articles and Other Publications

As parents, policymakers, and educators search for solutions to the crisis in the nation's public schools, single sex education emerges time and again as a promising strategy, particularly for African American students. This article argues that, in order to comprehend fully the implications of single sex schooling in inner city schools, examining the history of sex-based and race-based segregation in education is essential.

History demonstrates that sex and racial segregation in education has supported gender and hierarchies and the attendant subordination of African Americans and white women. For example, when public education became available for Blacks, its primary purpose was …

Vouchers, Buses, And Flats: The Persistence Of Social Segregation, Paul Boudreaux

Villanova Law Review (1956 - )

No abstract provided.

A New Image In The Looking Glass: Faculty Mentoring, Invitational Rhetoric, And The Second-Class Status Of Women In U.S. Academia, Carlo A. Pedrioli

Faculty Scholarship

This article maintains that because Title VII alone does not have the ability to further the progress women have made in academic hiring, retention, and promotion, looking to remedies in addition to Title VII will be advantageous in helping to improve the status of women in U.S. academia. The article suggests as an additional remedy the implementation of faculty mentoring opportunities for junior female faculty members. A key way of initiating and furthering such mentoring opportunities is a type of discourse called invitational rhetoric, which is “an invitation to understanding as a means to create...relationship[s] rooted in equality, immanent value, …

Training For Justice: The Global Reach Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Comparing Remedies For School Desegregation And Employment Discrimination, Candace Kovacic-Fleischer

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Ten years after the Supreme Court decided Brown v. Board of Education, now a symbol of the beginning of the end of racial discrimination, Congress passed Title VII of the Civil Rights Act of 1964. Title VII opened the workplace to all races and women in ways that had not previously existed. While discrimination in the workplace has not disappeared in the forty years since Title VII's enactment, one sees minorities and women in a greater variety of jobs, and at higher levels, than one would have seen a generation ago. The promise of Brown, however, has not been …

Resisting Retreat: The Struggle For Equity In Educational Opportunity In The Post-Brown Era, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Education Legislation, Law & (And) Social Science Research: The Influence Of Social Science Research, Patricia F. First

The Journal of Law and Education

No abstract provided.

No Child Left Behind's Faith-Based Initiative Provision And The Establishment Clause, William Dolan

The Journal of Law and Education

No abstract provided.

Canadian Researchers And Patenting Of Higher Life, Anwar N. Khan

The Journal of Law and Education

No abstract provided.

State Courts And Lower Federal Court Decisions Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Feminist Voices In The Debate Over Single-Sex Schooling: Finding Common Ground, Rosemary C. Salomone

Michigan Journal of Gender & Law

This article examines the deep divide within feminist ranks with an eye toward proposing a constructive and essential role for feminist understandings as single-sex schooling inches its way toward legal acceptability and into the mainstream of educational reform. In doing so, the forces that have shaped competing perspectives on women's equality are examined, especially disagreements over sameness and difference. In the end the article looks to the Court's decision in United States v. Virginia as a road map for feminists to follow in reaching common ground on the approach, despite seemingly profound ideological differences among them.

Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia

Loyola University Chicago Law Journal

No abstract provided.

The Deconstitutionalization Of Education, Erwin Chemerinksy

Loyola University Chicago Law Journal

No abstract provided.

Disability Law And Higher Education: A Road Map For Where We've Been And Where We May Be Heading, Laura Rothstein

Maryland Law Review

No abstract provided.

The Imperium Strikes Back: The Need To Teach Socioeconomics To Law Students., William K. Black

Faculty Works

No abstract provided.

God, Jesus, Allah And Yahweh Should Be Government Employees: How Zelman V. Simmons-Harris Can Establish A Constitutional Framework For Government Funding Of Faith-Based Services, Craig A. Newell Jr.

Villanova Law Review (1956 - )

No abstract provided.

Multiracial Identity, Monoracial Authenticity & Racial Privacy: Towards An Adequate Theory Of Mulitracial Resistance, Maurice R. Dyson

Michigan Journal of Race and Law

This Article is divided into five parts. Part I briefly places the significance of the Supreme Court's affirmative action ruling in Grutter v. Bollinger in context, particularly the implications of its recommended twenty-five year timeframe in recognizing racial diversity. Part II examines the dangerous consequences of implicit assumptions underlying the RPI. More specifically, I investigate the potential ramifications the RPI would have had upon multiple sectors of our society, including healthcare, education, and law enforcement. In the process, I attempt to demonstrate that the concept of racial privacy is a strategic misnomer intended not to protect one's privacy, but rather …

Fair And Facially Neutral Higher Educational Admissions Through Disparate Impact Analysis, Michael G. Perez

Michigan Journal of Race and Law

Part I of this Note proposes both remedial and instrumental justifications for applying disparate impact scrutiny to admissions policies. This Part argues that disparate impact analysis should be applied to higher education as a remedy for the disadvantage minority applicants face as a result of historic and ongoing intentional discrimination and that schools are culpable for unnecessarily utilizing admissions criteria that have this discriminatory effect. The result of applying disparate impact analysis will be admissions policies that produce diverse student bodies while remaining facially neutral with regard to race. Part II proposes that a necessity standard, unique to the higher …

School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley

Law Faculty Articles and Essays

Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …

The Academic-Industrial Complex: A Warning To Universities, James Stuart

University of Colorado Law Review

No abstract provided.

Terminating Public School Teachers For Cause Under Minnesota Law, Christine D. Ver Ploeg

William Mitchell Law Review

It is important to understand the realities that surround the discharge of a teacher, for embarking upon this path promises to be painful for everyone involved. Teachers who challenge allegations that they are personally or professionally unworthy of continuing to teach in their districts--or perhaps to continue to teach at all--understandably experience extraordinary trauma and anxiety. By the same token, districts that ultimately fail to prove the case for discharge can face significant financial liability and may even be forced to reinstate teachers who have been found to be deficient. Finally, these efforts often divide schools and communities because teachers, …

Finding Success In The "Cauldron Of Competition:" The Effectiveness Of Academic Support Programs, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

This article provides an in-depth analysis of our comprehensive study of the Pace Academic Support Program. Section II of the article discusses the purpose and design of ASPs generally, and Pace Law School's program specifically. Section III describes the research design, methodology, and procedures used for this study. Section IV evaluates and analyzes the findings, with an in-depth analysis of the impact each service yields to ASP students, as well as the statistical significance of such benefits. Section V evaluates the importance of background criteria and the impact that such variables have on ASP participants and non-participants. Section V also …

Assessing Constitutional Challenges To University Free Speech Zones Under Public Forum Doctrine, Thomas J. Davis

Indiana Law Journal

No abstract provided.

Brown As Icon, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

Access To Public School Facilities For Religious Expression By Students, Student Groups And Community Organizations: Extending The Reach Of The Free Speech Clause, Ralph Mawdsley

Law Faculty Articles and Essays

The purpose of this article is to examine how courts, in their more recent decisions, have addressed the religious speech claims of individual students, student groups, and community organizations.

Institutional Academic Freedom - A Constitutional Misconception: Did Grutter V. Bollinger Perpetuate The Confusion?, Richard H. Hiers

UF Law Faculty Publications

This article begins with a review of language that eventually gave rise to the concept of institutional academic freedom, and includes a summary of lower court decisions embracing that concept or notion. The second part identifies certain constitutional problems in connection with the idea that institutional academic freedom can somehow be derived from or based upon the First Amendment. The third part describes and analyzes language in the Court's Grutter decision, language that may or may not have the effect of validating the concept of institutional academic freedom under the First Amendment.