Education Law Commons^™

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Michigan Law Review

Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …

For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig

Faculty Scholarship

This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …

The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen

ExpressO

High school dropouts are a serious problem facing America today. High school dropouts are more likely to be unemployed, earn less money when employed, place a larger burden on the government by requiring public assistance (welfare), and are more likely to be prone to a life of crime and violence than high school completers. While government at all levels continues to focus on schools and teachers in solving the dropout problem, this paper shows how parents are where the focus should lie. This paper proposes a revolutionary tax credit, the High School Attainment Credit (“HSAC”), which would cost-effectively eradicate the …

To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda

North Carolina Central Law Review

No abstract provided.

The Three R'S: Reading, 'Riting, And Rewarding Illegal Immigrants: How Higher Education Has Acquiesced In The Illegal Presence Of Undocumented Aliens In The United States, Jennifer L. Maki

William & Mary Bill of Rights Journal

No abstract provided.

Brown V. Board Of Education In West Virginia, Nelson R. Bickley

West Virginia Law Review

No abstract provided.

"Tacking Too Close To The Wind": The Challenge To Prosecution Clinics To Set Our Students On A Straight Course, Stacy Caplow

Faculty Scholarship

No abstract provided.

Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"

West Virginia Law Review

No abstract provided.

All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.

West Virginia Law Review

No abstract provided.

The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz

Faculty Scholarship

The United States Supreme Court confronted the issue of a classroom display of the Ten Commandments almost 25 years ago in the case of Stone v. Graham. In that case, the Court struck down a Kentucky statute that required the posting of the Ten Commandments in all public school classrooms. In a per curiam opinion, the Court summarily reversed a decision of the Supreme Court of Kentucky and concluded that the statute violated the First Amendment's Establishment Clause because it had no secular purpose. The outcomes of recent judicial decisions considering the constitutionality of the display of the Ten Commandments …

The Liberal State's Response To Religious Visions Of Education, James G. Dwyer

Faculty Publications

No abstract provided.

Plessy, Brown, And Grutter: A Play In Three Acts, Jack M. Balkin

Cardozo Law Review

No abstract provided.

The Disability Integration Presumption: Thirty Years Later, Ruth Colker

The Ohio State University Moritz College of Law Working Paper Series

The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …

Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman

Brigham Young University Education and Law Journal

No abstract provided.

Confusing Means With Ends: How The Ninth Circuit Continues The Tradition Of Mistaking Diversity As An End In Parents Involved In Community Schools V. Seattle School District, No. 1, Maria Funk Miles

Brigham Young University Education and Law Journal

No abstract provided.

Pieces Of Pico: Saving Intellectual Freedom In The Public School Library, Richard J. Peltz

Brigham Young University Education and Law Journal

No abstract provided.

An Analytic Framework For Understanding And Evaluating The Fiduciary Duties Of Educators, Brett G. Scharffs, John W. Welch

Brigham Young University Education and Law Journal

No abstract provided.

Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins

Brigham Young University Education and Law Journal

No abstract provided.

Derolph V. State And Ohio's Long Road To An Adequate Education, Larry J. Obhof

Brigham Young University Education and Law Journal

No abstract provided.

Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes

Brigham Young University Education and Law Journal

No abstract provided.

Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble

Brigham Young University Education and Law Journal

No abstract provided.

Brown V. Board Of Education And The No Child Left Behind Act: Competing Ideologies, Dana J. Nichols

Brigham Young University Education and Law Journal

No abstract provided.

Brown V. Board Of Education: Right Result, Wrong Reasoning, Ellis Washington

Mercer Law Review

The genesis of this Article was originally conceived as a letter to a journalist in response to an article I had read in the Detroit News titled, "Judge Damon Keith, governor hosts fund raiser on Saturday." I also heard about this event while listening to National Public Radio that same day, and I planned on attending because Judge Keith is a great man and a great civil rights champion. I have always wanted to meet this Titan in person, however, after further reflection, I decided not to attend this event on principle. The occasion was in part a fundraiser for …

Nlrb Refuses To Harm "Academic Freedom" At Universities By Permitting Graduate Student Assistants To Unionize, Elizabeth Butler Baum

Mercer Law Review

In Brown University, the National Labor Relations Board ("NLRB" or "Board") held that graduate assistants are students rather than employees, and in doing so, it settled the issue of whether graduate student assistants admitted into a university should be treated as employees for purposes of collective bargaining. The NLRB declared that the relationship between a university and its graduate student assistants was fundamentally educational rather than economic, and therefore, no union rights exist for graduate students at Brown University ("Brown").

Legislating Accountability: Standards, Sanctions, And School District Reform, Aaron J. Saiger

William & Mary Law Review

No abstract provided.

Legislating Education: Kant, Hegel, And Benjamin On "Pedagogical Violence", Eva Geulen

Cardozo Law Review

No abstract provided.

Separate But Equal And Single-Sex Schools , Gary J. Simson

Cornell Law Faculty Publications

Spurred on by published reports about gender bias in the schools, public single-sex schools, which had almost disappeared from the scene in the U.S. fifteen years ago, began to make a comeback in the early 1990s. In addition, in the past few years, the Bush Administration has taken measures to add momentum to this development. Does the principle that separate is inherently unequal, which the Supreme Court in Brown v. Board of Education laid down in the context of public schools separated by race, also apply to public schools separated by sex?

Part I of this Article examines the constitutionality …

Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael

Loyola University Chicago Law Journal

No abstract provided.

Dealing With Hate In The Feminist Classroom: Re-Thinking The Balance, Kathryn M. Stanchi

Michigan Journal of Gender & Law

The goals of this essay are two-fold. First, by describing the experience the author had in Law and Feminism, the essay will show how hateful and harassing speech in a seminar devoted to issues of gender, race and sexuality can rob students of important educational experiences. The story of the author’s class is meant to remind legal educators and administrators of the concrete harm, both personal and educational, of hate speech. Too often the hate speech debate focuses on the theoretical and the abstract; participants forget that the principles at stake have demonstrable consequences for real people. Second, while this …

Education As A Lynchpin Of Development: Legal And Policy Considerations In The Formation Of The Education For All- Fast Track Initiative Catalytic Trust Fund , Sophie Smyth, Anna Triponel

Sustainable Development Law & Policy

No abstract provided.