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Education Law Commons™

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2008

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Articles 181 - 187 of 187

Full-Text Articles in Education Law

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai Jan 2008

Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai

Faculty Scholarship

In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …

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Government As Educator: A New Understanding Of First Amendment Protection Of Academic Freedom And Governance, Judith C. Areen Jan 2008

Government As Educator: A New Understanding Of First Amendment Protection Of Academic Freedom And Governance, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Supreme Court held that statements made pursuant to the official duties of public employees are not shielded by the First Amendment from employer discipline, despite a warning from three dissenting justices that the holding could "imperil First Amendment protection of academic freedom in public college and universities." This article responds to the invitation in Garcetti to identify constitutional interests that support academic freedom and that are not fully accounted for by public-employee speech jurisprudence. It also argues that, contrary to common understanding, academic freedom is about more than faculty research and …

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Race-Conscious Student Assignment Plans After Parents Involved: Bringing State Action Principles To Bear On The De Jure/De Facto Distinction, Michael Wells Jan 2008

Race-Conscious Student Assignment Plans After Parents Involved: Bringing State Action Principles To Bear On The De Jure/De Facto Distinction, Michael Wells

Scholarly Works

In Parents Involved in Community Schools v. Seattle School District No. 1, a sharply divided Supreme Court struck down two race-conscious school assignment plans aimed at achieving greater racial integration of the public schools. Taking Parents Involved as a starting point, this Article looks ahead to the future of litigation over student assignment plans. By striking down the Seattle and Louisville plans, the decision may "require hundreds of school districts to rethink race-based policies that they use voluntarily to desegregate schools." At the very least, the 5-4 ruling almost certainly did not put an end to race-conscious integration plans or …

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First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton Jan 2008

First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton

Articles

No abstract provided.

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Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben Jan 2008

Employment Discrimination Remedies: The Shape Of Lawsuits, The Shape Of The Law: Proceedings Of The 2008 Annual Meeting Association Of American Law Schools Section On Employment Discrimination Law And Section On Remedies, Michael P. Allen, Paul M. Secunda, Julie C. Suk, Tristin K. Green, Brad Seligman, Elaine W. Shoben

Articles

The article examines the effectiveness of legal frameworks and corporate practices in addressing employment discrimination, contrasting the French criminal approach with the U.S. reliance on civil remedies and diversity initiatives. It argues that while criminal investigations in France have successfully uncovered and punished discriminatory hiring practices, U.S. corporations often evade meaningful change through ineffective diversity training and lack robust accountability mechanisms. The analysis underscores the need for structural reforms in the U.S., emphasizing the importance of accountability and flexibility in consent decrees to drive lasting progress in diversity and inclusion.

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Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk Jan 2008

Procedural Path Dependence: Discrimination And The Civil-Criminal Divide, Julie C. Suk

Articles

Procedural path dependence occurs when the particular features of the procedural system that is charged with enforcing a given legal norm determine the substantive path of that norm. This Article shows how the limits of employment discrimination law in two different national contexts can be explained by procedural dynamics. In France, as in several European countries, employment discrimination law is enforced predominantly in criminal proceedings. French criminal procedure enables the discovery of information necessary to prove the facts of discrimination, whereas the limits of French civil procedure make it impossible for such information to be revealed. As a result, the …

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Adult Complicity In The Dis-Education Of The Black Male High School Athlete & Societal Failures To Remedy His Plight, Kimberly Jade Norwood Jan 2008

Adult Complicity In The Dis-Education Of The Black Male High School Athlete & Societal Failures To Remedy His Plight, Kimberly Jade Norwood

Scholarship@WashULaw

This Article focuses on the educational hurdles facing many Black male student athletes in urban high schools. Academic rigor is rarely expected of these students. They are part of an active form of dis-education. By dis-education, I mean the active failure to educate. Our learning institutions have become so accustomed to excusing these students from academic rigor that doing so simply does not spark a sense of outrage or any notion that we are doing something wrong when it comes to our expectations of these students. No one really questions them when they do poorly on class work and tests. …

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