Education Law Commons^™

Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr

Indiana Journal of Global Legal Studies

Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.

Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown

Articles by Maurer Faculty

Since the origin of affirmative action, selective higher education institutions' have generally lumped all blacks into a unified Black/ African/African American category. However, this practice of treating all blacks alike has now changed. The Department of Education ("DOE") issued the Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the United States Department of Education ("Guidance") in October 2007, which had a final implementation date for the reporting school year of 2010-2011. The Guidance marked the first time that the federal government dictated the procedures that educational institutions, including selective higher education programs, must follow when collecting …

Fate Of The Detroit Public Schools: Governance, Finance And Competition, Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

International Initiatives That Facilitate Global Mobility In Higher Education, Laurel Terry

Faculty Scholarly Works

This article identifies a number of international initiatives that have contributed to, reflect, or facilitate global higher education mobility. The article begins by presenting statistics about global higher education mobility. The sections that follow address a number of “hard law” and “soft law” international initiatives that promote such mobility. The initiatives discussed in the article include, inter alia, European Union initiatives, the Bologna Process which led to the creation of the European Higher Education Area, and higher education initiatives of the Asia Pacific Economic Cooperation (APEC), the World Trade Organization, the United Nations, and the Organization of Economic Cooperation and …

State Constitutional Design And Education Reform: Process Specification In Louisiana, Scott R. Bauries

Law Faculty Scholarly Articles

As to education, the Louisiana Constitution contains the familiar general mandate for the establishment of a public school system, now ubiquitous among state constitutions. But unlike the founding documents of any of the other states, Louisiana's constitution also provides for a very specific process-based allocation of the responsibilities for determining appropriations levels in education from year to year.

It is well-known that state constitutions often treat numerous—sometimes trivial—subjects, or contain provisions that seem hyper-specific and statutory, rather than foundational and constitutional, and state constitutions have been roundly criticized (and sometimes defended) for these features. In this Article, I argue that …

State Constitutions And Individual Rights: Conceptual Convergence In School Finance Litigation, Scott R. Bauries

Law Faculty Scholarly Articles

This Article begins by reviewing Wesley Newcomb Hohfeld's “fundamental conceptions” and expanding his theory to the arena of state constitutional rights, building on recent work by other scholars. From this foundation, it moves to a discussion of the sources of rights to education. The Article then examines the text of relevant state constitutional provisions, as well as the ever-changing landscape of school finance litigation, the principal vehicle through which litigants assert constitutional claims based on ostensible education rights. Next, it systematically analyzes the population of reported cases from the highest state courts to identify Hohfeldian conceptions of education rights held …

Can Allocation By Sortition Resolve The Connecticut Education-Financing Impasse?, A. E. Rodriguez, Lesley Denardis

Political Science & Global Affairs Faculty Publications

It has been over 40 years since Connecticut amended its Constitution to ensure citizens a right to a free public education. Despite the constitutionally prescribed right, dramatic inequities in educational conditions continued to characterize the state's K-12 educational system, especially between suburban/rural white and urban minority school districts. In the 1970s plaintiffs challenged the prevailing mechanism for allocating education funds with a host of court cases that tackled the thorny question of how much financial responsibility the state should assume to equalize the spending disparities between school districts. Prodded by court decisions, many formulas and approaches have been proposed by …

Badmouthing Authority: Hostile Speech About School Officials And The Limits Of School Restrictions, Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

The Article's first two parts discuss the extent to which schools can legally restrict hostile student speech about school officials, should they choose to do so. Part I examines how courts have traditionally approached hostile student speech about school officials when it occurs at school, and Part II then considers how courts have been analyzing the issue when it moves off campus. In the course of this discussion, the Article identifies three key categories of such speech: (1) speech that arguably threatens toward a school official; (2) speech that is primarily vulgar about a school official; and (3) the most …

Special Education, Poverty, And The Limits Of Private Enforcement, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

This Article examines the appropriate balance between public and private enforcement of statutes seeking to distribute resources or social services to a socioeconomically diverse set of beneficiaries through a case study of the federal special education law, the Individuals with Disabilities Education Act (IDEA). It focuses particularly on the extent to which the Act’s enforcement regime sufficiently enforces the law for the poor. The Article responds to the frequent contention that private enforcement of statutory regimes is necessary to compensate for the shortcomings of public enforcement. Public enforcement, the story goes, is inefficient and relies on underfunded, captured, or impotent …

Reviewing Joan Delfattore's Knowledge In The Making, Suzanne Corriell

Law Faculty Publications

A book review of Joan DelFattore's Knowledge in the Making.

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Public Interest Law Review

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

Back On The Books: The Illinois Silent Reflection And Student Prayer Act, Brendan Brassil

Public Interest Law Reporter

No abstract provided.

The Cps Evaluation Backlog: A Roadblock To Educational Success, Kathryn Kokoczka

Public Interest Law Reporter

No abstract provided.

From Crayons To Handcuffs: An Investigation Of Elementarly School Discipline, Laura Knittle

Public Interest Law Reporter

No abstract provided.

Why Can't We Be "Friends?" Student-Teacher Relationships In The Facebook Age, Lynsey Stewart

Public Interest Law Reporter

No abstract provided.

The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto A. Imoukuede

Journal Publications

This Article explains why there is a fundamental duty for the government to provide public education under the U.S. Constitution. Numerous scholars and public officials have written on the need to overrule San Antonio v. Rodriguez or adopt alternative approaches to recognizing a right to public education either judicially or by way of constitutional amendment. This Article identifies a consistent and systemic reluctance by the Court to meaningfully enforce positive rights, which are the duties that the government owes to the people. In doing so, it explores the consistent recognition throughout American history that education is a fundamental duty of …

The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss

Publications

Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

The Curious Life Of In Loco Parentis At American Universities, Philip Lee

Faculty Publications

In this article I trace the legal history, through court opinions, of in loco parentis (Latin for “in the place of the parent”) as applied to the relationship between American universities and their students. I demonstrate that until the 1960s, the in loco parentis doctrine allowed universities to exercise great discretion in developing the “character” of their students without respect to their students’ constitutional rights. The demise of this doctrine forced courts, and universities themselves, to redefine the relationship of universities with their students in important ways.

The “Asian” Category In Mcas Achievement Gap Tracking: Time For A Change, Philip Lee

Faculty Publications

(Excerpt)

Data gathered on Asian American students in public school by the Massachusetts Department of Elementary and Secondary Education is aggregated into one general “Asian” category, which may skew the results, both perpetuating an enduring myth and masking any true gaps that may exist for certain Asian American subgroups. As explored in this article, achievement gap tracking for the Massachusetts Comprehensive Assessment System (MCAS) is an apt example.

The Common School Before And After Brown: Democracy, Equality, And The Productivity Agenda, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, economic forces of global magnitude have placed the substance and value of education in the national spotlight. With jobs for college graduates in short supply, political pundits and news commentators have placed different estimates on the worth of a college degree and the continued utility of the liberal arts. Economists tie specific educational factors to future income. A high school diploma, we are told, can translate into an additional $300,000 in lifetime salary. A highly effective kindergarten teacher likewise carries a value-added benefit of $320,000, the additional income that a classroom of today’s students may earn …

Online, Distance Legal Education As An Agent Of Social Change, Michael L. Perlin

Articles & Chapters

New York Law School (NYLS) created its online, distance learning mental disability law program in an effort to provide education in an area of the law that remains hidden in most law school curricula. Since 2000, it has offered its mental disability law courses in an online, distance learning format to its own students, to law students from other US-based law schools, to mental health professionals, to students in all the allied mental health professions and in the fields of criminology and criminal justice, and to activists and advocates (including members of the psychiatric survivor movement). It has offered the …

Racial Perspectives On Eligibility For Special Education For Students Of Color Who Are Struggling, Is Special Education A Potential Evil Or A Potential Good?, Jonathan Feldman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero

Faculty Scholarship

Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …

Ending The Disconnect For The Deaf Community: How Amendments To The Federal Regulations Can Realign The Ada With Its Purpose, Hayley M. Koteen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Going Pro In Sports: Providing Guidance To Student-Athletes In A Complicated Legal & Regulatory Environment, Glenn M. Wong, Warren Zola, Chris Deubert

Cardozo Arts & Entertainment Law Journal

No abstract provided.

One Web To Unite Us All: Bridging The Digital Divide, Brooke Menschel

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Predatory Ed: The Conflict Between Public Good And For-Profit Higher Education, Osamudia R. James

Articles

No abstract provided.

Imaginary Threats To Government's Expressive Interests, Helen Norton

Publications

The Supreme Court’s emerging government speech doctrine permits the government to refuse to allow other parties to join, and thus change or distort, its own message. In this way, the government speech doctrine appropriately protects government’s legitimate – and valuable – expressive interests by providing a defense to free speech clause claims by private speakers who seek to compel the government to deliver their own views. Too often, however, governmental bodies are asserting their own expressive interests to claim – and some courts are permitting them to exercise – the power to punish private parties’ speech that does not threaten …