Education Law Commons^™

New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer

Scholarly Works

No abstract provided.

Struggling With The Devil: A Case Study Of Values In Conflict, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In recent years, with increasing frequency, the media has drawn national attention to communities caught in gridlock over value conflicts in the schools. From Lake County, Florida, where a conservative Christian school board required teaching that American culture is superior to others, to New York City, where a controversial multicultural curriculum and the now infamous book Heather Has Two Mommies precipitated the Chancellor's downfall, these stories capture our imagination. Nevertheless, regardless of where we stand on the political spectrum, we often dismiss such compelling conflicts as isolated and distant incidents, never to be replicated with any real or lasting …

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the …

Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg

Articles by Maurer Faculty

No abstract provided.

The Individuals With Disabilities Education Act, Sharon C. Streett

University of Arkansas at Little Rock Law Review

No abstract provided.

An Economical, Thorough And Efficient School System And The West Virginia School Building Authority Economy Of Scale Numbers, Deirdra Purdy

West Virginia Law Review

No abstract provided.

Compulsory Education In Maine : A Brief History 1821 To 1996, Maine Department Of Education

Maine Collection

Compulsory Education in Maine : A Brief History 1821 to 1996

Edited from Department Documents from 1985 by Frank J. Antonucci, Jr., Consultant Truancy, Dropout, and Alternative Education. Maine Department of Education, (July 1996).

Printed under appropriation number 014-05A-7156-01

The Title Ix Tug-Of-War And Intercollegiate Athletics In The 1990'S: Nonrevenue Men's Teams Join Women Athletes In The Scramble For Survival, Susan M. Shook

Indiana Law Journal

No abstract provided.

At Loggerheads: The Supreme Court And Racial Equality In Public School Education After Missouri V. Jenkins, Roberta M. Harding

Law Faculty Scholarly Articles

June 12th of 1995 marked a somber occasion in the annals of school desegregation litigation. On that day, the United States Supreme Court sent disturbing messages in its opinion in Missouri v. Jenkins. The Court's decision hinders achievement of the objective of school desegregation litigation—providing equal educational opportunities for African-American public school children—and detrimentally impacts other substantive areas of civil rights litigation. This article examines what I believe are several important general consequences of Jenkins's the impairment of a trial judge's discretionary equitable remedial powers; the Court's establishment of a new agenda that sacrifices the interests of African-American …

Surviving Student To Student Sexual Harassment: Legal Remedies And Prevention Programmes, Chantal Richard

Dalhousie Law Journal

Educators in Canada have recently identified that incidents of sexual harassment between students occur daily in our junior high and high schools. Sexual harassment seriously affects a student's emotional and physical well-being and negatively affects her opportunity to receive an equal education. In this article, the author examines the existing legal remedies available to a student victim of sexual harassment and concludes that student sexual harassment is best dealt with through education and preventative measures taken by school boards.

Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt

Law Faculty Scholarly Articles

Scholars and academicians implicitly accept and subscribe to the notion that reasoned discourse supported by empirical data is at the core of the academic enterprise. Theoretically, then, organizational change within the academy ought to be attainable through the use of rational processes based upon the systematic collection, analysis, and interpretation of data to define the scope of the problem and to identify logical solutions. However, the centuries-long attempt to achieve gender equity for women in institutions of higher education belies the truth of that belief in the power of reason as a catalyst for reforming American higher education.

Beginning with …

Common Schools, Uncommon Values: Listening To The Voices Of Dissent, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Education in America as we know it today draws its origins from the philosophical perspectives and political objectives of the common school reformers over a century ago. For them, mass education was a primary vehicle for defining ourselves as a nation. Schools would develop civic virtue and a national character through a shared set of values reflected in the school curriculum. The common school experience, offered to all regardless of social class or ethnic background, would assimilate the hordes of immigrants coming to our shores and meet the emerging needs of industrialization. Individuals across the economic spectrum, afforded education …

Education

Touro Law Review

No abstract provided.

Education

Touro Law Review

No abstract provided.

Remark: Brown V. Board: Revisited, Michael A. Middleton

Faculty Publications

[T]he Negro needs neither segregated schools nor mixed schools. What he needs is Education. What he must remember is that there is no magic, either in mixed schools or in segregated schools. A mixed school with poor and unsympathetic teachers, with hostile public opinion, and no teaching of truth concerning black folk, is bad. A segregated school with ignorant placeholders, inadequate equipment, poor salaries, and wretched housing, is equally bad. Other things being equal, the mixed school is the broader, more natural basis for the education of all youth. It gives wider contacts; it inspires greater self-confidence; and suppresses the …

Providing An Escape For Inner-City Children: Creating A Federal Remedy For Educational Ills Of Poor Urban Schools, Amy J. Schmitz

Faculty Publications

Children in impoverished, urban areas attend dangerous and decrepit schools, where they receive low quality education which fails to prepare them for meaningful participation in the community. Many states, however, provide no legislative or judicial remedy for these children, who desperately need vocational and educational skills to enable them to escape from the deprivation of their urban landscape. Meanwhile, federal officials speak

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.

An Adequate Education For All Maryland's Children: Morally Right, Economically Necessary, And Constitutionally Required, Susan P. Leviton, Matthew H. Joseph

Maryland Law Review

No abstract provided.

After The Desegregation Era: The Legal Dilemma Posed By Race And Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Legal Rhetorical Structure For The Conversion Of Desegregation Lawsuits To Quality Education Lawsuits, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case

William & Mary Bill of Rights Journal

No abstract provided.

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

Education: The Constitutionality Of Oklahoma's Public School Financing System: Does The State Have A Duty To Provide An Adequate Education For All Schoolchildren?, Karen Richardson

Oklahoma Law Review

No abstract provided.

What's "Appropriate"?: Finding A Voice For Deaf Children And Their Parents In The Education For All Handicapped Children Act, Suzanne J. Shaw

Seattle University Law Review

Initially, the Comment briefly reviews the EAHCA's purpose and its legislative history, and describes the workings of its administrative procedures. The Comment then examines the seminal case interpreting the EAHCA, Board of Education v. Rowley, as it applies to the parents' role in a deaf child's education. This section of the Comment also explores the meaning currently given to "free appropriate education" and "least restrictive environment" (LRE), as well as the natural, and possibly irresolvable, tension between these requirements. Against this background, Section III of this Comment then sets out the Act's unique impact on deaf children. This impact …

Book Review Of Democratic Education, By Amy Gutman, Nadine Strossen

Other Publications

No abstract provided.

Freedom Of Religion Vs. Public School Reading Curriculum, Keith Kemper

Seattle University Law Review

The purpose of this Note is to analyze the decision by the United State Court of Appeals for the Sixth Circuit in Mozert v. Hawkins County Board of Education in light of recent United States Supreme Court opinions regarding the free exercise of religion. Section I will explain the legal issues that are relevant in deciding this and similar free exercise cases. Section II will discuss the history and background of the Mozert case. Section III will discuss the different opinions in Mozert. Section IV will analyze and critique the different rationales used to decide this case. After weighing …

The Church, The State, And The Eha: Educating The Handicapped In Light Of The Establishment Clause, Thomas F. Guernsey, M. Grey Sweeney

Law Faculty Publications

All parents have the basic right to guide the educational future of their children. Prior to the 1970s, however, it was not unusual for the parents of a handicapped child to find it difficult, if not impossible, to provide their child with a genuine opportunity to learn. Despite the Supreme Court's proclamation in 1954 that education, "where the state has undertaken to provide it, is a right which must be made available to all on equal terms," handicapped children were routinely excluded from public education or segregated within it. Congress, responding to the increasingly vocal call for equal education, took …

Aspects Of The English Legal System, Geoffrey Bennett

Journal Articles

The object of this article is to point out some of the more obvious features of the English legal system for the benefit of people with no legal training. Teachers, school governors, and parents are all increasingly called upon to have some insight into the way the law affects their activ­ities, but the natural tendency is perhaps to concentrate only on those discrete areas that are of immediate concern. Sometimes, however, a broader perspective on how the parts articulate with the whole is essential to understanding what can be done with the system or why a certain result or procedure …

Case Digests: The Law Of Higher Education In West Virginia, Deborah L. Miller, Paul L. Weber

West Virginia Law Review

No abstract provided.