Education Law Commons^™

A State's Power To Enter Into A Consent Decree That Violates State Law Provisions: What "Findings" Of A Federal Violation Are Sufficient To Justify A Consent Decree That Trumps State Law?, David W. Swift

ExpressO

In the last forty years federal courts have played a prominent role in reshaping our public institutions. And while some scholars question the efficacy of these structural injuctions, the authority of federal courts to order such relief is generally unquestioned. What is open to debate, however, is whether state officials can agree to a remedy they would not have had the authority to order themselves; and if so, to what extent must an underlying constitutional violation be proved so as to justify the remedy?

This article discusses the competing theories and concludes that a remedy that violates state law may …

Abstinence-Only Adolescent Education: Ineffective, Unpopular And Unconstitutional, James J. Mcgrath

ExpressO

This article examines the recent changes in the funding of “abstinence only” educational programs that attempt to reduce the incidence of teen pregnancy and sexually transmitted diseases. Although funding for these programs was previously ruled to be facially constitutional, this is no longer the case as their lack of efficacy for their stated purpose has been exposed. Newer programs are in direct violation of unconstitutional conditions doctrine, and none of these programs address a significant segment of the student population, lesbian and gay students. My article addresses this oversight as dangerous public health policy as well as a potential constitutional …

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

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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.

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

UF Law Faculty Publications

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula …

Twenty-Five Years Later With Promises To Keep: Legal Education In Dispute Resolution And Training Of Mediators, Lela P. Love

Articles

No abstract provided.

Free? Exercise, Marci A. Hamilton

Articles

No abstract provided.

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio

Faculty Scholarship

This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …

The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

After the Supreme Court held in Widmar v. Vincent that state universities could not constitutionally deny religious groups access to facilities generally available to student groups, a number of school districts authored access policies that were designed to create “limited public forums.” These policies delineated the categories of activities for which school property could be used, and indicated that religious activities were not among them. In Lamb's Chapel v. Center Moriches Union Free School District, however, the Supreme Court struck a blow to the notion that school districts could employ the limited public forum approach to exclude religious activities from …

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Popular Media

No abstract provided.

Panel Two Commentary, Marci A. Hamilton

Articles

No abstract provided.

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.

City Of Boerne V. Flores: A Landmark For Structural Analysis, Marci A. Hamilton

Articles

No abstract provided.

The Founding Of The Washington College Of Law: The First Law School Established By Women For Women, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On Long-Haul Lawyering, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Disability, Deference, And The Integrity Of The Academic Enterprise, Anne Proffitt Dupre

Scholarly Works

Congress has established a complex set of laws regarding the education of disabled students. This Article discusses the obligations the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Individuals with Disabilities Education Act impose on schools and focuses on how courts interpreting these statutes address the decisions of educators regarding how best to educate disabled students. Professor Dupre brings to light a striking contrast between how courts regard the decisions of educators in higher education as opposed to the decisions of educators in primary and secondary schools, routinely according the former considerable deference while often …

The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney

Touro Law Review

No abstract provided.

Fugitives And Agrarians In A World Without Frontiers, Jim Chen

Cardozo Law Review

Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.

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 Promise Of State Constitutionalism: Can It Be Fulfilled In Shef V. O'Neill?, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

This Article reflects on the anomaly of the superior court's decision in Sheff in light of this recent history and recommends that the Connecticut Supreme Court use an alternative, analytical framework based on the Connecticut Constitution to decide the Sheff appeal. This independent approach is equally available to all state courts seeking to resolve fundamental issues under their own constitutions. Only by speaking in a clear, state voice can state courts balance the constitutional vision of the federal courts and fulfill the promise of the state constitutional law movement.

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

Faculty Publications

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Popular Media

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

Constructions Of The Client Within Legal Education, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Law As Discourse, George P. Fletcher

Cardozo Law Review

No abstract provided.