Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (41)
- Civil Rights and Discrimination (38)
- Law and Race (35)
- State and Local Government Law (35)
- Law and Society (26)
-
- Legislation (19)
- First Amendment (15)
- Fourteenth Amendment (14)
- Religion Law (13)
- Education (11)
- Juvenile Law (11)
- Supreme Court of the United States (10)
- Litigation (9)
- Courts (8)
- Disability Law (8)
- Labor and Employment Law (5)
- Sexuality and the Law (5)
- Social and Behavioral Sciences (5)
- Education Economics (4)
- Law and Politics (4)
- Public Affairs, Public Policy and Public Administration (4)
- Arts and Humanities (3)
- Comparative and Foreign Law (3)
- Disability and Equity in Education (3)
- Family Law (3)
- International Law (3)
- Law and Gender (3)
- Taxation-State and Local (3)
- Institution
-
- University of Michigan Law School (81)
- Western New England University (7)
- Maurer School of Law: Indiana University (5)
- Vanderbilt University Law School (5)
- Cornell University Law School (4)
-
- Fordham Law School (4)
- Cleveland State University (3)
- Pepperdine University (3)
- St. John's University School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Georgia School of Law (3)
- University of Maryland Francis King Carey School of Law (3)
- University of Miami Law School (3)
- University of New Hampshire (3)
- University of Richmond (3)
- University of South Carolina (3)
- Valparaiso University (3)
- Duke Law (2)
- Pace University (2)
- Seton Hall University (2)
- St. Mary's University (2)
- The University of Akron (2)
- University of Baltimore Law (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- Boston University School of Law (1)
- Columbia Law School (1)
- Georgetown University Law Center (1)
- Mitchell Hamline School of Law (1)
- Notre Dame Law School (1)
- Publication Year
- Publication
-
- Michigan Law Review (30)
- University of Michigan Journal of Law Reform (25)
- Michigan Journal of Race and Law (16)
- Faculty Scholarship (14)
- Articles (6)
-
- Faculty Publications (6)
- Cornell Law Faculty Publications (4)
- Law Faculty Publications (4)
- Vanderbilt Law Review (4)
- Articles by Maurer Faculty (3)
- Scholarly Works (3)
- The University of New Hampshire Law Review (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- Akron Law Review (2)
- All Faculty Scholarship (2)
- Cleveland State Law Review (2)
- Fordham Urban Law Journal (2)
- Law Student Publications (2)
- Michigan Journal of Gender & Law (2)
- Pepperdine Law Review (2)
- The Scholar: St. Mary's Law Review on Race and Social Justice (2)
- Touro Law Review (2)
- University of Miami Law Review (2)
- Villanova Law Review (1956 - ) (2)
- Washington and Lee Law Review (2)
- Arkansas Law Review (1)
- Book Chapters (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Health Law Outlook (1)
- Publication Type
Articles 91 - 120 of 169
Full-Text Articles in Education Law
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Reading, Writing, And Reparations: Systemic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams
Michigan Journal of Race and Law
This Article analyzes Virginia's effort to remedy massive resistance and posits that, under reparations theory, a broader remedy is necessary to redress the scope of the state's wrongdoing. To do this, Part I briefly examines reparations theory, which provides the tools to identify the proper scope of the injury to be addressed, and, in turn, informs the proper choice of remedy. With this background, Part II discusses the Brown Fund Act and the massive resistance it seeks to remedy. In this connection, the Article demonstrates that the school shutdowns were part of a statewide decision to defy Brown and maintain …
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
A History Of Hollow Promises: How Choice Juisprudence Fails To Achieve Educational Equality, Anita F. Hill
Michigan Journal of Race and Law
This Article combines analysis of case law at state and federal levels as well as federal educational policy in an effort to formulate a framework for addressing educational inequalities, of which the achievement gap is only one result. As individual rights concepts control the discourse of equal educational opportunity, community injury continues to be ignored. Because educational policy aimed at ending educational inequities is governed by equal protection analysis and guided by court decisions, limitations in legal opinions drive such policies. The lack of attention to community harm in law and educational policy limits the ability of education legal reforms …
A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart
A Local Distinction: State Education Privacy Laws For Public Schoolchildren, Susan P. Stuart
Law Faculty Publications
No abstract provided.
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn't Matter?, Preston C. Green Iii, Bruce D. Baker
Michigan Journal of Race and Law
This Article examines whether conservative critics are correct in their assertion that the Kansas City, Missouri School District (KCMSD) desegregation plan clearly establishes that no correlation exists between funding and academic outcomes. The first section provides a summary of public education in KCMSD prior to 1977, the beginning of the Missouri v. Jenkins school desegregation litigation. The second and third sections analyze whether the Jenkins desegregation and concurrent school finance litigation (Committee for Educational Equality v. State) addressed these problems. The fourth section provides an overview of school finance litigation and explains how KCMSD desegregation plan has been …
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Faculty Scholarship
The current state of religion in the nation's public schools is odd indeed. On the one hand, the courts have consistently held that public school teachers may not lead their students in an organized prayer. Yet on the other hand, most people seem to agree that there is no problem with those same teachers leading their students in the Pledge of Allegiance, an exercise that asks students on a daily basis, not only to explicitly recognize the existence of a single god, but also to link the nation's very identity to that highly contested theological proposition. Likewise, despite the fact …
The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz
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 …
Last Wave: The Rise Of The Contingent School District, The , Aaron J. Saiger
Last Wave: The Rise Of The Contingent School District, The , Aaron J. Saiger
Faculty Scholarship
Spurred in part by state court cases holding that states bear a constitutional duty to educate all children adequately, and making creative use of the arguments of school choice advocates, the states and other policy actors have in recent years recast the problem of deficient schooling as one of government structure rather than one of individual rights. This reorientation has contributed to a dramatic erosion of the traditional role of the local school district as the leading administrative, policymaking, and legal unit of American school government. A new, polyarchic distribution of power has arisen in place of district primacy, bearing …
Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris
Memphis Sings 'Soul' Music, Rural Does Country: School Finance Litigation In Tennessee, Lee A. Harris
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Constitutional Common School, Molly O'Brien, Amanda Woodrum
Cleveland State Law Review
In this paper we turn to historical evidence as a beginning point for understanding the constitutional vision and values of the "thorough and efficient system of common schools" mandated by Article VI, Section 2 of the Ohio Constitution. In Part II, we consider the early development of public schooling in America and the complex relationship between public education and religion. The inclusion of the educational provisions in the Constitution of 1851 represented a victory for the advocates of a non-sectarian, state operated system of schools that would encourage civic participation and avoid religious indoctrination In Part II, we address efforts …
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Are Single-Sex Schools Inherently Unequal?, Michael Heise
Cornell Law Faculty Publications
No abstract provided.
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld
Michigan Journal of Race and Law
This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
Faculty Scholarship
Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
The Equal Access Act: Still Controversial After All These Years, Leora Harpaz
Faculty Scholarship
Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …
With Strings Attached: The Limits On Local Control, Richard Briffault
With Strings Attached: The Limits On Local Control, Richard Briffault
Faculty Scholarship
In a December 2003 decision, a Colorado trial court judge invalidated the state's new school voucher program. The decision was unusual in that the court relied not on traditional separation-of-church-and-state concerns, but instead on a provision of the Colorado state constitution that vests control over public education in local school boards. The court held that by failing to give local school boards any" input whatsoever into the instruction to be offered by the private schools" that accepted voucher students, the state had violated the constitutional provision that grants local boards "control of instruction in the public schools of their respective …
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Silence Of The Lambs: Are States Attempting To Establish Religion In Public Schools?, Linda D.W. Lam
Vanderbilt Law Review
The proper role of religion in public schools has been a topic of bitter debate for many years. While one group of individuals believes that there should be a complete separation of church and state, another group believes that religion should have an integral place in public education. Although both groups have looked to the circumstances surrounding the enactment of the First Amendment to support their respective positions, each has been unable to find clear, definitive support regarding the appropriate relationship between religion and public schools, as there was no public education system at that time. One major issue that …
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Fordham Urban Law Journal
This Article examines the private takeover of the management of K-12 publicly funded schools. It focuses on one particular educational management organization, Edison Schools. This Article examines the situation in Philadelphia's public schools and the efforts of a local school reform commission to revitalize K-12 education. It goes on to look into the personalities of those who started and today run Edison Schools, analyze Edison Schools financial position, and discuss the structured educational approach Edison Schools uses in it schools. This Article addresses the policy considerations behind the efforts to privatize public schools. It concludes that while Edison Schools does …
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
From Equity To Adequacy: The Legal Battle For Increased State Funding Of Poor School Districts In New York, Brian J. Nickerson, Gernard M. Deenihan
Fordham Urban Law Journal
This Article evaluates the influence of federal courts' school finance cases on the New York school finance groups' decision to litigate in the New York courts. It then analyzes the importance of other states' legal precedents in school finance cases as a factor influencing interest groups in New York to challenge the state's public education funding formulas. This Article discusses the progression of public elementary and secondary school funding formula litigation in New York, focusing on the legal arguments raised by various interest group-plaintiffs and tracing the development of those arguments to school finance cases in other states. The conclusion …
Overcoming A Lawyer's Dogma: Examining Due Process For The "Disruptive Student", Jessica Falk
Overcoming A Lawyer's Dogma: Examining Due Process For The "Disruptive Student", Jessica Falk
University of Michigan Journal of Law Reform
This Note explores how traditional due process functions in the context of school expulsion hearings. Traditional due process is inadequate in the case of "chronically disruptive" students because these students have lost their property right in education long before the law requires a due process hearing. Instead, new avenues of due process that are better adapted to the educational setting must be explored. Lawyers should expect schools to identify students' with behavioral problems before expulsion becomes imminent and assist students in overcoming these problems. This "educational due process" not only helps to protect troubled student's education, but it is also …
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
UF Law Faculty Publications
This paper explores the harm of teaching The Adventures of Huckleberry Finn in public school classrooms. Such harm can be broadly described as emotional segregation, which occurs when society sanctions disrespect. To illustrate the effects of emotional segregation, this article explores the reaction Black students and parents have to the novel to that of White students and parents. White students eagerly imagine being Huck and going on his adventures. Black students, however, cannot and should not even be asked to try to imagine being Huck and betraying their racial identity. But then who are the Black students supposed to identify …
Essay: Pledging Allegiance, Michael K. Steenson
Essay: Pledging Allegiance, Michael K. Steenson
Faculty Scholarship
This Essay focuses on the Pledge of Allegiance requirement and its place in public schools. It begins with an analysis of a typical, but certainly not isolated, approach of the Minnesota Legislature, following September 11, in passing a bill that required recitation of the Pledge. This Essay then moves to a discussion of the events surrounding the 1943 United States Supreme Court decision in West Virginia State Board of Education v. Barnette and how Barnette has subsequently been interpreted. Finally, this Essay discusses the probable impact of the Minnesota Constitution on the Pledge Bill, should it pass in this legislative …
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Michigan Journal of Race and Law
In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …
Conscious Use Of Race As A Voluntary Means To Educational Ends In Elementary And Secondary Education: A Legal Argument Derived From Recent Judicial Decisions, Julie F. Mead
Michigan Journal of Race and Law
This paper provides an in-depth examination of the ten recent court decisions concerning race-based student selection processes. As these cases will illustrate, school districts face increasing demands to justify any race-conscious selection process. The significance of meeting the demands and the implications for what appears to be an evolving legal theory is national in scope and broad in application. Some have even argued that some of these cases mark a departure away from the Court's thinking in Brown v. the Board of Education. It should also be noted that each of the cases mentioned above occurred in the context …
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
The State Judiciary's Role In Fulfilling Brown's Promise, Quentin A. Palfrey
Michigan Journal of Race and Law
After a brief overview of school finance litigation since Rodriguez and school desegregation cases since Brown, Part I argues that the "adequacy" model of reform addresses many of the underlying concerns of the equity model without sharing its methodological and strategic shortcomings. Part II focuses in more detail on Campaign for Fiscal Equity v. State ("CFE"). Part III argues that education reform that is implemented after a finding that a state has violated a state constitutional duty should: (1) equalize funding to the extent necessary to guarantee certain minimum necessary inputs such as qualified teachers, small class …
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
The Children Left Behind: How Zero Tolerance Impacts Our Most Vulnerable Youth, Ruth Zweifler, Julia De Beers
Michigan Journal of Race and Law
The Michigan Journal of Race & Law Symposium, February 8th and 9th, 2002, at the University of Michigan examined the issue: Separate but Unequal: The Status of America's Public Schools. In the past, children of color were expressly denied an equal education on the basis of their race. Today's policies deny many children of color access to educational programs and supports, for reasons that are neutral on their face, with devastating consequences to the students, their families and their communities. The following article explores the concerns and experiences of a public service agency with the growing application of "Zero Tolerance" …
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Foreword, Separate But Unequal: The Status Of America's Public Schools, James Foreman Jr.
Michigan Journal of Race and Law
This Symposium, convened by the Michigan Journal of Race & Law, was designed to address many of the issues raised by Donny Gonzalez, a student at a Washington, D.C. high school, on the subject of poverty and race and its effects on school-aged youth. Bringing together a diverse group of speakers and attracting a broad cross-section of the university and Ann Arbor communities, the Separate but Unequal Symposium addressed a range of issues, including: the ongoing relevance of integration, the role of charter schools and other alternative programs, and promising strategies for achieving greater educational equality. A theme linking …
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Separate But Unequal: The Status Of America's Public Schools, Michigan Journal Of Race & Law
Michigan Journal of Race and Law
Transcript of the symposium, which took place at the University of Michigan Law School on Saturday, February 9, 2002 in Hutchins Hall.
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
"I'M Usually The Only Black In My Class": The Human And Social Costs Of Within-School Segregation, Carla O'Connor
Michigan Journal of Race and Law
The work that has focused on within-school segregation has been most concerned with how this phenomenon limits the educational opportunities and might incur a psychological toll on the mass of Black students who find themselves relegated to lower-ability classrooms in integrated schools. This Article, however, allows us to begin to examine the other side of the coin. It reports on how within-school segregation practices create psychological, social, and educational pressures for those few Black students who have escaped enrollment in the least rigorous courses in their school. More precisely, the Article offers insight into how high achieving Black students in …
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Putting Black Kids Into A Trick Bag: Anatomizing The Inner-City Public School Reform, Wilbur C. Rich
Michigan Journal of Race and Law
Part I of this Article discusses the history of Brown, and the legal and political barriers that prevented the nation from fulfilling Brown's promise. Part II, will examine the phenomenon of White flight, which resulted from the efforts to implement the court-ordered desegregation of public schools. The political and economic effects of White flight on school reform efforts will also be examined. Part III will provide the reader with possible explanations for why school desegregation failed. The author will argue that the unexpected complexity of the task of desegregation, the lack of a unified direction among the judiciary, and …
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
New York Public School Financing Litigation (Symposium: New York State Constitutional Law: Trends And Developments), Leon D. Lazer
Scholarly Works
No abstract provided.