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Articles 61 - 71 of 71
Full-Text Articles in Education Law
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
Indiana Law Journal
No abstract provided.
Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone
Free Speech And School Governance In The Wake Of Hazelwood, Rosemary C. Salomone
Faculty Publications
(Excerpt)
The Supreme Court's 1988 decision in Hazelwood School District v. KuhImeier upholding public school officials' authority to censor material in a high school student newspaper sent immediate shock waves throughout the educational and legal communities. The Court's sweeping language in Hazelwood moved far beyond the narrow issue of school newspaper censorship. It even moved beyond the question of appropriate or acceptable speech in public secondary schools. It was clear that Hazelwood could have far-reaching consequences for student rights, school governance, and the scope of official authority to make curricular decisions that reflect the values of the local community.
Some …
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
From Widmar To Mergens: The Winding Road Of First Amendment Analysis, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In 1981, the Supreme Court decided Widmar v. Vincent, holding that a state university that created a "limited open forum" by opening its facilities to student organizations must grant equal access to religiously affiliated groups. The university's failure to do so constituted content-based discrimination that violated the First Amendment to the United States Constitution. The Court rejected the university's argument that its policy to disallow religious meetings on campus was implemented to avoid contravening establishment clause principles. The Court's opinion was inconclusive as to whether the Widmar rationale would apply to secondary schools.
During the same period, Congress …
Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen
Keeping The Camel's Nose Out Of The Tent: The Constitutionality Of N.L.R.B. Jurisdiction Over Employees Of Religious Institutions, Ellyn S. Rosen
Indiana Law Journal
No abstract provided.
Student Speech—Free Press In High Schools, Michael A. Simons
Student Speech—Free Press In High Schools, Michael A. Simons
Faculty Publications
(Excerpt)
Public educators in the United States are expected to pass on to their students—to inculcate in them—the shared values of their community. This communication of values is essential to the continued vitality of American culture and to the social, moral, and political education of students. Yet inculcation of community values cannot be allowed to trample students' individual liberties; public educators must strike a delicate balance between the state's educational interests and the students' rights to self-expression. Although the striking of this balance should initially be left to local educators, when value inculcation impermissibly interferes with students' constitutional rights, courts …
School Discipline Procedures: Some Empirical Findings And Some Theoretical Questions, Lee E. Teitelbaum
School Discipline Procedures: Some Empirical Findings And Some Theoretical Questions, Lee E. Teitelbaum
Indiana Law Journal
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Bakke Revisited - What The Court's Decision Means - And Doesn't Mean, Douglas D. Scherer
Scholarly Works
No abstract provided.
Constitutional Law - Disciplinary Infliction Of Corporal Punishment By Public School Authorities Without A Prior Hearing Is Not Cruel And Usual Punishment And Is Not Violative Of The Student's Fourteenth Amendment Procedural Due Process Rights, Mary Lynn Bingham
Villanova Law Review (1956 - )
No abstract provided.