Education Law Commons^™

Title Ix And Title Vii: Parallel Remedies In Combatting Sex Discrimination In Educational Employment, Lynn Ridgeway Zehrt

Marquette Law Review

The federal circuit courts of appeals are divided over the proper relationship between Title IX of the Higher Education Amendments Act of 1972 and Title VII of the Civil Rights Act of 1964. Specifically, the federal courts disagree over whether an employee of an educational institution may sue her employer for employment discrimination under either Title IX or Title VII. Some courts have concluded that these employees may not bring employment discrimination claims under Title IX, holding that Title VII provides the sole avenue for obtaining monetary relief for employment discrimination against educational institutions. Other courts have reached the opposite …

Free Speech, Public Safety, & Controversial Speakers: Balancing Universities' Dual Roles After Charlottesville, Elisabeth E. Constantino

St. John's Law Review

(Excerpt)

This Note seeks to develop an approach to hateful and controversial speech that protects First Amendment values and students alike. Part I discusses the legal backdrop and First Amendment tradition that underlies a permissive view of hateful speech on university campuses. Part I also discusses the roots of time, place, and manner regulations and the public forum doctrine, both of which recent legislation invokes. Part II provides a timeline of events that have highlighted the tension between free speech and public safety on campuses. Part II also discusses the eruption of legislation that these events inspired. Finally, Part III …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

The Fundamental Right To Education, Derek W. Black

Notre Dame Law Review

New litigation has revived one of the most important questions of constitutional law: Is education a fundamental right? The Court’s previous answers have been disappointing. While the Court has hinted that it might recognize some minimal right to education, it has thus far refused to do so.

To recognize a fundamental right to education, the Court would have to overcome two basic problems. First, the Court needs an originalist theory for why our Constitution protects education, particularly since the word education does not even appear in the Constitution. Second, the right to education implicates complex questions regarding its scope. Those …

Promises Still To Keep: The Fair Housing Act Fifty Years Later, Paula A. Franzese, Stephanie J. Beach

Cardozo Law Review

This Article considers how the Act's aims have been impeded by drastic declines in the quantity and quality of available subsidized housing, the practice of tenant blacklisting, and exclusionary zoning. Those and other barriers exist as the need for affordable housing rises, with one in three Americans struggling to get by.' Reclaiming the Act's promise depends on the coalescing of diverse and varied alliances around the unifying premise that decent housing is a human right. We can and must arrive at a collective will to assure that no one is denied a safe place to call home and all are …

No Place For Speech Zones: How Colleges Engage In Expressive Gerrymandering, A. Celia Howard

Georgia State University Law Review

This note takes a critical look at the shortcomings of the current tests applied to speech zone litigation as well as the constitutional violations that occur when public schools carve out speech areas. Part I examines the evolution of First Amendment law in education, with a focus on university free speech zones. Part II analyzes the convoluted First Amendment jurisprudence, suggesting that the time, place, and manner test, typically used in conjunction with a forum analysis when examining the constitutionality of speech zones, allows universities to practice what is known as “expressive gerrymandering.” Finally, Part III proposes that courts eliminate …

Cities, Fair Housing, And Gentrification: A Proposal In Progressive Federalism, David D. Troutt

Cardozo Law Review

This Essay divides in two Parts. In Part I, I will situate the three fair housing interests in the familiar AFFH planning environment, offering arguments to shape context. The harder task is implementation. What constitutes the specific laws and policies that indicate a city's commitment to fair housing? In Part II, I will draw upon some of the work that the center I direct at Rutgers Law School (the Center on Law, Inequality and Metropolitan Equity) has done in Newark, New Jersey, a working-class city experiencing an affordable housing crisis amid increasing economic development activity in the middle of one …

Rigor And Relationships: The Positive Case For Integration In Schools And Neighborhoods, Rachel D. Godsil

Cardozo Law Review

This Essay first explores the current conditions of schools and neighborhoods and the impediments to achieving successful integration in schools- implicit bias, racial anxiety, and stereotype threat. Second, the Essay then identifies the strategies that are being employed in some schools to overcome these impediments and create quality schools that educate all students in a just and effective manner. Finally, the Essay explains how integrated neighborhoods would be the most effective long-term solution to the stereotyping and biases that underlie racial injustices across the board.

The Fair Housing Act After Fifty Years: Opening Remarks, Julián Castro

Cardozo Law Review

Fifty years ago, on this day in late March, the United States was about to go through one of the darkest stretches in modern American history. At the end of March 1968, President Lyndon Johnson announced that he would not run for reelection. Just a few days later, of course, on April 4th, Martin Luther King Jr. was assassinated. A couple of months after that, on June 6th, Robert Kennedy died as he campaigned for President of the United States. Cities across our country were in a state of total unrest. It was, as many have described it, a year …

Prioritizing The Welfare Of Youth: Design Failure In Juvenile Justice And Building The Restorative Alternative, Michael Friedman

Mitchell Hamline Law Review

No abstract provided.

Endrew F. Clairvoyance, Mark C. Weber

Touro Law Review

No abstract provided.

Systematic Prevention Of A Serial Problem: Sexual Harassment And Bridging Core Concepts Of Bakke In The #Metoo Era, Nancy Chi Cantalupo, William C. Kidder

Law Faculty Research Publications

No abstract provided.

Contracting Around Gender Constructs: Transgender Men At Women's Colleges, Elizabeth A. Heise

Michigan Journal of Gender & Law

As the transgender community gains increasing visibility in society, women’s colleges have begun to address new questions about who is eligible to attend. One such question is whether students who come out as transgender men after matriculation are eligible to remain enrolled and graduate from these institutions. The main claims relevant to this discussion are (1) colleges’ right to retain their identity as all-women’s institutions; (2) the parallel rights of cisgender female students who explicitly choose to attend an all-women’s institution, and (3) transgender students’ competing right to avoid arbitrary or capricious dismissal based on gender identity. This Note posits …

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

The School Of Hard Knocks: Examining How Pennsylvania School Disciplinary Policies Push Black Girls Into The Criminal Justice System, Brazitte A. Poole

Duquesne Law Review

No abstract provided.

A Watershed Moment In The Education Of American Indians: A Judicial Strategy To Mandate The State Of New Mexico To Meet The Unique Cultural And Linguistic Needs Of American Indians In New Mexico Public Schools, Preston Sanchez, Rebecca Blum-Martinez

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Can Accessibility Liberate The "Lost Ark" Of Scholarly Work?: University Library Institutional Repositories Are "Places Of Public Accommodation”, 52 Uic J. Marshall L. Rev. 327 (2019), Raizel Liebler, Gregory Cunningham

UIC Law Review

For any body of knowledge – an ark of power or a corpus of scholarship – to be studied and used by people, it needs to be accessible to those seeking information. Universities, through their libraries, now aim to make more of the scholarship produced available for free to all through institutional repositories. However, the goal of being truly open for an institutional repository is more than the traditional definition of open access. It also means openness in a more general sense. Creating a scholarship-based online space also needs to take into consideration potential barriers for people with disabilities. This …

On Academic Tenure And Democracy: The Politics Of Knowledge, 53 Uic J. Marshall L. Rev. 937 (2019), Sara Dillon

UIC Law Review

No abstract provided.

The People V. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Ben L. Trachtenberg

Faculty Publications

Surveys taken since 2015 reveal that Americans exhibit stark partisan divisions in their opinions about colleges and universities, with recent shifts in attitudes driving changes to higher education law. In recent years, Democrats have become slightly more positive about higher education. Concurrently, Republicans have become extremely more negative, and a majority of Republicans now tells pollsters that colleges and universities have an overall negative effect on the country.

Particularly in legislative chambers controlled by Republicans, public and elite dissatisfaction with higher education has led to legal interventions into the governance of universities, with new laws related to faculty tenure, the …

Tenure Matters: The Anatomy Of Tenure And Academic Survival In American Legal Education, Stephen J. Leacock

Faculty Scholarship

No abstract provided.

Latino Education In Texas: A History Of Systematic Recycling Discrimination, Albert H. Kauffman

Faculty Articles

All of Texas was once part of Mexico. Texas has never forgotten it. This is the historical basis for much of the Texas Latino population's struggle for equal educational opportunities. This article will discuss those struggles endured by the Latino population in their quest for equal educational opportunity from the time of Texas's entry into the Union in 1845 to present-with greater emphasis on the last half century. In each Section, I will briefly describe the history of discrimination against Mexican- Americans in that segment of education history and the relationship between the developments in that segment of education history …

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Speech Across Borders, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …

Coerced Choice: School Vouchers And Students With Disabilities, Claire Raj

Faculty Publications

The landscape of public education, once thought to be a core function of the state, is shifting towards privatization. The appointment of Betsy DeVos as U.S. Secretary of Education further cements this shift. In particular, DeVos intends to vastly expand the availability of vouchers and tax credits that use public dollars to fund private school tuition. The debate over this expansion and its impact on traditional public schools has been polarizing and combative. Thus far, commentators have framed vouchers as purely matters of choice and increased educational opportunities. Drowned out in the debate are the voices of students with disabilities. …

Free Appropriate Public Education After Andrew F. V. Douglas County School District (2017), Terrye Conroy, Mitchell Yell

Faculty Publications

No abstract provided.

Breaking The Norm Of School Reform, Derek Black

Faculty Publications

No abstract provided.

Wealth Accumulation At Elite Colleges, Endowment Taxation, And The Unlikely Story Of How Donald Trump Got One Thing Right, Mae C. Quinn

Journal Articles

President Donald Trump has· declared war on immigrants, diversity, and those who dare to dissent. Rooted in resentments about who people are, where they were born, and what they believe, these executive-led assaults are dangerous developments in the modern era. However, in the course of Trump's many retrograde tirades, he has somehow managed to get one thing right-too many elite private colleges in the United States, considered nonprofit entities, have amassed way too much wealth. This Article recounts this unlikely story, including how the Trump Administration's 2017 endowment tax could work to advance diversity. The new endowment tax penalizes private …

From Skepticism To Reality-The Path To The Convention For The Enforcement Of Mediated Settlements, Deborah Masucci

Cardozo Journal of Conflict Resolution

The United States Delegation to the United Nations Commission on International Trade Law's ("UNCITRAL") Working Group II submitted a proposal for the Convention for the Enforcement of Mediated Settlements ("Convention") in May 2014. The proposal was met with skepticism. Delegates questioned the necessity of a convention citing past discussions where similar proposals were tabled. Some commentators went so far as to call the proposal the "Mediators Full Employment Act." Despite the pushback, the Working Group II decided to proceed with discussions to determine what a convention would look like while gathering more information from business users about the need for …

Could The Benefits Of The Public Service Loan Forgiveness Program Be Retroactively Curtailed?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

There is a sharp tension between the expectations that hundreds of thousands to millions of persons have or will have regarding their right to have their federal student loan debts forgiven under the Public Service Loan Forgiveness (“PSLF”) program and the legitimate public concerns regarding the large costs and regressive incidence of the PSLF program’s benefits. In 2017, the Trump Administration proposed abolishing the PSLF program for future federal Direct Loans, but this proposal was not adopted. A similar proposal was made in 2019 as part of the Administration’s fiscal 2020 budget proposal, with little chance of adoption. But given …

The Causal Effect: Implications Of Chronic Underfunding In School Systems On The Navajo Reservation, Adriana M. Orman

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.