Education Law Commons^™

Using Law And Education To Make Human Rights Real In Women’S Real Lives, Nancy Chi Cantalupo

Georgetown Law Faculty Publications and Other Works

Three courses involving gender, human rights and global laws that the author teaches to two different groups (women’s/gender studies and international affairs undergraduates; and law students) demonstrate methods of making international human rights law and principles real to women’s real lives, as both an educational and activist project. By focusing on the linkages between “thinking globally” and “acting locally” in the area of gender and human rights, these courses suggest some ways of to educate and encourage students to actualize human rights laws and principles in their own communities and lives. The topics, methods and materials used in these courses …

The Parent As (Mere) Educational Trustee: Whose Education Is It, Anyway?, Jeffrey Shulman

Georgetown Law Faculty Publications and Other Works

The purpose of this Article is two-fold. First, the Article argues that the parent’s right to educate his or her children is strictly circumscribed by the parent’s duty to ensure that children learn habits of critical reasoning and reflection. The law has long recognized that the state’s duty to educate children is superior to any parental right. Indeed, the “parentalist” position to the contrary rests on an inflation of rights that is, in fact, a radical departure from longstanding legal norms. Indeed, at common law the parent had “a sacred right” to the custody of his child, and the parent’s …

Governing Board Accountability: Competition, Regulation And Accreditation, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

This article examines the three primary ways in which the governing boards of American colleges and universities are held to account: (1) competition; (2) regulation, including state nonprofit corporation laws, tax laws, and licensing laws; and (3) accreditation. It begins by tracing how lay (meaning nonfaculty) governing boards became the dominant form of governance in American higher education. It argues that governing boards provide American institutions of higher education with an exceptional degree of autonomy from state control and that, together with the shared governance approach that gives faculties primary responsibility for academic matters, they have been a vital factor …

Second Class Citizens: The Case Against Unequal Military Healthcare Benefits For Puerto Rican Veterans, Mónica Matos-Desa

Cardozo Journal of Equal Rights & Social Justice

The note argues that Puerto Rican veterans and their families face unequal treatment under the TRICARE healthcare system due to Puerto Rico's status as an unincorporated territory. This inequality stems from historical legal frameworks that have perpetuated the notion of Puerto Ricans as second-class citizens, despite their significant contributions to the U.S. military. The note advocates for legislative changes to extend equal TRICARE Prime benefits to Puerto Rico, ensuring first-class citizenship for its residents.

Smacking Lesson: How The Council Of Europe's Ban On Corporal Punishment Could Serve As A Model For The United States, Timothy John Nolen

Cardozo Journal of Equal Rights & Social Justice

The note advocates for the United States to adopt a model similar to the Council of Europe, allowing states to ban corporal punishment while respecting federalism. It highlights the negative effects of corporal punishment and the need for a comprehensive ban, drawing on international legal standards and empirical evidence.

"Your Results May Vary": Protecting Students And Taxpayers Through Tighter Regulation Of Proprietary School Representations, Aaron N. Taylor

All Faculty Scholarship

This article argues for stricter regulation of proprietary (for-profit) school advertising and recruitment practices and proffers specific proposals for effectuating this regulation. Proprietary schools play an important role in broadening access to higher education. They enroll a large number of students who are underserved by traditional, non-profit institutions. These students tend to be poorer, less educated, and older than students at traditional schools, and they tend to undertake higher education for very practical reasons. These characteristics make them particularly susceptible to deceptive marketing and unfounded promises of higher education providers. Unfortunately, some proprietary schools exploit the susceptibilities of their target …

Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve

Articles by Maurer Faculty

This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

Neo-Orthodoxy In Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …

Sexual Orientation And Outcomes In College, Christopher (Kitt) Carpenter

Vanderbilt Law School Faculty Publications

It has been well documented that sexual minority individuals are significantly more likely to be college educated than heterosexual individuals [Black, D., Gates, G., Sanders, S., & Taylor, L. (2000). Demographics of the gay and lesbian population in the United States: Evidence from available systematic data sources. Demography, 37(2), 139–154; and others]. Yet there is very little scholarship on the experiences of sexual minorities in college. We discuss several ways that sexual orientation could matter for college outcomes, and we provide the first empirical evidence on this question by using confidential data on over 40,000 students from …

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Funny Money: How Federal Education Funding Hurts Poor And Minority Students, Cassandra Jones Havard

All Faculty Scholarship

Neither race nor class alone can predict educational achievement. However, in America, disparities in funding for education may be an impediment to educational opportunity for disadvantaged youth. At the crux of the Nation's achievement gap among minority children is the question of the how states should allocate federal education funds, and how local school districts should use those monies. Educators have long recognized that the socioeconomic circumstances of many public school students present great educational challenges. Since 1965, Congress has authorized the use of federal funds by local school districts to remedy the achievement gap.

Part I of this Article …

Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

This summer, Dr. Ken James announced his resignation as Education Commissioner at the Arkansas Department of Education (ADE). Dr. James’ last day was June 30, 2009 and Diana Julian stepped in as interim commissioner. Today, Governor Mike Beebe announced Tom Kimbrell as his choice for the next commissioner. As we await the official appointment of the new commissioner, the OEP felt it was appropriate to highlight Dr. James’ contributions to Arkansas education.

Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The Office for Education Policy is excited to welcome the new Arkansas Education Commissioner – Dr. Tom Kimbrell.

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.

Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis

Washington and Lee Law Review

No abstract provided.

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.

What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In response to the No Child Left Behind Act of 2001, state departments of education, including the Arkansas Department of Education (ADE), established rules to define a “highly qualified” teacher (HQT). While the spirit of this provision is clear and reasonable, the devil is, of course, in the details. That is, what exactly does highly qualified mean? Observers had good reason to be suspicious early on when many states claimed to have 95% or more of teachers being highly qualified. (For instance, according to Education Commission of the States, 100% of North Dakota teachers are considered highly qualified and 14 …

Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The federal Race to the Top is a national competition between states intended to support education reform and innovation in classrooms. States at the forefront of school reform are eligible to compete for $4.3 billion in Race to the Top grants. Since this is a competitive grant, it is possible that some states will not receive awards, and President Obama assures that “politics won’t come into play.”

Courtrooms As Battlefields In The Evolution War: Examining Judicial Behavior And The Outcomes Of Cases Involving Public Education And Religion, Trevor W. Ramsey

All-Inclusive List of Electronic Theses and Dissertations

Over the past century, various challenges to the teaching of the theory of evolution have made their way to the courts, with the two most recent dealing with the concept of "intelligent design." The goal of this study is to attempt to find indicators that could help predict how judges will decide these types of cases in the future. Due to the low number of such cases, this study looked at the issue from the broader perspective of conflicts between religion and public schools. Focusing on federal district and appellate courts, sixty-eight cases were selected, with 145 rulings from 121 …

Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim

Books & Book Chapters by Maurer Faculty

This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …

The Role Of One Religiously Affiliated Law School, Michael Herz

Articles

No abstract provided.

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

The University of New Hampshire Law Review

[Excerpt] “Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have …

Introduction: Can Constitutionalism, Secularism And Religion Be Reconciled In An Era Of Globalization And Religious Revival?, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Islamic Headscarves And Slippery Slopes, Murat Borovali

Cardozo Law Review

No abstract provided.

The Power Of Symbols And Symbols As Power: Secularism And Religion As Guarantors Of Cultural Convergence, Susanna Mancini

Cardozo Law Review

No abstract provided.

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.

Lessons Learned From Forest Grove School District V. T.A.: How The Supreme Court Can Refine The Approach To Private School Tuition Reimbursement Under The Idea, Courtney Rachel Baron

NULR Online

On April 28, 2009, the Supreme Court heard oral argument in Forest Grove School District v. T.A., a case that addresses a deeply contested issue in special education litigation. Reviewing the Ninth Circuit’s decision in Forest Grove, the Court will decide whether the Individuals with Disabilities Education Act (IDEA) entitles parents to reimbursement for their child’s private school education if the child has never received special education services provided by a public school. Forest Grove represents the latest of many cases to perpetuate the circuit split on this issue. In fact, in 2007, the Supreme Court addressed the …