Education Law Commons^™

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.

Racial Justice And Equity For African-American Males In The American Educational System: A Dream Forever Deferred, Floyd D. Weatherspoon

North Carolina Central Law Review

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Paralyzing Fear - Avoiding Distorted Assessments Of The Effect Of Law On Education, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Students With Diabetes: Life And Law Are Not Sweet, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

State Statutes To Protect Children With Diabetes: Noble Intentions But The Wrong Approach, James F. Mckethan, David H. Phillips

The Journal of Law and Education

No abstract provided.

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.

Universities & Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Universal Preschool: A Costly But Worthy Goal, Wilson Greene

The Journal of Law and Education

No abstract provided.

Supreme Court Decisions

The Journal of Law and Education

No abstract provided.

Copyrighted Standardized Tests: Is There A Fair Use, Jillian Clark Stull

The Journal of Law and Education

No abstract provided.

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Schemes, Jamie Dycus

The Journal of Law and Education

No abstract provided.

School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King

UF Law Faculty Publications

Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.

A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck

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

Texas must work to better protect the legal rights of pregnant teenagers within its school districts. Without statewide requirements to ensure the elimination of pregnancy discrimination against students, school districts’ policies vary greatly and often include policies counter to the protections afforded both in Title IX and the Texas Education Code. Title IX requires the choice to attend an alternative school be completely voluntary. However, upon inspection, many Texas schools seem to violate this requirement by compelling or pressuring pregnant students to attend alternative education programs instead of adequately informing them of their educational options. The Texas Education Code guarantees …

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

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

Abstract Forthcoming.

Social Reproduction And Religious Reproduction: A Democratic-Communitarian Analysis Of The Yoder Problem, Josh Chafetz

Cornell Law Faculty Publications

In 1972, Wisconsin v. Yoder presented the Supreme Court with a sharp clash between the state's interest in social reproduction through education -- that is, society's interest in using the educational system to perpetuate its collective way of life among the next generation -- and the parents' interest in religious reproduction -- that is, their interest in passing their religious beliefs on to their children. This Article will take up the challenge of that clash, a clash which continues to be central to current debates over issues like intelligent design in the classroom. This Article engages with the competing theories …

Playing Cowboys And Indians, B. Glenn George

Faculty Publications

No abstract provided.

Justifying Affirmative Action In K-12 Private Schools, Sharon H. Lee

ExpressO

In this Comment, the author examines the consequences of using substantially identical rules to govern affirmative action in both private employers and private schools. The author explores the law that governs private affirmative action and the justifications that courts have accepted for private affirmative action, focusing on whether these justifications are internal or external to the defendant. The author contends that the Supreme Court’s dicta in Johnson v. Transportation Agency, viewed in light of developments in Equal Protection Clause jurisprudence, weigh in favor of using external imbalances to justify private affirmative action. The author demonstrates that departing from the affirmative-action …

Parents Involved & Meredith: A Prediction Regarding The (Un)Constitutionality Of Race-Conscious Student Assignment Plans, Eboni S. Nelson

ExpressO

During the October 2006 Term, the United States Supreme Court will consider the constitutionality of voluntary race-conscious student assignment plans as employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education. These cases will mark the Court’s first inquiry regarding the use of race to combat de facto segregation in public education. This article examines the constitutionality of such plans and provides a prediction regarding the Court’s decisions.

The article begins with an analysis of the resegregation trend currently plaguing American educational institutions and identifies two causes for the occurrence: …

After The Gold Rush?: Grutter, Sander And ‘Affirmative Action’ “On The Run…” In The Twenty-First Century, Anthony Vincent Baker

ExpressO

No abstract provided.

New Hampshire’S Claremont Case And The Separation Of Powers, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] "Court decisions involving the adequacy of public education raise some obvious separation of powers problems. These include the institutional competency of courts to determine what level of education is adequate and how much funding is necessary to reach that level, and the authority of courts to enforce such judgments. This article will examine these problems through New Hampshire’s serial education funding litigation, the Claremont case. [. . .]

I will start by briefly reviewing the history of education funding litigation because this context is essential to understanding the Claremont case. I will then undertake a limited review of the …

The Cost Of Good Intentions: Why The Supreme Court's Decision Upholding Affirmative Action Admission Programs Is Detrimental To The Cause, Leslie Yalof Garfield

Pace Law Review

No abstract provided.

Who Should Control Children's Education?: Parents, Children, And The State, Maxine Eichner

ExpressO

The article considers how liberal democracies and their courts should address disputes about children’s education when they arise in public schools. I argue that in a liberal democracy it is inevitable that there will be conflicts among parents, children, and the state’s interests with respect to public education. Given the legitimacy of claims by the community to have a say in how its future citizens should be educated; the equally legitimate claims of parents to have a say in how their own children should be educated; the need for children to develop the autonomy that liberalism demands; and the needs …

Charter Schools And Collective Bargaining: Compatible Marriage Or Illegitimate Relationship, Martin H. Malin, Charles Taylor Kerchner

ExpressO

The rapid increase in charter schools has been fueled by the view that traditional public schools have failed because of their monopoly on public education. Charter schools, freed from the bureaucratic regulation that dominates traditional public schools, are viewed as agents of change that will shock traditional public schools out of their complacency. Among the features of the failed status quo are teacher tenure, uniform salary grids and strict work rules, matters that teacher unions hold dear. Yet unions have begun organizing teacher in charter schools. This development prompts the question whether unionization and charter schools are compatible.

In contrast …

Five Recommendations To Law Schools Offering Legal Instruction Over The Internet, Daniel C. Powell

ExpressO

This article addresses the emerging market for legal distance education. The market is being driven by recent changes in ABA regulations, as well as specialization in the curriculum, and expanding costs of traditional education. We are seeing the emergence of legal distance education consortiums, which offer a platform for the trading or selling of courses and programs.

However, much skepticism remains about the ability of distance education technology to offer law schools and law students a sufficiently interactive pedagogy. In the words of Supreme Court Justice Ruth Bader Ginsburg legal education is a “shared enterprise, a genuine interactive endeavor” that …

Holostic Learning: Amending The Rowley Test To Clarify The Inclusion Debate, Allan Kickertz

ExpressO

No abstract provided.

Lost Opportunity: Bush V. Holmes And The Application Of State Constitutional Uniformity Clauses To School Voucher Programs, Jamie S. Dycus

ExpressO

This article analyzes the Florida Supreme Court’s recent decision in Bush v. Holmes, in which the court struck down Florida’s school voucher program as a violation of Florida's constitutional uniformity clause. It argues that the court erred by applying a simplistic and ahistorical definition of uniformity, and recommends that future courts applying state constitutional uniformity clauses to school voucher schemes take a different approach.

Specifically, it argues that courts in future cases should begin by acknowledging frankly the necessity of determining the meaning of uniformity. Next, drawing on case law and historical evidence, they should fashion definitions of uniformity that …

School Finance Litigation: The History And Its Current Status In New York, Patrick A. Mcglashan

Journal of Race, Gender, and Ethnicity

No abstract provided.

A Compass For Success: A New Direction For Academic Support Programs, Cynthia Schmidt, Ann L. Iijima

Cardozo Public Law, Policy & Ethics Journal

The article examines the effectiveness of Academic Support Programs (ASPs) in law schools, focusing on the mandatory Compass program at William Mitchell College of Law. It argues that ASPs are most effective when they are structured, skills-focused, and mandatory for at-risk students, rather than targeting specific groups like minority students. The analysis highlights the importance of addressing academic support needs early to improve student performance and satisfaction while avoiding stigma and constitutional concerns. The study demonstrates significant GPA improvements for participants and emphasizes the need for race-neutral, inclusive program designs.