Education Law Commons^™

The High School Attainment Credit: A Tax Credit Encouraging Parents To Help Motivate Students To Graduate From High School, David Hansen

Brigham Young University Education and Law Journal

No abstract provided.

The Supreme Court And Affirmative Action In Public Education, With Special Reference To The Michigan Cases, Philip C. Aka

Brigham Young University Education and Law Journal

No abstract provided.

Evading The No Child Left Behing Act: State Strategies And Federal Complicity, Evan Stephenson

Brigham Young University Education and Law Journal

No abstract provided.

Making Sense Of The Inclusion Debate Under Idea, Stacey Gordon

Brigham Young University Education and Law Journal

No abstract provided.

Proceed At Your Own Risk: The Balance Between Academic Freedom And Sexual Harassment, John E. Matejkovic, David A. Redle

Brigham Young University Education and Law Journal

No abstract provided.

Cheater's Proof: Excessive Judicial Deference Toward Educational Testing Agencies May Leave Accused Examinees No Remedy To Clear Their Names, Aron E. Goldschneider

Brigham Young University Education and Law Journal

No abstract provided.

Charitable Giving: An Analysis And Extension Of Justice Powell's Jurisprudence, Andrew Dana

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

I'M Confused: How Can The Federal Government Promote Diversity In Higher Education Yet Continue To Strengthen Historically Black Colleges?, Sean B. Seymore

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Paper Wars: First Amendment Challenges To School Material Distribution Policies, Leora Harpaz

Faculty Scholarship

Public schools are faced with an array of requests seeking permission to distribute material on school property. These requests may come from students, teachers or outside organizations. To respond to these requests, some school districts have adopted written policies to guide their determinations while others lack formal policies and respond on an ad hoc basis. Whether based on formal or informal policies, in deciding whether to permit distribution school officials typically take into account a variety of factors including the content of the material, the identity of the individual or group seeking permission and the time, place or manner of …

What About Our Future - The Chaos That Is The Texas School Finance System., Brian Stork

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

The current school finance system has failed to address the changing demographics of the state and has serious, long lasting negative effects on disadvantaged students by not providing better funding, services, or facilities. None of the attempts made to fix this glaring problem of inequity within the Texas school finance system has done anything besides point out these blatant flaws and patchwork approach to solving them. Judge Dietz concluded that since the current school finance system does not properly meet the general diffusion of knowledge requirement proscribed by Article VII, Section 1 of the Texas Constitution, it is inadequate and …

Acknowledgments, Antoine Garapon, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Leaving Homeroom In Handcuffs: Why An Over-Reliance On Law Enforcement To Ensure School Safety Is Detrimental To Children, Jennie Rabinowitz

Cardozo Public Law, Policy & Ethics Journal

The note critiques the increasing reliance on law enforcement and criminal justice systems to address school safety, arguing that such measures are often costly, ineffective, and disproportionately impact minority students. It advocates for alternative strategies, such as early intervention, education, and student empowerment, to prevent violence and create safer school environments. These approaches, the note suggests, not only reduce reliance on punitive measures but also address underlying issues and foster positive student outcomes.

The First Constitution: Rethinking The Origins Of Rule Of Law And Separation Of Powers In Light Of Deuteronomy, Bernard M. Levinson

Cardozo Law Review

This Article demonstrates the overlooked contribution of the ancient Near East to the development of constitutional law. The legal corpus of Deuteronomy provides a utopian model for the organization of the state, one that enshrines separation of powers and their systematic subordination to a public legal text - the "Torah" - that delineates their jurisdiction while also ensuring their autonomy. This legislation establishes an independent judiciary while bringing even the monarch under the full authority of the law. Deuteronomy's implicit model for a political constitution is unprecedented in legal history. Two of its cornerstones are fundamental to the modern idea …

Vouchers For Sectarian Schools After Zelman: Will The First Circuit Expose Anti-Catholic Bigotry In The Massachusetts Constitution?, Richard Fossey, Robert Leblanc

ExpressO

In Zelman v. Simmons-Harris, the U.S. Supreme Court ruled that an Ohio voucher program for Cleveland school children does not violate the Establishment Clause even though the program allows participation by sectarian schools. Within days after the Supreme Court released its decision, many of public education’s advocacy groups publicly expressed disappointment in Zelman’s outcome.

Although Zelman settled federal constitutional questions about vouchers, voucher opponents continued fighting in the courts. Much of this post-Zelman litigation involved arguments about the legality of various state constitutional bans against public aid for sectarian education. Scholars have shown that some of these state constitutional provisions—the …

Lex-Praxis Of Education Informational Privacy For Public Schoolchildren, Susan P. Stuart

Law Faculty Publications

No abstract provided.

The Political Economy Of Education Federalism, Michael Heise

Cornell Law Faculty Publications

The No Child Left Behind Act represents the federal government's most significant foray into the nation's elementary and secondary public school policymaking terrain. Although the Act undertakes unassailable policy goals, its critics argue that it represents an unwarranted federal intrusion into education policymaking, generates unintended policy consequences, and amounts to an unfunded federal mandate. Constitutionalists dwell on the Act's threat to structural federalism as it plausibly strains Congress's conditional spending authority. The coercive force that federal education funds exert on local school districts and states attracts particular attention. The No Child Left Behind Act, however, safely navigates through an even …

Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Reading, Writing, And Reparations: Systematic Reform Of Public Schools As A Matter Of Justice, Verna L. Williams

Faculty Articles and Other Publications

This Article examines reparations as a means of supporting systemic reform of public education, focusing on a recent enactment of the Virginia General Assembly, the Brown v. Board of Education Scholarship Program and Fund (Brown Fund Act). This provision seeks to remedy the state's refusal to integrate schools after the Supreme Court's decision in Brown v. Board of Education by providing scholarships to persons denied an education between 1954 and 1964, a period known as massive resistance. Under this regime, the state's executive and legislative branches colluded to develop laws that defied Brown's mandate, including authorizing the governor to close …

The Sanctity Of Conscience In An Age Of School Choice: Grounds For Skepticism, Robert K. Vischer

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Balancing The Five Hundred Hats: On Being A Legal Educator/Scholar/Activist, Susan Herman

Faculty Scholarship

No abstract provided.

Are Minnesota Teacher Termination Procedures Progressive: How Much Process Is Due?, Christina L. Clark, Harley M. Ogata

William Mitchell Law Review

No abstract provided.

The Right To Say No To Discrimination: A Commentary On Rumsfeld V. Fair, Zachary Wolfe

The Modern American

No abstract provided.

Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle

UIC Law Review

No abstract provided.

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.

Political Currency And Hard Currency: The No Child Left Behind Act Turns Three, 40 J. Marshall L. Rev. 345 (2006), John Heintz

UIC Law Review

No abstract provided.

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

Elisabeth Haub School of Law Faculty Publications

This article provides an overview of the Federal Courts’ interpretation of equal protection challenges to affirmative action admission policies beginning with University of California v. Bakke through the recent Supreme Court decisions of Grutter v. Bollinger and Gratz v. Bollinger. The article then identifies and outlines the appropriate elements of a constitutionally sound affirmative action admission policy. Finally, the article concludes that the permissible policy is almost unattainable for schools other than small institutions.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Highly Qualified Special Educators And The Provision Of A Free Appropriate Public Education To Students With Disabilities, J. Matt Jameson, Dixie S. Huefner

The Journal of Law and Education

No abstract provided.

Toying With God, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Using The Law Library: A Guide For Educators Part Vi: Working With Judicial Opinions And Other Primary Sources, William A. Hilyerd

The Journal of Law and Education

No abstract provided.