Education Law Commons^™

The Road Not Taken In Brown: Recognizing The Dual Harm Of Segregation, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Legislating Accountability: Standards, Sanctions, And School District Reform , Aaron J. Saiger

Faculty Scholarship

The “New Accountability” movement in American education purports to catalyze improvement in American education by setting clear state standards for academic performance, measuring performance against those standards, and disseminating information about results. This Article argues that the potential of state accountability programs lies not in their imposition of standards but in their imposition of a sanction - the disestablishment of school districts, which entails unseating the local superintendent and school board and replacing them with state officials or their designees - that is extremely painful for the targeted district but is also painful for states to impose. The first Part …

Brown At 50: Reconstructing Brown'S Promise, Taunya Lovell Banks

Faculty Scholarship

Today the measure of equal education for black children often is the racial composition of the school population rather than the quality of education received. Increasingly educational achievement for children of all races is tied to socioeconomic status. Since whites as a group are more affluent than non-whites, race and class tend to get conflated leaving uninformed people to conclude that racial integration alone is the measure of equal educational opportunities for black and other non-white children. Legal scholars writing about equal educational opportunities tend to focus either on ways to achieve racial integration or funding equality. Few scholars explore …

Are Single-Sex Schools Inherently Unequal?, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Fun With Dick And Jane And Lawrence: A Primer On Education Privacy As Constitutional Liberty, Susan P. Stuart

Law Faculty Publications

No abstract provided.

The Supreme Court And Pledge Of Allegiance: Does God Still Have A Place In American Schools?, Charles J. Russo

Educational Leadership Faculty Publications

The dearth of statistical or anecdotal evidence aside, combined with the relative lack of reported litigation, it appears that most students and teachers regularly participate in perhaps the most common daily school ritual by joining in the patriotic recitation of the Pledge of Allegiance (Pledge) and the salute to the American Flag. Yet, as discussed throughout this article, this daily practice has had a history of controversy, whether in schools or political settings.

Turning specifically to schools, in Newdow v. United States Congress (Newdow), the Ninth Circuit set off a firestorm of controversy when, in a case from California, it …

Race-Conscious Admissions Programs: Where Do Universities Go From Gratz And Grutter, Suzanne E. Eckes

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions Of Higher Learning Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Supreme Court Recent Developments In The Law

The Journal of Law and Education

No abstract provided.

Book Reviews

The Journal of Law and Education

No abstract provided.

Interdisciplinary Teaching And Collaboration In Higher Education: A Concept Whose Time Has Come, Carol Harding, Anita Weinberg

Faculty Publications & Other Works

No abstract provided.

Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion?, Neil G. Williams

Faculty Publications & Other Works

No abstract provided.

American Public Schools Fifty Years After Brown: A Separate And Unequal Reality, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Public schools became more segregated in the 1990s. More so than our neighborhoods, our schools are bastions of race and class privilege on the one hand, and race and class disadvantage on the other. Black and Latino schoolchildren are bearing the heaviest costs of this separation. They tend to be relegated to high-poverty; overwhelmingly minority schools that are characterized by poorer test scores, less experienced teachers, and fewer resources than the type of public schools most white children attend. This Essay argues that public schooling has become the "great equalizer" in America because it tends to place white children in …

Our Selma Is Here: The Political And Legal Struggle For Educational Equality In Denver, Colorado, And Multiracial Conundrums In American Jurisprudence, Tom I. Romero Ii

Scholarly Works

No abstract provided.

The Most Rational Branch: Guinn V. Legislature And The Judiciary's Role As Helpful Arbiter Of Conflict, Jeffrey W. Stempel

Scholarly Works

When the Nevada Supreme Court decided Guinn v. Legislature, one would have thought from reading the popular press accounts that the court had forcibly displaced the State legislature by means of a violent coup d'etat. Newspaper accounts of the decision referred to it as a usurpation of power in violation of clear constitutional language, belittling the court in language sometimes more appropriate to the baseball bleachers than to serious editorial commentary. Following suit, politicized elements of the citizenry began a recall effort (seemingly unsuccessful as of this writing) directed at the court as well as joining the chorus of criticisms. …

A Glimpse Behind And Beyond Grutter, Evan H. Caminker

Articles

Many people have suggested that the recent battle over affirmative action was a defining moment for the contemporary relevance of Brown v. Board of Education and that it would determine the promise and potential for widespread societal integration. In my remarks, I want to comment upon a couple of comparisons and links between the Brown, Bakke, Grutter, and Gratz cases.

Public Funding For Nonpublic Education: School Vouchers Initiatives, Kathleen G. Harris

Richmond Public Interest Law Review

On June 27, 2002, in Zelman v. Simmons-Harris, the United States Supreme Court upheld Ohio's school voucher initiative, authorizing government aid for students in failing Cleveland public schools to attend, upon independent parental choice, private and parochial schools. Similar education reform initiatives may face distinct challenges in the Commonwealth. Significantly, traditional legal interpretation of Virginia constitutional provisions has been more restrictive than those of federal constitutional provisions addressing government entanglement with religion. While carefully crafted voucher initiatives aiding sectarian private schools may pass muster under the U.S. Constitution, application of the Commonwealth's constitutional requirements could warrant a different result.

The Threat To Constitutional Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

Since the late 1980s, the academic authority of colleges and universities has been subjected to continuing blasts of criticism. Culture warriors portray decayed institutions where sixties radicals have seized control and terrorize students and the few remaining honest faculty with demands for political conformity or bewilder them with incomprehensible theorizing. Some valid criticisms by these writers can be gleaned among their towering hyperbole and tendentious accusations. But the overall effect has been to paint for the broader public an alarming, misleading picture of intolerance and cant. The prevalence of this picture, however false it may be, imperils the constitutional autonomy …

Campaign For Fiscal Equity, Inc. V. State, Oreen Chay

NYLS Law Review

No abstract provided.

Toward Mythos And Mythology: Applying A Feminist Critique To Legal Education To Effectuate A Socialization Of Both Sexes In Law School Classrooms, Pollybeth Proctor

Cardozo Journal of Equal Rights & Social Justice

The article critiques the current state of legal education and the legal profession, arguing that they suffer from a decline in ethical standards, public service, and empathy. It proposes a feminist-inspired reform agenda to address these issues by incorporating values such as collaboration, context, emotions, ethics, and empathy into legal training. The analysis highlights the limitations of traditional teaching methods, particularly the Socratic method, which fosters an adversarial and narrow approach to legal reasoning. The article advocates for a balanced approach that integrates both rational and emotional intelligence to prepare holistic practitioners who prioritize justice and service.

Let The Testing Begin, Alexis Reed

Public Interest Law Reporter

No abstract provided.

Celebrating Accomplishments In Equality, Sharon Breckenridge Thomas

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

Abstract forthcoming.

Abandoning Principles: Qualified Tuition Programs And Wealth Transfer Taxation Doctrine, Wayne M. Gazur

Publications

In 1996 Congress gave its imprimatur to a modest qualified tuition program provision. Over the course of the next five years the provision was expanded, providing additional wealth transfer taxation and income taxation benefits. This essay proposes that unless limited, such benefits are inconsistent with established taxation principles and also have the potential to undermine the integrity of the wealth transfer tax structure and the progressive nature of the income tax.

Brown V. Board Of Education: Reexamination Of The Desegregation Of Public Education From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Challenging The Bounds Of Education Litigation: Castaneda V. Regents And Daniel V. California, Alan E. Schoenfeld

Michigan Journal of Race and Law

This Note argues that by combining the normative suasion of educational finance litigation with the political imperatives manifested in affirmative action law and practice, those who seek to improve the quality of secondary education and expand access to higher education would likely effect greater change than they would working independently. Under the appropriate political and legal circumstances, access to public higher education ought to be treated as something akin to a fundamental right, the unequal distribution of which constitutes a violation of equal protection for students of color and for economically disadvantaged students. Using the Castaneda and Daniel lawsuits to …

Not As Easy As Black And White: The Implications Of The University Of Rio De Janeiro's Quota-Based Admissions Policy On Affirmative Action Law In Brazil, Ricardo Rochetti

Vanderbilt Journal of Transnational Law

This Note specifically addresses the propriety of affirmative action pertaining to admissions to institutions of higher education. The focus will be on Uerj's quota system because, of all of Brazil's neophyte quota systems, it has received the most publicity and attracted the most scrutiny.

Part II of this Note will analyze Uerj's program and highlight the reasons for its ineffectiveness and the arguments that both proponents and opponents of the program have advanced. Part III will introduce the issues that the Supreme Federal Tribunal, Brazil's highest court, will encounter in deciding the challenge that the National Confederation of Teaching Establishments …

The Sexual Assault Crisis In The United States Air Force Academy, Colleen Dalton

Cardozo Journal of Equal Rights & Social Justice

The note examines the systemic crisis of sexual assault at the United States Air Force Academy, highlighting how military culture, legal frameworks, and institutional failures perpetuate this issue. It argues that comprehensive legal and cultural reforms are necessary to address the pervasive gender discrimination and retaliation against victims. The analysis emphasizes the need for Congress to modernize the Uniform Code of Military Justice and for the military to adopt a model that promotes gender equality and accountability.

Education Finance Litigation: A Review Of Recent High Court Decisions And Their Likely Impact On Future Litigation, Anne Dupre, John Dayton, Christine Kiracofe

Scholarly Works

This article addresses the impact that school funding litigation has had in shaping public schools across the United States. It serves as an update to a 2001 article titled Serrano and It’s Progeny: An Analysis of 30 Years of School Funding Litigation, which reviewed school funding litigation since the Serrano v. Priest decision. This article updates that research by providing brief reviews of the most recent and significant school funding litigation decisions, including the most recent decisions in Claremont v. Governor, James v. Alabama Coalition for Equality, Tennessee Small School Systems v. McWhorter, Lake View v. Huckabee, DeRolph v. …

Real Ethical Dilemma: Professor Whistleblower And The Diary Of The Lost Job*, Terence Garrett

Political Science Faculty Publications

*This story is a fictionalized account of an actual event. Names have been changed to protect the innocent and the guilty. Any similarities with other persons or events are purely coincidental. A version of this paper was presented at a Roundtable discussion of the 2002 Midwest Political Science Association Annual Meeting, April 2002, in Chicago, IL, Roundtable Title – “Administrators, Activists, and Academics: Political Science at the Bargaining Table.” In no way, shape, or form is this essay about my current employer.