Education Law Commons^™

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.

Access To Higher Education In Florida And South Africa: A Comparative Policy Analysis, Marty Z. Khan

UNF Graduate Theses and Dissertations

This study examines issues of access to higher education in Florida and South Africa. On November 9, 1999, the Governor of the State of Florida issued Executive Order 99-281 to establish the One Florida Initiative (OFI), which barred the use of race as a factor in university admissions. In South Africa, the government in February 2001 issued its National Plan for Higher Education (SANPHE). This plan outlined a framework to redress past inequities in the higher education system perpetuated by the former government's apartheid ideology. Senior university leaders in Florida and South Africa were required to implement their respective policy. …

The Equal Access Act: Still Controversial After All These Years, Leora Harpaz

Faculty Scholarship

Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …

Tacking Left: A Radical Critique Of Grutter, Daria Roithmayr

Publications

No abstract provided.

School Accountability And ‘High Stakes’ Testing, James G. Dwyer

Faculty Publications

No abstract provided.

The Theology Of The Blaine Amendments, Richard W. Garnett

Journal Articles

The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom.

First, the Article considers what might be called the federalism defense of the provisions. …

The Dark Side Of Grutter, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Liberals have generally cheered the Supreme Court's decision in Grutter v. Bollinger as validating the continued use of affirmative action in the struggle against racial injustice. But the Supreme Court's modern race cases rest on a misunderstanding of the nature of contemporary racial discrimination. From Brown, to Bakke, to Grutter, the Court has advanced a colorblind conception of racial equality that treats race-conscious affirmative action as constitutionally suspect, because it deviates from an aspirational baseline of race neutrality that lies at the core of the equal protection clause. However, race neutrality is a hopelessly artificial concept in …

The Equal Access Act: Still Controversial After All These Years, Leora Harpaz

Faculty Scholarship

Over its twenty-year history, the Equal Access Act has continued to spark controversy. Despite a large number of court decisions that have interpreted the scope of the statute, those controversies have not yet subsided nor are they likely to for the foreseeable future. Interpretation of the Equal Access Act is complicated by ambiguities in the statute's language and the complex relationship that exists between the statute and the First Amendment's prohibition on religious establishments combined with its protection for freedom of expression. The delicate constitutional balancing act that the statute attempts to accomplish complicates the task of statutory interpretation in …

The Hypothetical Opinion In Grutter V. Bollinger From The Perspective Of The Road Not Taken In Brown V. Board Of Education, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

The Racial Gap In Ability: From The Fifteenth Century To Grutter And Gratz, Kevin D. Brown

Articles by Maurer Faculty

Justice O'Connor’s opinion for the United States Supreme Court in Grutter v. Bollinger upheld the University of Michigan Law School’s affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative action articulated by Justice O'Connor implicitly recognized that underrepresented minorities with a history of discrimination are not as academically qualified as their non-Hispanic white (and Asian counterparts). Their inclusion in affirmative action plans is based on the belief that they provide enough educational and non-educational benefits to offset their academic shortcomings.

There are measurable …

After Grutter V. Bollinger-- Revisiting The Desegregation Era From The Perspective Of The Post-Desegregation Era, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

In Defense Of Deference, Luis Fuentes-Rohwer, Guy-Uriel E. Charles

Articles by Maurer Faculty

No abstract provided.

With Strings Attached: The Limits On Local Control, Richard Briffault

Faculty Scholarship

In a December 2003 decision, a Colorado trial court judge invalidated the state's new school voucher program. The decision was unusual in that the court relied not on traditional separation-of-church-and-state concerns, but instead on a provision of the Colorado state constitution that vests control over public education in local school boards. The court held that by failing to give local school boards any" input whatsoever into the instruction to be offered by the private schools" that accepted voucher students, the state had violated the constitutional provision that grants local boards "control of instruction in the public schools of their respective …

Federal Tenure Denial Litigation Involving Private Colleges And Universities, Robert P. Hamill

All-Inclusive List of Electronic Theses and Dissertations

Since 1972, the volume of federal litigation involving faculty and their institutions has escalated. Tenure denial litigation, too, has increased. Prior to 1972, there were no published federal tenure denial decisions involving private colleges and universities. Since 1972, the number of published tenure denial decisions in the private institutional setting has increased steadily. Higher education administrators need to understand the risks that are involved in the tenure review process. These risks include the possibility of a protracted and costly lawsuit. Such a lawsuit could result in having key administrators spend enormous amounts of time preparing for trial and testifying in …

Education Law, Jerry A. Lumley

Mercer Law Review

While the 2003 session of the Georgia General Assembly did not produce as much legislation in the area of school law as in years past, significant school legislation was signed into law by Governor Perdue in 2003. Additionally, Georgia's appellate courts issued several important decisions in this area. This Article discusses the significant legislation passed and major appellate decisions issued during the survey period.

Evading "Residence": Undocumented Students, Higher Education, And The States, Jessica Salsbury

American University Law Review

No abstract provided.

Kaleidoscopic Consent Decrees: School Desegregation And Prison Reform Consent Decrees After The Prison Litigation Reform Act And Freeman-Dowell, Shima Baradaran-Robison

BYU Law Review

No abstract provided.

Affirmative Action In Higher Education: Bakke Has Been Affirmed, Roy Carleton Howell

North Carolina Central Law Review

No abstract provided.

Constitutional Law—Education And Equal Protection—Towards Intelligence And Virtue: Arkansas Embarks On A Court-Mandated Search For An Adequate And Equitable School Funding System. Lake View School District No. 25 V. Huckabee, 351 Ark. 31, 91 S.W.3d 472 (2002)., Brian E. Carter

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—True Threat Doctrine And Public School Speech—An Expensive View Of A School's Authority To Discipline Allegedly Threatening Student Speech Arising Off Campus. Doe V. Pulaski County Special School District, 306 F.3d 616 (8th Cir. 2002)., William Bird

University of Arkansas at Little Rock Law Review

No abstract provided.

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Cornell Law Faculty Publications

No abstract provided.

Resuscitating The National Resident Matching Program: Improving Medical Resident Placement Through Binding Dual Matching, Melinda Creasman

Vanderbilt Law Review

People outside the medical profession have likely heard of the long hours that doctors keep, but are probably unaware of the low salaries and nonnegotiable contracts that medical school graduates must accept upon entering a residency program. In fact, young doctors are among the few professionals who do not find postgraduate employment in the open job market. Currently, fourth-year medical students seeking postgraduate residency training participate in a process that matches them to a single residency program. This match dictates where the new doctor will spend the next three to seven years of her career. Upon receiving a match, the …

An Autopsy Of The Structural Reform Injunction: Oops ... It's Still Moving, Myriam E. Gilles

Articles

No abstract provided.

The Philadelphia Story: The Rhetoric Of School Reform, Susan Dejarnatt

ExpressO

No abstract provided.

Academics, Public Employee Speech, And The Public University, Jennifer Elrod

Buffalo Public Interest Law Journal

No abstract provided.

The Secretary's Commission On Opportunity In Athletics Squandered Its Opportunity: Commercial College Sports And Why Title Ix Cannot Achieve Full Gender Equality Or Prevent The Elimination Of Minor Men's Teams, Suzanne Sangree

ExpressO

The Department of Education recently announced that it would not revise the regulations which apply Title IX to athletics, thus rejecting the recommendations of its Commission on Opportunity in Athletics. The Commission’s recommendations would have drastically undercut Title IX’s efficacy and established a Bush Administration model for turning civil rights protections on their heads. Fortunately, the Administration heeded the public critique of the Commission’s recommendations and retreated from its previously stated intention to implement them. Instead, it reiterated its support for the principles of gender equality embodied in Title IX. We thus narrowly averted a civil rights disaster. The great …

Does Free Exercise Mean Free State Funding? In Davey V. Locke, The Ninth Circuit Undervalued Washington's Vision Of Religious Liberty, Derek D. Green

Washington Law Review

In Davey v. Locke, a panel of the United States Court of Appeals for the Ninth Circuit ruled that Washington violated the Free Exercise Clause by refusing to allow a scholarship recipient to use state funds to pursue a theology degree. The court held that the state's scholarship requirements facially discriminated against religion, and that the state's interest in not violating its constitution did not serve as a compelling reason for the discrimination. In so holding, the Davey court ignored Ninth Circuit precedent and embraced a theory of the Religion Clauses at odds with United States Supreme Court jurisprudence. …

The Fifty-Fifth Annual Cardozo Memorial Lecture: The Law's Evolution: Long Night's Journey Into Day, Albert M. Rosenblatt

Cardozo Law Review

No abstract provided.

Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler

Vanderbilt Law Review

The controversy over teaching evolution in public schools is once again hot news. Ever since the Supreme Court decided in 1987 that Louisiana could not constitutionally require teachers to give equal time to teaching creation science and evolution, critics of evolution have adopted a variety of new strategies to change the way in which public schools present the subject to their students. These strategies have included teaching evolution as a "theory" rather than as a fact, disclaiming the truth of evolutionary theory, teaching arguments against evolution, teaching the allegedly nontheistic theory of intelligent design instead of creationism, removing evolution from …

Loose Lips Won't Sink Ships: Federal Education Rights To Privacy Act After Gonzaga V. Doe, D. Martin Warf

Campbell Law Review

No abstract provided.