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Articles 4261 - 4290 of 6062
Full-Text Articles in Education Law
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
Emotional Segregation: Huckleberry Finn In The Modern Classroom, Sharon E. Rush
University of Michigan Journal of Law Reform
In this article, I explore emotional segregation and how it functions in the context of Huckleberry Finn for both personal and academic reasons. Recently, I read Huckleberry Finn because it had been assigned to my daughter's middle school class. I was concerned for her welfare because she is Black and worried how the book would affect her. To understand her reactions, I had to understand the controversy surrounding the book, particularly as a White mother I have reflected quite deeply on the question whether the book is racist. I define "racism" as a belief in the myth of White superiority …
Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi
Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi
Richmond Journal of Law and the Public Interest
The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.
The Promise And Precondition Of Educational Autonomy, Neal K. Katyal
The Promise And Precondition Of Educational Autonomy, Neal K. Katyal
Georgetown Law Faculty Publications and Other Works
Part One of this Essay defends the Court's [Grutter] analysis. The thesis here is a simple one: Universities should have a zone of freedom in which to conduct their academic affairs because they are better at making choices about educational matters than are generalist courts. This is the position I took, both in the Sixth Circuit and in the Supreme Court, as the chief counsel to the amicus deans of many of the nation's leading private law schools in Grutter. Academic freedom has become something of a pariah concept; indeed, our amicus brief contained the only substantial discussion, let alone …
The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander
The Road To Vouchers: The Supreme Court's Compliance And The Crumbling Of The Wall Of Separation Between Church And State In American Education, Klint Alexander
Kentucky Law Journal
No abstract provided.
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Locked In Inequality: The Persistence Of Discrimination, Daria Roithmayr
Michigan Journal of Race and Law
In this Article, the author argues that the practice of charging school fees to attend public school is an example of locked-in discrimination that persists over time, even in the absence of intentional discrimination. Exploring the lock-in model of discrimination in the unique context of South Africa, Roithmayr makes two central points. First, discriminatory practices often become locked into institutional structures because high switching costs-the costs of moving from a discriminatory practice to an inclusive one—make it too difficult for an institution to discontinue discriminating. Even when institutional actors are fully committed to eradicating racial disparity, they may be constrained …
Privilege And Punishment: Press Governance In China, Perry Keller
Privilege And Punishment: Press Governance In China, Perry Keller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor C. Romero
Faculty Scholarship
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
A Moving Violation? Hypercriminalized Spaces And Fortuitous Presence In Drug Free School Zones, L. Buckner Inniss
Publications
No abstract provided.
Access, Adequacy And Equality: The Constitutionality Of School Fee Financing In Public Education, Daria Roithmayr
Access, Adequacy And Equality: The Constitutionality Of School Fee Financing In Public Education, Daria Roithmayr
Publications
This article explores the question of whether charging school fees for public education violates s 29 or s 9 of the Constitution. The article concludes that fees may be unconstitutional, for two reasons. First, charging school fees may violate learners' rights to basic education under s 29, because a fee-based financing system creates problems with both access and adequacy. Despite the availability of exemptions for the poor, the school fee regime of financing appears to completely bar access for some learners. It also unconstitutionally burdens the right to access for others by requiring families to expend significant portions of …
Funding Religion In A Post-Zelman World, James G. Dwyer
Funding Religion In A Post-Zelman World, James G. Dwyer
Faculty Publications
No abstract provided.
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Depriving Washington State's Incarcerated Youth Of An Education: The Debilitating Effects Of Tunstall V. Bergeson, Jamie Polito Johnston
Seattle University Law Review
The analysis begins in Section II with a general overview and summary of Tunstall v. Bergeson. Section III presents a brief legislative background of the statute at issue in Tunstall, Education Programs for Juvenile Inmates, RCW section 28A.193. Section IV discusses Tunstall's misinterpretation of these statutory provisions, demonstrating the Education Programs for Juvenile Inmates' disregard of the paramount duty to provide education to youth under twenty-one pursuant to the Basic Education Act and violation of the Washington Constitution, as discussed in Section V. Next, Section VI argues that because the right to education is a fundamental right under state law, …
Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler
Darwin, Design, And Disestablishment: Teaching The Evolution Controversy In Public Schools, Jay D. Wexler
Faculty Scholarship
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 …
Public School Assignment Methods After Grutter And Gratz: The View From San Francisco, David I. Levine
Public School Assignment Methods After Grutter And Gratz: The View From San Francisco, David I. Levine
Faculty Scholarship
No abstract provided.
A Civics Action: Interpreting Adequacy In State Constitutions Education Clauses, Joshua Gupta-Kagan
A Civics Action: Interpreting Adequacy In State Constitutions Education Clauses, Joshua Gupta-Kagan
Faculty Scholarship
The antipathy of federal and state courts toward equal protection arguments in lawsuits challenging the public funding of education have forced education activists to search for alternative doctrinal hooks as they continue to seek reform in states' funding and management of schools. These activists have turned to state constitutions' education clauses, which impose duties on state governments to provide an "adequate" education for all children in the state. However, the art of defining and measuring an "adequate" education has advanced little beyond its state in 1973, when Justice Thurgood Marshall found the term unhelpful. In this Note, Josh Kagan surveys …
The Effect Of The Clery Act On Campus Judicial Practices, Dennis E. Gregory, Steven M. Janosik
The Effect Of The Clery Act On Campus Judicial Practices, Dennis E. Gregory, Steven M. Janosik
Educational Leadership & Workforce Development Faculty Publications
This article describes a study seeking to assess perceptions of campus judicial officers/members of the Association for Student Judicial Affairs (ASJA) regarding the effectiveness of the Clery Act (Campus Security Act) on campus judicial practices. In addition it provides information regarding overall effectiveness of Clery as perceived by the respondents. The researchers surveyed 1,143 members of the Association for Student Judicial Affairs (ASJA) whose institutions are covered by the Act. A total of 422 ASJA members returned questionnaires. This provided a response rate of 36.9%. The respondents included 39% Senior Student Affairs Officers who supervise a judicial conduct administrator, 44% …
Brown V. Board Of Education: 50 Years Later, Dana M. Malkus
Brown V. Board Of Education: 50 Years Later, Dana M. Malkus
All Faculty Scholarship
In Brown v. Board of Education, the U.S. Supreme Court unanimously concluded that the doctrine of “separate but equal” had no place in public education. That decision on May 17, 1954 initiated educational reform throughout the country and was a catalyst in launching the modern Civil Rights movement. Though Brown signaled the beginning of the end of de jure segregation in the United States, events since reveal that – one-half century later – the work is far from complete. On Friday, October 10, 2003, scholars, students, and practitioners joined together at Saint Louis University School of Law for a full-day …
Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown
Reexamination Of The Benefit Of Publicly Funded Private Education For African-American Students In A Post-Desegregation Era, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
Faculty Scholarship
Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Access To Cyberspace: The New Issue In Educational Justice, Patricia F. First, Yolanda Y. Hart
Access To Cyberspace: The New Issue In Educational Justice, Patricia F. First, Yolanda Y. Hart
The Journal of Law and Education
No abstract provided.
Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein
Beyond Brown V. Board Of Education: The Need To Remedy The Achievement Gap, Dora W. Klein
The Journal of Law and Education
No abstract provided.
Where Is The Proverbial Balance, Perry A. Zirkel
Where Is The Proverbial Balance, Perry A. Zirkel
The Journal of Law and Education
No abstract provided.
Primary And Secondary Education Recent Developments In The Law
Primary And Secondary Education Recent Developments In The Law
The Journal of Law and Education
No abstract provided.
Universities And Other Institutions Of Higher Learning Recent Developments In The Law
Universities And Other Institutions Of Higher Learning Recent Developments In The Law
The Journal of Law and Education
No abstract provided.
Articles, Notes, And Commentary Law Review Digests
Articles, Notes, And Commentary Law Review Digests
The Journal of Law and Education
No abstract provided.
Prescription Contraceptives: Educate Yourself On The Discrimination You May Be Suffering Because You Work For A Private Educational Institution, Cheryl A. Danner
Prescription Contraceptives: Educate Yourself On The Discrimination You May Be Suffering Because You Work For A Private Educational Institution, Cheryl A. Danner
The Journal of Law and Education
No abstract provided.
"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short
"Something Of A Sport:" The Effect Of Sandoval On Title Ix Disparate Impact Discrimination Suits, Jonathan M.H. Short
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Equal Educational Opportunity By The Numbers: The Warren Court's Empirical Legacy, Michael Heise
Cornell Law Faculty Publications
By drawing upon empirical social science evidence to inform a core tenet of the Court's understanding of equal education the Warren Court established one of its enduring - if under-appreciated - legacies: The increased empiricization of the equal educational opportunity doctrine. All three major subsequent legal efforts to restructure public schools and equalize educational opportunities among students - post-Brown school desegregation, finance, and choice litigation - evidence an increasingly empiricized equal educational opportunity doctrine. If my central claim is correct, it becomes important to consider the consequences of this development. I consider two in this Article and find both benefits …