Education Law Commons^™

The Supreme Court's Misplaced Concern With Selective Fairness: Bush V. Gore And Three Analogies To Grading Dilemmas, William K.S. Wang

Faculty Scholarship

No abstract provided.

Random Vs. Suspicion-Based Drug Testing In The Public Schools -- A Surprising Civil Liberties Dilemma, Martin H. Belsky

Akron Law Faculty Publications

The Tecumseh School District had a policy that all students who wished to participate in extracurricular activities that involved some sort of competition had to agree to drug testing before the competition and then randomly thereafter. ... Those selected for accusatory drug testing might be perceived to be wearing a "badge of shame" and be subject to the arbitrary whim of an administrator. ... Vernonia involved a rule requiring drug testing as a condition for participation in extracurricular competitive sports. ... In Earls, the Tecumseh School District adopted a "Student Activities Drug Testing Policy" that required all students who wished …

The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett

Journal Articles

As this Essay goes to press, the Supreme Court is considering whether Ohio's school-choice program violates the First Amendment to the United States Constitution. In my view, the Ohio program is sound public policy, and it is consistent with the Justices' present understanding of the Establishment Clause. I also believe that the Court will and should permit this experiment, and our conversations about its merits, to continue. The purpose of this Essay, though, is not to predict or evaluate ex ante the Court's decision. Instead, my primary aim is to suggest and then sketch a few broad themes that--once the …

An Unconstitutional Stereotype: Catholic Schools As Pervasively Sectarian, Gerard V. Bradley

Journal Articles

The Supreme Court first held public assistance to religious schools unconstitutional in 1971 in Lemon v. Kurtzman. From then until now the concept of “pervasively sectarian” has played a central role in “parochaid” jurisprudence; every holding against “direct” aid has rested upon it as a necessary premise. “Pervasively sectarian” refers to the assertedly religious (“sectarian”) character of the entire curriculum at parochial schools. Religion, it is said, so permeates the whole educational program that “direct aid” to any aspect of that program inescapably aids religion itself. And that, it is said, violates the Establishment Clause. Because aid statutes typically aim …

Liberty Not Fully Evolved?: The Case Of Rodney Levake And The Right Of Public School Teachers To Criticize Darwinism, Francis J. Beckwith

San Diego Law Review

In 2001, the Minnesota Court of Appeals reviewed the case of Rodney LeVake, a public school teacher who sought to enhance his school

district’s required science curriculum by suggesting to students alternative viewpoints inconsistent with that curriculum. This case, LeVake v. Independent School District, should be of great interest to legal theorists. Its holding, and the reasoning on which it is based, may serve as a Socratic provocation regarding the extent to which public school teachers have constitutional academic freedom (apart from statutory requirements or permission) to voluntarily include criticisms of and alternatives to evolutionary theory.

Demography And Desegregation In The Cleveland Public Schools: Toward A Comprehensive Theory Of Educational Failure And Success, William D. Henderson

Articles by Maurer Faculty

In recent years, courts and commentators have routinely assumed that the desegregation era caused white flight and contributed to the deterioration of urban schools. Cleveland is often cited as a prototypical example of this misguided policy. The empirical basis for this belief, however, has been assumed rather than proven. This article uses the critical case study method to assess how the 1976 Cleveland desegregation order altered pre-existing demographic patterns within the Cleveland metropolitan area. Specifically, the article draws upon the social science literature to construct two theories of central city decline: (1) studies that link increased rates of white flight …

Intercollegiate Athletics: The Program Expansion Standard Under Title Ix's Policy Interpretation, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

The Death Of Section 504, Ruth Colker

University of Michigan Journal of Law Reform

This Article argues that the passage of the ADA had an unexpected consequence, namely the narrowing of the rights that were understood to exist under Section 504. Section 504 covered two broad areas of the law: the law of employment for individuals employed by entities receiving federal financial assistance and the law of education for students attending primary, secondary or higher education. The effect on the law of employment, which I will discuss in Part II, has been immediate and dramatic. The effect on the law of education, discussed in Part III, cannot yet be fully documented. Recent decisions, however, …

"Counselor, Proceed With Caution": The Use Of Integrated Evidence Presentation Systems And Computer-Generated Evidence In The Courtroom, Elan E. Weinreb

Cardozo Law Review

No abstract provided.

The Crack In Justice Scalia's Crystal Ball: Single-Sex Charter Schools May Prove His Prediction In Vmi Was Wrong, Sarah Kinsman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Recognizing Schools' Legitimate Educational Interests: Rethinking Ferpa's Approach To The Confidentiality Of Student Discipline And Classroom Records, Lynn M. Daggett, Dixie Snow Huefner

American University Law Review

No abstract provided.

Defunis V. Odegaard, 416 U.S. 312 (1974): A Case Study Of The Interface Between Cultural Development, Judicial Politics And Litigation Strategy, Marc A. Perrone

Buffalo Public Interest Law Journal

No abstract provided.

The Sixth Circuit Dropped The Ball: An Analysis Of Brentwood Academy V. Tennessee Secondary School Athletic Ass'n In Light Of The Supreme Court's Recent Trends In State Action Jurisprudence, Josiah N. Drew

BYU Law Review

No abstract provided.

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Michigan Law Review

Ever since the Supreme Court's invalidation of racially segregated public schools in Brown v. Board of Education, America has wrestled with the challenge of successfully dismantling educational apartheid. In recent years, the federal judiciary has largely retreated from enforcing desegregation in school districts that were once under court supervision for engaging in intentional racial discrimination, finding that the vestiges of past discrimination have been satisfactorily ameliorated. In some such unitary school districts, as well as in districts in which no intentional segregation was ever identified by the courts, boards of education, have voluntarily implemented student assignment plans designed to increase …

Arkansas Civil Rights Act - School Districts' Liability For Peer Abuse: Arkansas Supreme Court Holds School Districts Have No Duty To Protect Students From Each Other. Rudd V. Pulaski County Special School District, 341 Ark. 794, 20 S.W.3d 310 (2000)., Kimberly Miller

University of Arkansas at Little Rock Law Review

No abstract provided.

Can Students Sue When Schools Don't Make The Grade? The Washington Assessment Of Student Learning And Educational Malpractice, Rebecca R. Glasgow

Washington Law Review

Washington's Academic Achievement and Accountability Statute (AAA Statute) creates a statewide system of school accountability. It also requires that all students pass the tenth-grade level of the Washington Assessment of Student Learning standardized test (WASL) to receive a diploma. Unfortunately, when this graduation requirement takes effect in 2008, many students will not receive diplomas because they will be unable to pass the WASL before graduation. Some of these students will have met all local graduation requirements, so the only graduation requirement they will not be able to meet will be the statewide requirement that they pass the WASL. Their WASL …

If You Build It, They Will Come: Establishing Title Ix Compliance In Interscholastic Sports As A Foundation For Achieving Gender Equity, Amy Bauer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Digital Music: Educational Issues, John Faust

Brigham Young University Education and Law Journal

No abstract provided.

Improving The Teachings Of School Law: A Call For Dialogue, Suzanne R. Painter

Brigham Young University Education and Law Journal

No abstract provided.

"That's Not What Ferpa Says!": The Tenth Circuit Court Gives Dangerous Breadth To Ferpa In Its Confusing And Contradictory Falvo V. Owasso Independent School District Decision, Amy Bennett, Adrienne Brower

Brigham Young University Education and Law Journal

No abstract provided.

School Violence: The Call For A Critical Theory Of Juvenile Justice, Karen L. Michaelis

Brigham Young University Education and Law Journal

No abstract provided.

Future Incorporation Of The U.N. Convention On The Rights Of Children Into The United States Education System: Case Study Of Ohio Department Of Education And Sex Education Battle, Alysson Russell

Brigham Young University Education and Law Journal

No abstract provided.

How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen

Brigham Young University Education and Law Journal

No abstract provided.

Keeping Promises: An Examination Of Charter Schools' Vulnerability To Claims For Educational Liability, Julie F. Mead, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.

Chandler V. James: A Student's Right Of Prayer In Public Schools, Howard M. Baik

Brigham Young University Journal of Public Law

No abstract provided.

Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.

The Wages Of Taking Bakke Seriously: Federal Judicial Oversight Of The Public University Admissions Process, Martin D. Carcieri

Brigham Young University Education and Law Journal

No abstract provided.

Guarding The Dumping Ground: Equal Protection, Title Vii And Justifying The Use Of Race In The Hiring Of Special Educators, Patrick Linehan

Brigham Young University Education and Law Journal

No abstract provided.

In The Wake Of Lee V. Weisman: The Future Of School Graduation Prayer Is Uncertain At Best, Stephen M. Durden

Brigham Young University Education and Law Journal

No abstract provided.