Education Law Commons^™

Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis

Richmond Public Interest Law Review

The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …

The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla

Law Faculty Publications

Proposals for public service programs have long had currency in America, and may be gaining a certain millennium momentum in current public debate. While proposals for national public service programs of varying ambition and scope continue to be debated, at the local level a growing number of U.S. public school districts are implementing community service programs for high school students. Community service programs generally require students to complete a specified number of hours of service as a condition for graduation. In a typical program, a student may be required to complete forty to sixty hours of community service with organizations …

Discrimination By Proxy: The Case Of Proposition 227 And The Ban On Bilingual Education, Kevin R. Johnson, George A. Martinez

Faculty Journal Articles and Book Chapters

No abstract provided.

A Study In Double Standards, Discipline, And The Disabled Student, Anne Proffitt Dupre

Washington Law Review

School violence and other school discipline issues erode trust and confidence in our public schools and inhibit students from obtaining the education necessary to participate meaningfully in our nation's democratic and political institutions. This Article examines an issue of school law that appears almost insoluble-what one judge has called the "exquisitely difficult" issue of school discipline and the disabled student. The issue is governed by the Individuals with Disabilities Education Act (IDEA, enacted in 1975), which imposes significant constraints on school authorities who wish to discipline disruptive or violent disabled students. School officials have stated that IDEA left them powerless …

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …

Title Ix: The Monitoring Of Private Athletic Donations, Travis T. Tygart

Oklahoma Law Review

No abstract provided.

Modern Liability Rules And Policies Regarding College Student Alcohol Injuries: Reducing High-Risk Alcohol Use Through Norms Of Shared Responsibility And Environmental Management, Peter F. Lake, Joel C. Epstein

Oklahoma Law Review

No abstract provided.

Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis

Richmond Journal of Law and the Public Interest

The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …

Equal Protection Challenges To The Use Of Racial Classifications To Promote Integrated Public Elementary And Secondary Student Enrollments, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Rich Kids, Poor Kids, And The Single-Sex Education Debate, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Over the past decade, the subject of publicly supported, single-sex education has generated considerable debate in legal and policy circles. Since 1996, much of that debate has centered around the Supreme Court's decision in the Virginia Military Institute case and how that case intersects with Title IX of the Education Amendments of 1972. In VMI, Justice Ginsburg, speaking for the Court, stated that gender classifications must have "an exceedingly persuasive justification" in order to pass muster under the Fourteenth Amendment equal protection clause. That decision has become a key factor in recent efforts by school districts to establish …

Scaling The Wall Between Church And State: An Analysis Of The Constitutionality Of School Vouchers, Allison M. Olczak

Kentucky Law Journal

No abstract provided.

School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett

Journal Articles

This Article is intended to be a primer on the legality and morality of educational choice—"School Choice in a Nutshell," if you will. We are resigned to being pre-empted by the tireless work of grassroots activists, the choices of voters, and the decisions of judges. Still, we hope, in somewhat polemical fashion, to establish two basic claims. First, school choice, properly understood, is constitutional. And second, school choice is both sensible and just.

In the end, we believe "school choice . . . is essential to achieving equality of opportunity for American children, rich or poor. School choice treats the …

Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett

Journal Articles

The "Education Reform at the Crossroads" Conference's four panels tackled the education-reform and school-choice questions from a variety of perspectives—one panel, led by Cleveland's indefatigable councilwoman and education revolutionary Ms. Fannie Lewis, explored the history and increasingly visible politics of the school-choice debate—in particular, the marked increase in support for school choice among African Americans"—while another group focused on the constitutionality of including religious schools in voucher programs and on the historical connection between anti-Catholic nativism and the common-school movement. A third panel discussed framing school-choice as a "civil rights issue" and the fourth—which included political scientist and education researcher …

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

A World Wide Web Site Of Special Education Law For Educators In Illinois, Roger L. Epperson

Masters Theses

Any educational decision regarding evaluation, placement, or instruction of special education students involves legal liability and accountability for a school district. Without the special education legal knowledge from primary legal sources needed to make prudent education decisions, school districts are vulnerable to legal challenges. Too often, educators provide services to special education students without critical knowledge of the educators' role in the special education legal process.

In this study, just the preliminary phase of constructing a special education law World Wide Web (W3) site for Illinois educators was considered. There were two objectives in this study. The first objective was …

Indirect Constitutional Discourse: A Comment On Meese, Robert F. Nagel

Publications

No abstract provided.

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Faculty Publications

No abstract provided.

Life On Campus Really Ain't So Bad, Avern Cohn

Michigan Law Review

The Shadow University is a highly tendentious account of Alan Charles Kors and Harvey A. Silverglate's view of academic and student life in America's colleges and universities over the last twenty years. Kors and Silverglate see these colleges and universities turning from promoting personal and academic freedom to suppressing open expression and denying basic liberties to students and faculty alike. To make their point, they have scoured college and university campuses from coast to coast to find incidents involving student speech code violations, as well as student and faculty discipline and misbehavior proceedings. They also examine multicultural and diversity programs …

Petting The Infamous Yellow Dog: The Seattle High School Teachers Union And The State, 1928-1931, Joseph Slater

Seattle University Law Review

In 1928 a Seattle labor union appealed an adverse lower court ruling to the Washington State Supreme Court. The Seattle Post-Intelligencer claimed that the matter presented "probably the biggest labor question ever faced in this state."' This case did not involve the Industrial Workers of the World, loggers, or other traditional subjects of labor history. It involved high school teachers in the Seattle public schools. This paper will discuss this case, Seattle High School Teachers Chap. No. 200 of the American Federation of Teachers v. Sharples, and the circumstances surrounding it. Specifically, this paper will describe the formation of …

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Promoting Family By Promoting Work: The Hole In Martha Fineman's Doughnut , Peter B. Edelman

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Social Programs And Manageable Units , Saul Levmore

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Playing At Even Strength: Reforming Title Ix Enforcement In Intercollegiate Athletics, Ross A. Jurewitz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

A New Lesson Plan For Educational Institutions: Expanded Rules Governing Liability Under Title Ix Of The Education Amendments Of 1972 For Student And Faculty Sexual Harassment, Anne-Marie Harris, Kenneth B. Grooms

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What Does The Constitution Say About The Vouchers?, John H. Garvey

Scholarly Articles

No abstract provided.

Adequate Special Education: Do California Schools Meet The Test?

San Diego Law Review

This Comment argues that the demands for general education efficacy apply a fortiori to disabled children. This Comment further contends that while special education law based on federal statute may be insufficient to support such accountability, the California Constitution provides a legal basis without further statutory enactments. The basis is found in adequacy assurances of article IX, section 1 of the California Constitution: the Education Clause."

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Scholarly Works

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …

The Constitutionality Of Racial Classifications In Public School Admissions, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Clients Don't Take Sabbaticals: The Indispensable In-House Clinic And The Teaching Of Empathy, Philip Genty

Faculty Scholarship

After almost 12 years in law teaching, I approached my first sabbatical with a single goal: to free myself from cases. At that time my clinic clients were primarily parents who were involved in family court proceedings in which they were trying to preserve their parental rights and get their children out of the foster care system. Such cases are emotionally draining for both the client and the lawyer. Thus, while I welcomed the chance to have a semester off from teaching and attending faculty and committee meetings, I felt that I needed a break from the demands of lawyering …