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Articles 4831 - 4860 of 6064
Full-Text Articles in Education Law
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Rowinsky V. Bryan Independent School District: Does Title Ix Impose Liability On Schools For Student-To-Student Sexual Harassment, Julie S. Lu
Villanova Law Review (1956 - )
No abstract provided.
Why Can't The Football Team Read: The Student Athlete's Right-To-Know Act And The Growing Threat Of Liability, Chris Truax
Why Can't The Football Team Read: The Student Athlete's Right-To-Know Act And The Growing Threat Of Liability, Chris Truax
Jeffrey S. Moorad Sports Law Journal (1994 - )
No abstract provided.
On Balancing Scales, Kaleidoscopes And The Blurred Limits Of Academic Freedom, Harry F. Tepker, Joseph Harroz
On Balancing Scales, Kaleidoscopes And The Blurred Limits Of Academic Freedom, Harry F. Tepker, Joseph Harroz
Faculty Articles
No abstract provided.
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Hopwood V. Texas: Strict In Theory Or Fatal In Fact, Leslie Yalof Garfield
Elisabeth Haub School of Law Faculty Publications
This article will examine the Hopwood decisions. Part II will review the factual and legal history behind the case. Part III will discuss the District, Circuit, and Supreme Court decisions. Finally, Part IV will critique these decisions and offer a view into the future for affirmative action admissions policies.
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
The Heart Of Equal Protection: Education And Race, Sharon E. Rush
UF Law Faculty Publications
Brown vs. Board of Education established more than the unconstitutionality of the separate but equal doctrine in public education. Brown also gave the importance of education a constitutional dimension. Involuntary racial segregation creates a stigma wherever it exists which indisputably affects all children's self-esteem by possibly undermining that of children of color and by artificially inflating that of White children. Unfortunately, more recent cases that raise questions about the right to a public education seem less willing to acknowledge the importance of education and the importance of integration in public education. Since Brown, the Court has held repeatedly that …
Home Rule School Districts: An Opportunity For Meaningful Reform Or Simple Window Dressing?, Charles W. Goldner Jr.
Home Rule School Districts: An Opportunity For Meaningful Reform Or Simple Window Dressing?, Charles W. Goldner Jr.
Law Faculty Scholarship
No abstract provided.
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Laboring In The Academic Marketplace: The Case For Tenure, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
The Implications Of The Equal Protection Clause For The Mandatory Integration Of Public School Students, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Scholarly Works
No abstract provided.
Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney
Touro Law Review
No abstract provided.
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Fordham Urban Law Journal
This Note argues that in peer harassment cases, school districts should face liability under a “known or should have known” standard where the school’s intent to discriminate may be determined by the circumstances of the case. Part I provides a brief historical overview of Title IX and the traditional forms of hostile environment harassment that it has been used to combat, demonstrating that courts use the statute to punish harassment where the school has reason to know of the harassment and fails to take appropriate action. Part II explores a subset of hostile environment cases where U.S. circuit courts are …
Vernonia School District 47j V. Acton: A Step Toward Upholding Suspicionless Dog Sniff Searches In Public Schools, Jennifer Bradfield
Vernonia School District 47j V. Acton: A Step Toward Upholding Suspicionless Dog Sniff Searches In Public Schools, Jennifer Bradfield
University of Colorado Law Review
No abstract provided.
Single-Sex Education After United States V. Virginia, Catherine O’Neill
Single-Sex Education After United States V. Virginia, Catherine O’Neill
Faculty Articles
In United States v. Virginia, the Supreme Court held that courts must invalidate sex-based classifications that "create or perpetuate the legal, social and economic inferiority of women." This contribution to equal protection jurisprudence, however, leaves unclear when single-sex higher education remains constitutional. This article argues that the Court has been preoccupied with legislative motive in this area. A capability approach, which assesses well-being and identifies individual advantage by reference to an account of what a person is able to do or be, might better help courts determine when there is an "exceedingly persuasive justification" for a sex-based classification.
Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller
Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Samuel J. Schiller
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi
Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi
Vanderbilt Journal of Transnational Law
This Article offers a thoughtful comparison of the legal educational systems of the United States and New Zealand. The author highlights the significant differences between these two legal educational systems by contrasting their admissions policies, clinical programs, "law-and-economics" electives, and staffing of required courses. Based on this analysis, the author concludes that although U.S. law schools are clearly "better," such superiority may have been achieved at too high of a cost, in terms of both the substantial resources now devoted to legal education which could otherwise be applied to alternative uses and the problematic effects of the stratified legal educational …
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile
Journal Articles
At the entrance to St. Mary's College, a part of the University of St. Andrews in Scotland, one encounters the opening words of the Gospel of St. John: "In principio erat verbum." Eschewing the usual translation, students there irreverently render the passage thus: "The Principal has the last word." The existence of the position of Principal in a university and the substantial power of that official cause only part of the fascination experienced by the American observer of universities in Scotland. This article will assess, from an American perspective, the law and governance affecting the resolution of academic and disciplinary …
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Of Pandas, People, And The First Amendment: The Constitutionality Of Teaching Intelligent Design In The Public Schools, Jay D. Wexler
Faculty Scholarship
Despite the Supreme Court's 1987 decision in Edwards v. Aguillard, striking down Arkansas' statute requiring equal time for the teaching of creationism and evolution, the debate over whether some form of creationism should be taught in public schools has recently enjoyed a resurgence. In this note, Jay Wexler applies the Supreme Court's Establishment Clause to a new variant of creationism that posits the existence of an intelligent designer as an alternative to evolution. Wexler argues that teaching intelligent design theory in the public schools violates the Establishment Clause. After explaining that the Supreme Court has always applied the Establishment Clause …
The End Of Busing?, Davison M. Douglas
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
Faculty Publications
No abstract provided.
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Seattle University Law Review
This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
Campbell Law Review
This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …
Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake
Response To Haskell: "Academic Freedom, Tenure, And Student Evaluation Of Faculty", Jeffrey E. Stake
Articles by Maurer Faculty
Haskell (1997) argued that the administrative practice of student evaluation of faculty is a threat to academic freedom. However, before that claim can be substantiated, several prior questions must be addressed: To whom does academic freedom belong? Individual faculty? The academy? Whose actions can violate the right? Can any lines be drawn based on whether the substance or form of classroom behavior is influenced? And still another crucial point is whether a body can violate academic freedom without any intent to interfere with or control the substance of what is said to students.
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Teaching The Republican Child: Three Antebellum Stories About Law, Schooling, And The Construction Of American Families, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Equal Protection Of The Laws: Recent Judicial Decisions And Their Implications For Public Educational Institutions, Anne Dupre, John Dayton
Scholarly Works
This article reviews recent judicial decisions concerning the Equal Protection Clause and provides an analysis of their implications for public educational institutions. The article begins by giving a brief historical overview of the Equal Protection Clause, its application to the states, and describes the three-tiered approach to challenges alleging government denial of equal protection of the laws. Recent applications of each tier are addressed by discussing Adarand v. Pena, Hopwood v. Texas, U.S. v. Virginia, and Romer v. Evans. The article concludes by noting that these recent cases have added to uncertainty concerning the Court’s interpretation of the Equal …
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Fugitives And Agrarians In A World Without Frontiers, Jim Chen
Cardozo Law Review
Rien de grand avant l'tat. Let the French have their Colbertisme; Americans hold steadfast their faith in constitutionalism, the unofficial civic religion of the United States. Implicit in originalism, the most rigidly orthodox variant of America's constitutional faith is the belief that the legal world began with the framing of the Constitution. "All things created before me were not eternal": with the Constitution as creation, the American legal imagination need not embrace anything that occurred before 1787.
Should Students Have Constitutional Rights? Keeping Order In The Public Schools, Anne Proffitt Dupre
Should Students Have Constitutional Rights? Keeping Order In The Public Schools, Anne Proffitt Dupre
Scholarly Works
This Article focuses on how the Supreme Court's conception of the public school as either an institution of social reproduction or reconstruction, a conflict Professor Dupre maintains is deeply rooted in intellectual history, has affected the power that public schools have been afforded in matters of discipline and order. Professor Dupre argues that the Court -- by allowing the reconstruction model to influence its opinion for almost thirty years -- paved the way for the decline in school order and educational quality. Although Professor Dupre contends that the Court's recent repudiation of the reconstruction model in Vernonia School District 47J …
Can Affirmative Action Survive In Education, Shawna A. Early
Can Affirmative Action Survive In Education, Shawna A. Early
North Carolina Central Law Review
No abstract provided.