Education Law Commons^™

Backing Up The Bus: Can We Ever Retreat From Desegregation?, Keith Woodwell

Brigham Young University Education and Law Journal

No abstract provided.

Copyright Violation And Personal Liability In Education: A Current Look At "Fair Use", John Wm. Maddox

Brigham Young University Education and Law Journal

No abstract provided.

Is Home Schooling Constitutional?, Wendy Wheeler

Brigham Young University Education and Law Journal

No abstract provided.

America Goes To School: Law, Reform, And Crisis In Public Education, E. Vance Randall

Brigham Young University Education and Law Journal

No abstract provided.

Reducing School Disorder Through Mediation, Todd A. Turnblom

Brigham Young University Education and Law Journal

No abstract provided.

Peer Abuse In Public Schools: Should Schools Be Liable For Student To Student Injuries Under Section 1983?, Robert L. Phillips

BYU Law Review

No abstract provided.

How Much God In The Schools? A Discussion Of Religion's Role In The Classroom, Nadine Strossen

William & Mary Bill of Rights Journal

In this essay Professor Strossen addresses the controversial subject of religion in the public schools. She argues that while there may well be instances of unconstitutional government suppression of religious expression, there are certainly many examples of the opposite--unconstitutional government promotion of religion. Professor Strossen discusses the guiding principles governing the relationship between religion and the public schools, as set out by the Supreme Court. She stresses the First Amendment demand that public schools remain neutral toward religion. While they may and should teach about religion, schools may not promote either religion in general or any particular religion. Professor Strossen …

Religion In The Classroom, M. G. "Pat" Robertson

William & Mary Bill of Rights Journal

In this essay, Chancellor Robertson addresses the role religion has had in society, and in the public schools in particular. He stresses the significance religion had to the Founding Fathers and in the inception of a public school system in America. Chancellor Robertson maintains that the remnants of our country's religious heritage can still be seen today. He warns, however, of the dangers that can result, and in fact have resulted, because of the absence of religion in modern society. Chancellor Robertson argues that many Supreme Court cases have distorted the Establishment Clause, resulting in numerous violations of students' freedom …

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

William & Mary Law Review

No abstract provided.

America Goes To School : Law, Reform, And Crisis In Public Education, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

This book takes the position that public schools can be saved if we can learn from history, discard ineffective methods and policies, and recognize the essential elements of quality education. Chapter 1 reviews reports that have portrayed a crisis in American public education. Chapter 2 examines disparities in public- and private-education costs. The third chapter examines education-reform movements, particularly the choice movement, and identifies the ingredients of effective education. The fourth chapter reviews the history of American public education, with a view to understanding today's school system. The legacy of racial discrimination is described in the fifth chapter. Chapter 6 …

Leaving Equality Behind: New Directions In School Finance Reform, Peter Enrich

Vanderbilt Law Review

Public education, in most states, is funded in substantial part from local property taxes. As a result, resources vary widely from one school system to another, and schools in poorer communities are often severely underfunded. Over the past quarter century, many of these state financing systems have been challenged as unconstitutional, initially under the federal Equal Protection Clause and subsequently, after the Supreme Court's adverse decision in San Antonio Independent School District v. Rodriguez, under equal protection clauses and education clauses included in state constitutions. These state constitutional provisions can support challenges that attack school financing systems either for the …

Balanced Scholarship And Racial Balance, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

Professor Landsberg presents a responsive essay to Kirk Kennedy's Race-Exclusive Scholarships: Constitutional Vel Non. Professor Landsberg argues for the preservation of the Supreme Court's balanced approach to assessing the validity of affirmative action programs. Landsberg notes approvingly that the Court "has carefully avoided absolutes in deciding affirmative action cases," and criticizes Mr. Kennedy for his support of an absolute, all-or-nothing approach to race-exclusive scholarships. Landsberg argues first, that Regents of the University of California v. Bakke remains good law and that universities should not be enjoined from all race-conscious decisionmaking; second, that race-exclusive scholarships may, in narrow circumstances, be …

School Choice: American Elementary And Secondary Education Enter The Adapt Or Die Environment Of Competitive Marketplace, 29 J. Marshall L. Rev. 75 (1995), Jonathan B. Cleveland

UIC Law Review

No abstract provided.

A Nation Of Robots - The Unconstitutionality Of Public School Uniform Codes, 28 J. Marshall L. Rev. 645 (1995), Alyson Ray

UIC Law Review

No abstract provided.

Campus Speech Codes: The Threat To Liberal Education, 27 J. Marshall L. Rev. 709 (1994), Stephen Fleischer

UIC Law Review

No abstract provided.

The Death Of Graduation Prayer: The Parrot Sketch Redux, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

Book Review. Normative And Going Nowhere, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Rededication Panel Discussion On Gender Equality And Intercollegiate Athletics, Stephen F. Ross, Karol Kahrs, Fred Heinrich

Faculty Scholarship

This article is a transcript of a panel discussion in which Professor Stephen F. Ross, Associate Athletic Director Karol Kahrs, and Fred Heinrich participated entitled "Sports and the Law," at the Rededication of the University of Illinois College of Law. The panel discussion centered on the issue of gender equity in intercollegiate athletics. Title IX of the Education Amendments Act requires institutions receiving federal funding to provide equal educational opportunity for students regardless of gender. The panel discussion focused on the impact of Title IX and the University of Illinois's efforts to comply with the requirements.

The Federal Government And The Promise Of Brown, Brian K. Landsberg

McGeorge School of Law Scholarly Articles

The U.S. Department of Justice has played an important role in the development and enforcement of school desegregation law, by participating in Brown and later cases. From the Truman administration to the present, the thrust of government policy has been to promote unity and vindicate the unmet promise of the equal protection clause. The ambiguity of the Supreme Court's decision in Brown has allowed considerable flexibility in defining and remedying discrimination. Whether Brown failed or succeeded depends on which possible meaning of Brown one accepts. The department now should protect the gains under Brown from retrogressive attacks and should oppose …

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Popular Media

No abstract provided.

Equal Protection

Touro Law Review

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

Educators Who Drive With No Hands: The Application Of Analytical Concepts Of Corporate Law In Certain Cases Of Educational Malpractice, Cheryl L. Wade

Faculty Publications

(Excerpt)

The national debate concerning the inadequacies of public schools in the United States and ways to alleviate some of the problems that plague them continues to rage. The performance of children in the United States on standardized tests is dangerously poor, and the rate of illiteracy dangerously high. An alarmingly large number of students do not finish high school. Education is often compromised because of crowded classrooms and shortages in school personnel and textbooks. Part of the debate about the problems in public education involves the search for someone or something to blame. While societal problems contribute to the …

Forty Years In The Desert, Paul F. Campos

Publications

The author uses Brown v. Board of Education and the volumes of commentary it has provoked to illustrate that coherent constitutional interpretation is a useless exercise. He argues that the decision should be accepted as political reality and moral necessity and that we should cease debating its merit as constitutional interpretation.

What's Quality Got To Do With It?: Constitutional Theory, Politics, And Education Reform, Phil Weiser

Publications

No abstract provided.

The Supreme Court's Latest Rendition Of Equality In Education: Examining The Traditional Components Of Success In Missouri V. Jenkins, Jordan A. Lavine

Villanova Law Review (1956 - )

No abstract provided.

Fourth Circuit Finds University Of Maryland Minority Scholarship Program Unconstitutional, Podberesky V. Kirwan, 38 F.3d 147 (4th Cir. 1994), Kimberly J. Robinson

Law Faculty Publications

The use of minority scholarships to create a diverse student body and to remedy past discrimination has been the subject of considerable controversy in recent years. Although such scholarships constitute a small percentage of financial aid for higher education, opponents of minority scholarships argue that they unfairly discriminate against non-minority students on the basis of race. In Podberesky v. Kirwan, the Fourth Circuit held that the University of Maryland at College Park (UMCP) denied Daniel Podberesky, a Hispanic/white student, equal protection of the laws by excluding him from consideration for the race-based Benjamin Banneker Scholarship Program. The program, the court …

Condoms Overturned On Appeal: Teens Stripped Of Their Rights, Sharon Pmeranz

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Goals 2000: Educate America Act: The Federalization And Legalization Of Educational Policy, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Title Page

The Journal of Law and Education

No abstract provided.