Education Law Commons^™

Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins

Faculty Publications

No abstract provided.

Common Sense In Formation For The Common Good - Justice White's Dissents In The Parochial School Aid Cases: Patron Of Lost Causes Or Precursor Of Good News, John J. Coughlin

Journal Articles

This Article envisions a new order for public education in this country. Pursuant to the new order, a free market under appropriate government regulation rather than unchecked political authority would determine the flow of public aid to various schools. Such an order would enable parents to choose what kind of school, secular or sectarian, presents the most desirable educational environment. The new arrangement would also provide incentives for quality education, as schools now run by the state government would have to compete on an even field with schools that currently receive no public funds.

It has been almost twenty years …

Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …

"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer

Scholarly Works

No abstract provided.

Has The Supreme Court Allowed The Cure For De Jure Segregation To Replicate The Disease?, Kevin D. Brown

Articles by Maurer Faculty

No abstract provided.

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.

Not Virgin Enough To Say That (S)He Occupies The Place Of The Other -Jacques Derrida, Glas, Gayatri Chakravorty Spivak

Cardozo Law Review

No abstract provided.

Out Of Focus: The Misapplication Of Traditional Equitable Principles In The Nontraditional Arena Of School Desegregation, Joseph H. Bates

Vanderbilt Law Review

Karl Marx wrote that all historical facts occur twice--the first time as tragedy, the second time as farce.' In the desegregation of Little Rock, Arkansas, the genres were reversed. In 1957 the opportunistic Governor Orvall Faubus reduced to farce the Little Rock Board of Education's initial attempt to comply with the United States Supreme Court's decree in Brown v. Board of Education when he ordered the Arkansas National Guard to prohibit nine black students from entering Little Rock High School. In 1983, after more than two decades of continuous court supervision and intermittent litigation, the tragedy began when the Little …

It Will Be Pleasanter To Tell You A Story, Linda R. Hirshman

Cardozo Law Review

No abstract provided.

The Lingering Legacy Of "In Loco Parentis": An Historical Survey And Proposal For Reform, Brian Jackson

Vanderbilt Law Review

The changing legal relationship between students and their college or university reflects the evolution of higher education in this country. During the Colonial period and the early years of the Republic, higher education was conducted mainly through small, church-affiliated colleges. In most cases, the founders and faculties of early American schools imitated the collegiate systems of Oxford and Cambridge. Stu- dents and their teachers aspired to withdraw from the world of everyday affairs to live and work in an environment that mirrored the families students left behind. Faculties were concerned not only with intellectual advancement but also with the development …

My Pizza With Ninó, Alex Kozinski

Cardozo Law Review

No abstract provided.

Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch

BYU Law Review

No abstract provided.

Maximizing Potential For Self-Sufficient Living After Board Of Education V Rowley, Elizabeth Drake

In the Public Interest

No abstract provided.

Tracking: The End Of Equal Educational Opportunity, Brenna B. Mahoney

In the Public Interest

No abstract provided.

Fear And Loathing In The Law Schools, Barbara Glesner Fines

Faculty Works

No abstract provided.

Comments: Maryland's Fundamental Interest In A Thorough And Efficient System Of Public Education: The Need For Judicial Intervention, Elizabeth Colette Derrrig

University of Baltimore Law Review

After the 1983 Court of Appeals of Maryland decision in Hornbeck v. Somerset County Board of Education there appeared little hope for those who wished to reform disparities in public school financing through the courts. With the recent publication of the Maryland School Performance Program Reports, however, and enlightened decisions in other jurisdictions holding similar public school financing schemes unconstitutional, evidence has emerged which is capable of reviving a state constitutional challenge to Maryland's existing public school financing scheme which is based upon local wealth.

Engaging The Spectrum: Civic Virtue And The Protection Of Student Voice In School Sponsored Forums, 24 J. Marshall L. Rev. 339 (1991), Robert R. Verchick

UIC Law Review

No abstract provided.

Support For A Child's Post-Majority Education, Jeff Atkinson

Loyola University Chicago Law Journal

No abstract provided.

The Moral Responsibilities Of Universities, Terrance Sandalow

Book Chapters

IN THE YEARS SINCE the Second World War, "higher education" has emerged as one of the major influences in American life. Well over 50 percent of the age cohort now in its teens or early twenties will attend a college or university, more than a five-fold increase from the prewar period. Moreover, colleges and universities now engage in so broad a range of activities that the appellation "higher education" no longer seems entirely appropriate to describe the institutions. Community colleges, but also four-year colleges and universities, play a major role in training individuals for skilled and semiskilled occupations. Universities are …

Judicial Enforcement Of The Right To An Equal Education In Illinois, 12 N. Ill. U. L. Rev. 45 (1991), Michael P. Seng, Michael R. Booden

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.

University of Richmond Law Review

The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.

Foreword: Racist Speech On Campus, Kingsley R. Browne

Law Faculty Research Publications

No abstract provided.

Educational Malpractice: A Tort Is Born, Johnny C. Parker

Cleveland State Law Review

This article examines the judicial justification for the nonrecognition of educational malpractice as a theory of tort liability. Section I focuses on the various factual contexts in which educational malpractice claims have arisen and analyzes the concept of duty and proximate cause in the different factual contexts. Section II discusses the common law principles which demonstrate that the analytical problems associated with educational malpractice are not new to the law. Section III examines public policy as a distinct component of the duty-proximate cause inquiry. Section IV also focuses on public policy as expressed by various state legislatures regarding the teaching …

Educational Malpractice: A Tort En Ventre, Frank D. Aquila

Cleveland State Law Review

This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

Doe V. University Of Michigan And Campus Bans On "Racist Speech": The View From Within, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Educational Malpractice: A Tort En Ventre, Frank D. Aquila

Cleveland State Law Review

This article explores the policy reasons which courts have adopted to deny a private cause of action holding educators legally liable for deficiencies in a student's education. The introductory section provides the background on the basic issue of malpractice in education. Section two examines educational malpractice case law focusing first on cases involving negligence in basic academic skill instruction, then looking at negligence in special education. Section three explores the various duty of care arguments while section four discusses three alternate theories for recovery. Section five analyzes the policy reasons for denial of the tort of educational malpractice. New directions …

Education Finance Reform Litigation And Separation Of Powers: Kentucky Makes Its Contribution, Troy Reynolds

Kentucky Law Journal

No abstract provided.

Education: The Constitutionality Of Oklahoma's Public School Financing System: Does The State Have A Duty To Provide An Adequate Education For All Schoolchildren?, Karen Richardson

Oklahoma Law Review

No abstract provided.

Retreat From The Melting Pot: Cultural Pluralism And Public Policy, Douglas O. Linder

Faculty Works

No abstract provided.