Education Law Commons^™

States Taking Charge: Examining The Role Of Race, Party Affliation, And Preemption In The Development Of In-State Tuition Laws For Undocumented Immigrant Students , Stephen L. Nelson, Jennifer L. Robinson, Kara Hetrick Glaubitz

Michigan Journal of Race and Law

Part I of this Article details both the legislative and legal history of undocumented immigrants’ access to education in the United States. Part II then describes the current U.S. state laws in effect regarding in-state tuition for undocumented immigrant students at state-funded colleges and universities. Part III further explores the development of laws and policies with a keen focus on potential correlations between (1) the racial composition of state legislatures and the passage of in-state tuition policies; (2) the race of governors and the passage of in-state tuition policies; (3) partisan composition of state legislatures and the passage of in-state …

Zero Tolerance Policies: Criminalizing Childhood And Disenfranchising The Next Generation Of Citizens, S. David Mitchell

Faculty Publications

A juvenile adjudication of guilt has far more drastic consequences than existed just ten years ago ... Some of these consequences may not be apparent for a number of years, but their possibility should be anticipated, fully considered, and planned for, wherever possible. Under zero tolerance, students are suspended, expelled, or referred to juvenile authorities or some combination thereof for specified offenses. Zero tolerance policies punish students harshly regardless of the severity of the infraction, the existence of mitigating circumstances, or the context in which the conduct occurred. Part II discusses the origin and evolution of zero tolerance policies, as …

Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily F. Suski

Cleveland State Law Review

Sometimes the very people who are supposed to teach, nurture, and protect students in public schools—the students’ teachers, principals, coaches, and other school officials—are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or physical. Yet, an analysis …

The End Of Indeterminacy In Affirmative Action, Carla Pratt

Faculty Articles

After the Supreme Court's decision in Fisher v. UT Austin, the stage has been set for judges to demand more specificity in the articulation of the protected diversity interest. Gone are the days when institutions of higher education could rely on the abstract concept of diversity to support efforts to enroll a diverse student body. Now higher education institutions will need to give serious thought to how they define the sought after diversity interest and how racial diversity improves educational outcomes and enhances the education that is delivered.

It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson

Richmond Public Interest Law Review

Public education in the United States is a big business. In the fall of 2011, more than 55.5 million students from kindergarten through 12th grade were expected to enroll in the nation's public schools at a total cost of $599,145,678,000. Though it is a service provided by local governments, its cost is borne by local, state, and, to a more limited extent, federal taxpayers. Providing public education is a massive undertaking and no one level of government can solely bear its cost. Governmental revenue sources, from which allocated shares of expense are presently borne, differ. Local funding is provided predominately …

Brown's Dream Deferred: Lessons On Democracy And Identity From Cooper V. Arron To The School-To-Prison Pipeline, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Still Unconstitutional: Our Nation's Experiment With State-Sponsored Sex Segregation In Education, David S. Cohen, Nancy Levit

Faculty Works

Since federal regulations authorized single-sex education in 2006, there has been an explosion of single-sex schools and classes. Although the Supreme Court has not ruled, three federal court decisions have addressed the constitutionality of single-sex classes, and the issue will percolate toward Supreme Court review soon. The arguments are that parents should have choices and “diversity” of educational options, that “brain research” shows that boys and girls are so biologically different to need sex-specific educational environments, that educational outcomes are better, and single-sex learning environments allows boys and girls to break through gender stereotypes. This article dissects these arguments within …

Tenure, The Aberrant Consumer Contract, James J. White

Articles

This symposium concerns asymmetric contracts, usually contracts where one party has great power and the other has little. The papers deal generally with contracts between consumers who get a “take it or leave it” offer and corporations such as Hertz, Microsoft, Verizon, and General Motors who draft the contracts according to their wishes. In almost all of these asymmetric contracts the stronger (corporations) writes the terms and presents them to the weaker (consumers) for signing without negotiation. Indeed the corporate agent with whom the consumer deals (e.g., the person at the Hertz desk) has no authority to change the contract …

Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries

Law Faculty Scholarly Articles

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.

There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same …

School Shootings And The Legislative Push To Arm Teachers, Allen K. Rostron

Faculty Works

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Tax Credit School Scholarship Plans, Stephen D. Sugarman

The Journal of Law and Education

No abstract provided.

The Secret Of Being Gay And Still Being Happy, Perry A. Zirkel

The Journal of Law and Education

No abstract provided.

Customizable Sexual Orientation Privacy For Minor Schoolchildren: A Law School Invention In Search Of A Constitutional Mandate, Christopher A. Ferrara

The Journal of Law and Education

No abstract provided.

Recent Cases

The Journal of Law and Education

No abstract provided.

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

Coaches Corner - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

Maintaining The Schoolhouse Gate: Why Public Universities Should Not Regulate Online, Off Campus Communications Through Student Handbooks, Hallye Bankson

The Journal of Law and Education

No abstract provided.

Don't Say Gay Bills And The Movement To Keep Discussion Of Lgbt Issues Out Of Schools, Paige Hamby Barbeauld

The Journal of Law and Education

No abstract provided.

The Paradox Of Race-Conscious Labels, Leslie Y. Garfield

Elisabeth Haub School of Law Faculty Publications

Labeling affirmative action laws with integrity is a hopelessly paradoxical pursuit. This article illustrates the consequences of such a pursuit. Section I traces the origins of the Top Ten Percent Law, which arose as a legislative protest to the Fifth Circuit's rejection of the use of race in admissions decisions. This section provides an in-depth understanding of the Top Ten Percent Law and concludes with a detailed analysis of the Fisher decision. Section II supplies an explanation of the majority's conclusion to treat the Top Ten Percent Law as race-neutral and provides detailed support for Justice Ginsburg's affirmation that the …