The Secret Of Being Gay And Still Being Happy,
2014
University of South Carolina
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,
2014
University of South Carolina
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,
2014
University of South Carolina
Commentary - Elementary And Secondary Education,
2014
University of South Carolina
Commentary - Elementary And Secondary Education
The Journal of Law and Education
No abstract provided.
Coaches Corner - Elementary And Secondary Education,
2014
University of South Carolina
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,
2014
University of South Carolina
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,
2014
University of South Carolina
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,
2014
Elisabeth Haub School of Law at Pace University
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 …
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework,
2014
University of Colorado Law School
Who May Hire Teachers: How Mutual Consent Fits Into The Current Colorado Hiring Framework, Amanda R. Levin
University of Colorado Law Review
In 2010, the Colorado General Assembly passed the Ensuring Quality Instruction through Education Effectiveness Act (S.B. 191). The law ties teachers' job security to the performance of their students, among other things, and changes the way that teachers and principals are evaluated. One crucial aspect of the law, and the subject of this Comment, is the mutual consent provision. This provision provides principals with the power to ensure the effectiveness of their teachers within their own schools by means of allowing them to oversee the hiring process of teachers. The mutual consent provision states that teachers can only be hired …
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez,
2014
University of Richmond
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
Richmond Public Interest Law Review
The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform,
2014
University of Richmond
The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine
Richmond Public Interest Law Review
This chapter examines the recent wave of laws aimed at enhancing teacher evaluation and accountability, and recommends strategies for moving forward in a way that holds greater promise for providing students with more equal and greater educational opportunities. First, this chapter provides a historical overview of the legal landscape governing the primary functions of the teacher workforce. Second, the major characteristics of this new wave of laws are examined. Third, the strengths and potential pitfalls entailed by these laws are analyzed in light of educational research. Finally, this chapter offers recommendations for improving teacher evaluation and accountability laws in a …
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention,
2014
University of Richmond
Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton
Richmond Public Interest Law Review
This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …
Washington State's Mandate: The Constitutional Obligation To Fund Post-Secondary Education,
2014
University of Washington School of Law
Washington State's Mandate: The Constitutional Obligation To Fund Post-Secondary Education, Adam Sherman, Hugh Spitzer
Washington Law Review Online
This essay focuses on the provisions of the Washington State Constitution that address post-secondary education. It argues that, understood in the historical context in which those sections were drafted, Washington has a constitutional obligation to support and fund its institutions of higher learning. The essay describes the historical development of education systems in the United States, with particular attention paid to the funding of those systems. It then shows that (1) the language of Articles IX and XIII of Washington’s constitution are closely related, (2) Article IX’s “general and uniform system of public schools” was meant to include both normal …
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders),
2014
St. Mary’s University School of Law,
Universities As Constitutional Law Makers (And Other Hidden Actors In Our Constitutional Orders), Adam J. Macleod
Faculty Articles
In the stories told by opinion makers and many law professors, American constitutional law is concerned with two things-individual rights and the powers of government-and it is settled by the Court, which was established by Article III of our national Constitution. In those now-familiar tales, the United States Supreme Court creates constitutional law when heroic individuals assert their fundamental rights against an overreaching state and when Congress, state legislatures, and executive agencies are called upon to justify their expert enactments to an overreaching judiciary. To settle these constitutional disputes the Court looks either to the text of the written Constitution …
Vergara V.State Of California:Judicial Aboliton Of Teacher Tenure?,
2014
Loyola University Chicago, School of Law
Vergara V.State Of California:Judicial Aboliton Of Teacher Tenure?, Perry A. Zirkel
Public Interest Law Reporter
No abstract provided.
Education Rights And The New Due Process,
2014
FAMU College of Law
Education Rights And The New Due Process, Areto A. Imoukuede
Journal Publications
This Article argues for a human dignity-based, due process clause analysis to recognize the fundamental duty of government to provide high quality, public education. Access to public education is a fundamental duty, or positive fundamental right because education is a basic human need and a constituent part of all democratic rights. In The Fifth Freedom, I argued that there is a fundamental duty under the U.S. Constitution to provide public education and that the reason a fundamental right to public education has not been recognized is because of a profound confusion regarding fundamental rights as duties.' The Court is biased …
Thinking Hard About 'Race-Neutral' Admissions,
2014
University of California, Los Angeles Law School
Thinking Hard About 'Race-Neutral' Admissions, Richard H. Sander, Aaron Danielson
University of Michigan Journal of Law Reform
Our exploration is organized as follows. In Part I, we sympathetically consider the very difficult dilemmas facing higher education leaders. Understanding the often irreconcilable pressures that constrain university administrators is essential if we are to envision the plausible policies they might undertake. In Part II, we draw on a range of data to illustrate some of the “properties” of admissions systems and, in particular, the ways in which race, SES, and academic preparation interact dynamically both within individual schools and across the educational spectrum. Partly because the questions we examine here have been so little studied, ideal data does not …
The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role,
2014
Poverty and Race Research Action Council
The 'Compelling Government Interest' In School Diversity: Rebuilding The Case For An Affirmative Government Role, Philip Tegeler
University of Michigan Journal of Law Reform
How far does Justice Kennedy’s “moral and ethical obligation” to avoid racial isolation extend? Does the obligation flow primarily from Supreme Court case law, does it derive from an evolving consensus in the social sciences, or does it also have a statutory basis in Title VI and other federal law? In addition to its value as a justification for non-individualized, race-conscious remedial efforts by state and local governments, does the compelling interest identified in Parents Involved also suggest an affirmative duty on the part of the federal government? And if so, how far does this affirmative duty extend, and how …
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez,
2014
University of Richmond
The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.
Richmond Journal of Law and the Public Interest
The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …
It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding,
2014
University of Richmond
It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson
Richmond Journal of Law and the Public Interest
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 …
