Education Law Commons^™

Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling, Rosemary C. Salomone

Faculty Publications

(Excerpt)

In September 2010, an eye-catching article appeared on the front page of the New York Times “Arts” section. The headline read, “Cultures United to Honor Separatism.” Basque and Catalan nationalists, Sinn Fein leaders, and others were convening on the island of Corsica, not to chart out war strategies, as might have been expected, but rather to discuss cultural politics. As time would tell, pitched battles over sovereignty and independence seemed to be yielding to equally passionate calls for linguistic and cultural recognition. Facing the pressure of English as the global lingua franca, historically militant groups were placing their …

On The Need For Public Boarding Schools, Bret D. Asbury, Kevin Woodson

Georgia Law Review

Nowhere is the inadequacy of American public
education more striking than in high-poverty, urban
schools populated by disadvantaged minority students.
Despite decades of legal, policy, and scholarly efforts
aimed at addressing the challenges facing these schools,
the academic prospects of poor students are currently as
grim as they have been in recent memory. Reformers
seeking to address this problem have largely focused on
transforming public education from within by focusing on
school conditions or teacher performance. These efforts
have largely failed to bring about real progress: despite
decades of litigation and reform, our nation's most
disadvantaged children continue to lack …

Charting Kentucky's Path: How The Commonwealth Can Innovate Its Public Schools With Charter Legislation, Tyler Roberts

Kentucky Law Journal

No abstract provided.

Legislating Inclusion, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

"Of Greater Value Than The Gold Of Our Mountains": The Right To Education In Colorado's Nineteenth- Century Constitution, Tom I. Romero, Ii

University of Colorado Law Review

As the contemporary battle for educational opportunity has moved to state courts, the education clauses of a state's constitution have played prominent roles in the litigation. Of particular concern has been the role that history should play in interpreting the scope and meaning of various provisions of a clause. This Article advances this debate by examining the development of article IX (the education clause) in Colorado's 1876 "Centennial" Constitution. The Article first details the efforts to provide free public education in the United States in the decades leading to the drafting of the Colorado state constitution in 1876. Colorado, as …

Why We Need Race Conscious Admissions, Deborah N. Archer

Other Publications

No abstract provided.

School Districts And Families Under The Idea: Collaborative In Theory, Adversarial In Fact, Debra Chopp

Articles

To read the Individuals with Disabilities Education Act (IDEA) is to be impressed with the ambition and promise of special education. The statute guarantees disabled students a "free appropriate public education" (FAPE) in the "least restrictive environment." At the core of this guarantee lies an entitlement for the parents of a disabled child to collaborate with teachers and school administrators to craft an educational program that is both tailored to the child's unique needs and designed to help her make progress in her education. This entitlement, and the IDEA generally, represents an enormous advance for children with disabilities--a community that, …

Shackled And Chained In The Schoolyard: A New Approach To Schools' Section 1983 Liability Under The Special Relationship Test, Ali Davison

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

On The Need For Public Boarding Schools, Kevin Woodson

Law Faculty Publications

Nowhere is the inadequacy of American public education more striking than in high-poverty, urban schools populated by disadvantaged minority students. Despite decades of legal, policy, and scholarly efforts aimed at addressing the challenges facing these schools, the academic prospects of poor students are currently as grim as they have been in recent memory. Reformers seeking to address this problem have largely focused on transforming public education from within by focusing on school conditions or teacher performance.. These efforts have largely failed to bring about real progress: despite decades of litigation and reform, our nation’s most disadvantaged children continue to lack …

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …

Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine, Melanie B. Leslie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy, Aaron N. Taylor

All Faculty Scholarship

A debtor seeking to discharge student loans in bankruptcy must prove that paying the debt would cause an undue hardship upon him and his dependents. Undue hardship, however, is an undefined concept, flummoxing debtors, creditors and judges alike. The result of this ambiguity is rampant inconsistency in the manners in which similarly-situated debtors (and creditors) are treated by the courts. This article argues that the undue hardship standard should be replaced by a framework that uses debt service thresholds to determine the propriety of federal student loan bankruptcy discharges. Eligibility for discharge would depend on outstanding loan amounts, debtor income …

Nepa, Climate Change, And Public Lands Decision Making, Mark Squillace, Alexander Hood

Publications

One of the most difficult challenges facing public land managers today is how to address climate change in a meaningful way when making decisions affecting public lands. This problem is largely the product of the high levels of uncertainty surrounding climate change and the potential consequences of climate change for the large and complex landscapes and ecosystems that public land agencies manage.

In February 2010, the Council on Environmental Quality (CEQ) issued draft guidance to federal agencies describing how these agencies should address climate change in their decision documents. Recognizing the difficulty of the task, however, the CEQ’s draft guidance …

Bringing The Market To Students: School Choice And Vocational Education In The Twenty-First Century, Lia Epperson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Affirmative Action In Higher Education Symposium: Comment, Lee C. Bollinger

Faculty Scholarship

This issue – affirmative action in higher education – is an issue of enormous significance for the country. So I don't for a second treat this as just another conversation about an important legal question. I think this is one of those issues that define the country.

I'll tell you what I did as President of the University of Michigan, and in the course of that I'll try to explain the ways in which we formulated the cases that went to the Supreme Court and resulted in very important clarifications to the Fourteenth Amendment and affirmative action. Then I want …

Letting The Legislature Decide: Why The Court's Use Of In Loco Parentis Ought To Be Praised, Not Condemned, Tyler Stoehr

BYU Law Review

No abstract provided.

To License Or Not To License? A Look At Differing Approaches To Policing The Activities Of Nonlawyer Immigration Service Providers, Careen Shannon

Cardozo Law Review

State (and some local) governments have struggled to find ways to protect immigrants from exploitation by persons falsely holding themselves out as immigration lawyers or claiming expertise as notarios or immigration consultants. Existing legislation ranges from attempts to regulate the activities of nonlawyer immigration service providers (ISPs) by delineating prohibited practices; to requiring ISPs to post a bond or register with the state; to specifically restricting the provision of immigration assistance for compensation by any nonlawyer who is not accredited by the Board of Immigration Appeals to transcription, translation, document procurement and related clerical tasks. A comparative look at the …

Special Education Year In Review: What's New Legally And So What For Us?, Lynwood E. Beekman

Touro Law Review

No abstract provided.

Nclb Waivers, Misty Newcomb, Gary W. Ritter

Policy Briefs

No Child Left Behind, or the Elementary and Secondary Education Act, is long overdue for reauthorization. Speculation concerning when and how this controversial act would be reauthorized has occurred throughout the Obama administration. In a somewhat surprising move last week, President Obama unilaterally created rules for NCLB waivers. This policy brief provides a brief background, followed by a discussion on the new NCLB flexibility and how these changes could affect schools in Arkansas.