Educating English Learners: Reconciling Bilingualism And Accountability,
2012
St. John's University School of Law
Educating English Learners: Reconciling Bilingualism And Accountability, Rosemary C. Salomone
Faculty Publications
(Excerpt)
In late July 2011, an estimated 5,000 individuals converged on Washington, D.C., to protest the direction of state and federal education policy. Fueled by social media, the Save Our Schools March and National Call to Action was a grassroots effort organized largely by teachers, with principals, school board members, and activists lending support. Featured speakers included prominent education figures, like historian Diane Ravitch and Jonathan Kozol, a former teacher known for his writings on school inequalities. Specific points of contention focused on high stakes testing and test-based accountability, key elements in the Obama Administration’s Blueprint for Reform and Race …
Multilingualism And Multiculturalism: Transatlantic Discourses On Language, Identity, And Immigrant Schooling,
2012
St. John's University School of Law
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 …
The Lawmaking Family,
2012
St. John's University School of Law
The Lawmaking Family, Noa Ben-Asher
Faculty Publications
Increasingly there are conflicts over families trying to “opt out” of various legal structures, especially public school education. Examples of opting-out conflicts include a father seeking to exempt his son from health education classes; a mother seeking to exempt her daughter from mandatory education about the perils of female sexuality; and a vegetarian student wishing to opt out of in-class frog dissection. The Article shows that, perhaps paradoxically, the right to direct the upbringing of children was more robust before it was constitutionalized by the Supreme Court in Meyer v. Nebraska (1923) and Pierce v. Society of Sisters (1925). In …
Shackled And Chained In The Schoolyard: A New Approach To Schools' Section 1983 Liability Under The Special Relationship Test,
2012
Benjamin N. Cardozo School of Law
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.
Undo Undue Hardship: An Objective Approach To Discharging Federal Students Loans In Bankruptcy,
2012
Saint Louis University School of Law
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 …
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students,
2012
Univ. of the Pacific McGeorge School of Law
Raising The Bar: Law Schools And Legal Institutions Leading To Educate Undocumented Students, Karla M. Mckanders, Raquel Aldana, Beth Lyon
Vanderbilt Law School Faculty Publications
This paper explores the adoption of best practices for the admission and graduation of undocumented students as lawyers and promoting their integration into the legal profession. Law schools are already both knowingly and unknowingly admitting and graduating undocumented students. It is our contention in this paper, after careful analysis, that no law precludes law schools from admitting undocumented students, offering them in-state tuition or other types of private and even public financial aid in states that permit it, or allowing them to participate fully in the law schools’ educational opportunities. We acknowledge that there are tensions around the decision to …
Nepa, Climate Change, And Public Lands Decision Making,
2012
University of Colorado Law School
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 …
Charting Kentucky's Path: How The Commonwealth Can Innovate Its Public Schools With Charter Legislation,
2012
University of Kentucky
Charting Kentucky's Path: How The Commonwealth Can Innovate Its Public Schools With Charter Legislation, Tyler Roberts
Kentucky Law Journal
No abstract provided.
Time To Sever The Dead Hand: Fisk University And The Cost Of The Cy Pres Doctrine,
2012
Benjamin N. Cardozo School of Law
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.
Constitutional Implications Of Title Ix Compliance In Colleges And Universities,
2012
Benjamin N. Cardozo School of Law
Constitutional Implications Of Title Ix Compliance In Colleges And Universities, Michael Rosen
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics,
2012
University of Central Florida
The War On Women's Fundamental Rights: Connecting U.S. Supreme Court Originalism To Rightwing, Conservative Extremism In American Politics, Donna J. King
Cardozo Journal of Equal Rights & Social Justice
The article argues that the Fourteenth Amendment's Privileges or Immunities Clause, intended to protect fundamental rights for all citizens, including women, has been systematically undermined by the U.S. Supreme Court's originalist interpretations. This erosion, exemplified by cases like SlaughterHouse, has emboldened right-wing extremism and threatens women's rights, particularly in the context of unenumerated fundamental rights. The article contends that the Court's narrow constructions and disregard for legislative history have perpetuated inequality and stripped the Clause of its intended protective power.
Why We Need Race Conscious Admissions,
2012
New York Law School
Why We Need Race Conscious Admissions, Deborah N. Archer
Other Publications
No abstract provided.
Affirmative Action In Higher Education Symposium: Comment,
2012
Columbia Law School
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 …
Regulating The Boundaries Between The Public And Private Lives Of Teachers In Changing Cultural Contexts: An American Perspective,
2012
University of Dayton
Regulating The Boundaries Between The Public And Private Lives Of Teachers In Changing Cultural Contexts: An American Perspective, Charles J. Russo
Educational Leadership Faculty Publications
Regardless of whether they wish to be regarded as such, there can be little doubt that most teachers and parents in Australia, New Zealand, and the United States agree that teachers are role models for students regardless of whether educators act in or out of schools. Yet, during this time of changing cultural contexts, the boundaries between the private and professional lives of teachers are blurred such that teachers may face liability for what they say or post in a more contemporary application of free speech, via the internet.
In light of ongoing changes, this paper examines how shifts ranging …
Religious Consumers And Institutional Challenges To American Public Schools,
2012
Fordham University School of Law
Religious Consumers And Institutional Challenges To American Public Schools, Aaron J. Saiger
Faculty Scholarship
The paradigm of American K–12 education is shifting as the institution of local educational polities, each responsible for own its 'common schools,' faces competition from programs of school choice. Although charter schools and related reforms are generally studied in terms of quality and equity, the rise of consumer sovereignty as an alternative to political sovereignty as an organizing principle for educational governance has much wider ramifications. Paradigms of choice have already begun dramatically to alter religious education and its relationship to public schooling. Moreover, because these paradigms rely upon consumer preferences and the aggregation of those preferences by markets, the …
Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy,
2012
Georgetown University Law Center
Book Review Of The Future Of School Integration: Socioeconomic Diversity As An Education Reform Strategy, Eloise Pasachoff
Georgetown Law Faculty Publications and Other Works
The last decade has seen a quiet but steady expansion of interest in using socioeconomic diversity in schools to improve educational outcomes. Ten years ago, only a few school districts around the country used formal strategies to integrate their schools along class lines. Today, over eighty school districts around the United States, together educating around four million students, ensure that poor children are taught alongside middle-class and wealthier children through a variety of voluntary integration programs. The message of The Future of School Integration: Socioeconomic Diversity as an Education Reform Strategy, the important new book edited by Richard Kahlenberg, is …
Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education,
2012
University of Oklahoma College of Law
Acting For The Left Behind: How The Native Class Act Could Close The Gaps In American Indian Education, Aaron J. Stewart
American Indian Law Review
No abstract provided.
((Re)Considering Race In The Desegregation Of Higher Education,
2012
School of Social Work, University of Georgia
((Re)Considering Race In The Desegregation Of Higher Education, Maurice C. Daniels, Cameron V. Patterson
Georgia Law Review
This Essay examines the struggle to desegregate the
University of Georgia (UGA) in the context of the broader
strategies to defeat segregation in higher education. In
doing so, this Essay explores Horace T. Ward's struggle to
enroll in UGA School of Law in Ward v. Regents, the first
lawsuit in Georgia history to attempt to dismantle the
centuries-old practice of segregation at UGA. The Essay
then examines the Holmes v. Danner case, which led to the
admission of the first African-American students at UGA
and the dismantling of segregation statewide in Georgia's
public colleges and universities.
Building upon this backdrop, …
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between,
2012
Howard University School of Law
Education's Elusive Future, Storied Past, And The Fundamental Inequities Between, Derek W. Black
Georgia Law Review
During the past half-century, education has experienced
a broad expansion of civil rights. Where no rights
previously existed, students now have the right to be free
from discrimination based on race, language status,
disability, wealth, gender, and homelessness. The full
development of these rights, along with substantive
educational improvements for disadvantaged students,
however, has recently stalled. For instance, mandatory
school desegregation, which laid the political and
theoretical foundation for other movements, is nearly non-
existent today. Other movements fare better than
desegregation, but nonetheless face serious limitations.
The overall trend of these various movements raises
serious questions about the prospects …
The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech,
2012
University of Georgia School of Law
The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks
Georgia Law Review
When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …
