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The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene 2024 Belmont University College of Law

The Great "White" Way: Reconsidering Comprehensive Color-Conscious Casting Plans Through Affirmative Action, Commercial Speech, And Statutory Amendment, Jacob Franklin Greene

Belmont Law Review

This Note discusses the theatrical casting process from publishing a breakdown through audition day type outs and how this process exposes productions, theater companies, and Actor’s Equity Association (“AEA”) to potential liability. Part I provides a background on Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and 42 U.S.C. § 1981, as these are the federal antidiscrimination laws under which a lawsuit is most likely to arise. Part II explores the language of breakdowns, defines the concept of theatrical typing, and discusses the two predominant methods the theater industry frequently utilizes in casting shows. Likewise, …


Last Place: Is Arizona Due For School Finance Litigation?, Joe Aldridge 2024 University of South Carolina

Last Place: Is Arizona Due For School Finance Litigation?, Joe Aldridge

The Journal of Law and Education

No abstract provided.


Melissa A. Harness & Adam Z. Harness, A False Accountability Narrative: The Human Rights Implications Of Developed Nations Over-Testing Youth In Education, Melissa A. Harness, Adam Z. Harness 2024 University of South Carolina

Melissa A. Harness & Adam Z. Harness, A False Accountability Narrative: The Human Rights Implications Of Developed Nations Over-Testing Youth In Education, Melissa A. Harness, Adam Z. Harness

The Journal of Law and Education

No abstract provided.


Stronger Together: How Union Friendly Legislation Can Help Mend The Teacher Shortage, Abby Minihan 2024 University of South Carolina

Stronger Together: How Union Friendly Legislation Can Help Mend The Teacher Shortage, Abby Minihan

The Journal of Law and Education

No abstract provided.


Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley 2024 South Texas College of Law Houston

Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley

West Virginia Law Review

No abstract provided.


Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee 2024 Southwestern Law School

Once Upon A Fape: Contrasting The Fabled Hope Of Idea With Present-Day Pandemic Realities, Jenny Rodriguez-Fee

Belmont Law Review

Much like Hansel and Gretel in the widely known fairytale, children around the world have experienced trauma, loss, and profound impact to their physical, social, and emotional well-being due to the pandemic. Also, like Hansel and Gretel, students with unique needs have lacked the guidance, support, and prioritization by the adults who are meant to protect them. For some students, this failure to support by those adults charged with their education has been occurring for decades. For many, they were left alone in the woods in March 2020, the start of the Covid-19 pandemic. Forced to isolate from teachers and …


Saints, Satanists, And Religious Public Charter Schools, Allen Rostron 2024 University of Missouri - Kansas City, School of Law

Saints, Satanists, And Religious Public Charter Schools, Allen Rostron

Faculty Works

This article explores how constitutional law concerning religion has reached the point where the validity of a publicly funded religious school is even a debatable issue. It argues that the First Amendment provides a simple formula for achieving optimal protection of religious freedom, by maximizing religious rights in the private realm while minimizing the role of religion in public matters. For decades, the Supreme Court largely succeeded in maintaining this boundary line between the private and public spheres. A key turning point occurred in 2002 when the Court decided Zelman v. Simmons-Harris and upheld a program in which families received …


When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro 2024 Virginia Commonwealth University

When Public Meets Private: Private School Enrollment And Segregation In Virginia, Genevieve Siegel-Hawley, Ash Taylor-Beierl, Erica Frankenberg, April Hewko, Andrene Castro

Washington and Lee Journal of Civil Rights and Social Justice

Recognizing Virginia’s central role in the expansion of segregated southern private schools after the Brown v. Board of Education ruling, we review law and policy related to private school segregation. We also conduct an empirical analysis of Virginia private school enrollment and segregation since the turn of the twenty-first century, finding uneven enrollment even as the number of private schools has grown. Segregation in the sector is deepening. As public funding for private schools rises, we make the case that the increasingly blurred lines between public and private education in Virginia are rooted in adaptive discrimination.


Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper 2024 Washington and Lee University School of Law

Battle Of The Lands: The Creation Of Land Grant Institutions And Hbcus – Fostering A Still Separate And Still Unequal Higher Education System, Jasmine Cooper

Washington and Lee Journal of Civil Rights and Social Justice

In HBCU culture, the Battle of the Bands is a competition between school marching bands to determine the “best of the best”. It is a cultural celebration that symbolizes friendly competition and showcases students’ pride in their school. Unfortunately, since their inception, Historically Black Colleges, and Universities (“HBCUs”) have been battling for legitimacy in America’s higher education system. From the beginning, HBCUs were often the only place African Americans could receive an education. Today, HBCUs are known for creating some of the most successful Black graduates and serve as a safe haven for Black students seeking an education in an …


Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell 2024 Mississippi Christian University School of Law

Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell

MC Law Review

This essay surveys education in Mississippi from its origins to the creation of the state's first statewide public education system during "Radical" Reconstruction. The Choctaws and Chickasaws had developed methods of educating youngsters in their traditional culture; however, faced with the invasion of their homelands by Africans and Europeans, they began to embrace "white" missionary schools in order to learn the skills needed to survive in the new economy imposed by the settlers. The European-derived invaders consisted of two classes: the planters and the yeomen (poor).


How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson 2024 University of Miami School of Law

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law's Innovative Approach, Marcia Narine Weldon, Ian Nelson

Articles

No abstract provided.


Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann 2024 University of South Carolina

Preserving Viewpoint Pluralism And Democratic Principles: Florida's "Divisive Concepts" Law And Strategies For Challenging The Law's Enforcement In K-12 And Higher Education, Abigail Dallmann

The Journal of Law and Education

No abstract provided.


Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Naomi Grace Hodo Walker, Brian Flaherty 2024 University of South Carolina

Cuing Safety In The Law School Classroom: Using A Polyvagal Theory Framework In Support Of Trauma-Informed Teaching Practices, Naomi Grace Hodo Walker, Brian Flaherty

The Journal of Law and Education

No abstract provided.


Societal Concerns Over The Drug Epidemic Have Turned America's Public Schools Into Constitutional Dead Zones, Sarah Catherine V. Gibson 2024 University of South Carolina

Societal Concerns Over The Drug Epidemic Have Turned America's Public Schools Into Constitutional Dead Zones, Sarah Catherine V. Gibson

The Journal of Law and Education

No abstract provided.


The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano 2024 Delgado Community College

The Supreme Court And The Federalist Society Network: The Conversation That Determined Whose Vote Counts, Deborah Toscano

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the Federalist Society Network (FSN) in shaping the Supreme Court's decision in Shelby County v. Holder, which invalidated Section 4 of the Voting Rights Act (VRA). The FSN's legal framework, emphasizing state sovereignty and the Tenth Amendment, influenced the Court's expansion of the "equal sovereignty" doctrine, leading to the dismantling of a key provision of the VRA. This decision reflects a broader shift in federalism, prioritizing state autonomy over federal oversight in voting rights.


It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra DeBenedictis 2024 Benjamin N. Cardozo School of Law

It Takes A Special Person To Raise A Special Needs Child: How New York's Existing Family Regulation Systems Are Not Equipped For Children With Autism, Alexandra Debenedictis

Cardozo Journal of Equal Rights & Social Justice

The note argues that New York's current family regulation systems, including the Family Court Act (FCA) and the Administration for Children’s Services (ACS), are inadequately equipped to protect children with autism in foster care. These systems fail to address the unique needs of autistic children, leading to increased vulnerability to abuse, neglect, and prolonged stays in foster care. The note proposes reforms to improve monitoring, education, and resource accessibility to better safeguard these children.


200 Years In Review: Education And The Mississippi Constitution, Wendy Scott 2024 Mississippi College School of Law

200 Years In Review: Education And The Mississippi Constitution, Wendy Scott

MC Law Review

No abstract provided.


Emerging School Finance Litigation In Mississippi, LaJuana Davis 2024 Cumberland School of Law

Emerging School Finance Litigation In Mississippi, Lajuana Davis

MC Law Review

This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …


It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain 2024 Mississippi College School of Law

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

MC Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …


The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr. 2024 Loyola University of New Orleans College of Law

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

MC Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …


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