Education Law Commons^™

Endowmentball, Doron Narotzki

Northwestern Journal of Law & Social Policy

This Article presents a policy and a structural response to a national capacity failure in American higher education: the concentration of endowment wealth in a handful of elite institutions, while most colleges, those that educate the majority of Americans, including most low-income, first-generation, and underrepresented students, operate under permanent financial constraint, and remain drastically underfunded. This imbalance carries a profound social cost. It weakens equity, limits inclusion, and undermines the promise of upward mobility that higher education is supposed to deliver.

The proposed framework introduces a progressive excise tax on endowment investment returns, scaled by per-student wealth. Universities with excessive …

The Double-Edged Rhetoric Of Parental Rights: Conflicts Between Freedom And Control In Cases Concerning Transgender Youth, Susan Etta Keller

Northwestern Journal of Law & Social Policy

This Article examines the rhetorical structures courts and advocates deploy in two distinct lines of cases adjudicating parental rights claims affecting transgender youth: cases challenging state bans on gender-affirming care, and cases challenging school policies supportive of transgender students. Although the legal basis for the parental rights claims in each set of cases is the same—substantive due process rights under the Fourteenth Amendment—the alignment of parental interests with those of their children diverges between the two sets. In the gender-affirming care cases, parents act in concert with their children’s expressed interests; in the school policy cases, parents seek to override …

An Act To Amend {An Act} Entitled "An Act To Incorporate The Florence Wesleyan University, " Approved February 14, 1856, W.W. Screws (State Printer)

Documents on Education and Progress of the University

Amended Act of 1856- "the university shall be subject to the superintendence of the Alabama, Tennessee and Memphis conferences."

Acts of the Session of 1870-1871, of the General Assembly of Alabama Held in the City of Montgomery (No. 170)

An Act To Incorporate The Florence Wesleyan University, Bates & Lucas (State Printers)

Documents on Education and Progress of the University

Act of Incorporation for Florence Wesleyan University, 1856.

Acts of the Fifth Biennial Session of the General Assembly of Alabama Held in the City of Montgomery.

In Defense Of The Ten Commandments In Public Spaces: An Analysis Based On The Supreme Court’S New Judicial Standard, Songfeng Li

Arkansas Law Review

On June 19, 2024, Louisiana Governor Jeff Landry signed legislation mandating the display of the Ten Commandments in all public K-12 schools and colleges in the state. On June 21, 2024, Texas Lieutenant Governor Dan Patrick announced his intention to introduce a similar bill in the next legislative session that would require the display of the Ten Commandments in schools. Immediately after the Louisiana law’s enactment, a group of local parents with the help of multiple organizations filed a federal lawsuit seeking to block its implementation. As of today, the district court and appellate court have issued differing rulings. The …

Preserving Rural School Districts From The Threat Of Vouchers And Charters, Preston C. Green Iii

Idaho Law Review

School vouchers and charter schools are primed to grow at a time when public school systems are experiencing a precipitous decline in enrollment. Unfortunately, for many rural school districts, this challenging environment may endanger their very existence, to the detriment of the students and the communities they serve. To guard against this potential harm, this article calls for state legislatures to designate certain classes of rural districts as “education preserves.” This article also explains how states can create education preserves in a manner that can withstand Free Exercise Clause challenges.

The Hypocrisy Of The Wizards—A Proposal To Correct Incentives In Higher Education Loan Financing, Caden Benedict

School of Public Policy Capstones

This paper explores the origins of the student loan debt crisis and proposes tying university incentives to graduates' repayment plans and disclosing median earnings for degrees before students apply. Specifically, while there are numerous factors explaining why the price of education has increased dramatically since the 1970s, this paper proposes solutions that will specifically target university moral hazards by requiring universities fund: (1) the current subsidies to federal student loan repayments under income-driven plans as the House of Representatives intended before the Senate removed "risk-sharing," and (2) bankruptcy law discharge amounts. Moreover, requiring universities to disclose the median earnings of …

Consent Absent Consensus: A Principles-Based Framework For Institutional Sexual Consent Policies, Tammi Walker

West Virginia Law Review

Title IX requires educational institutions to address sexual misconduct but provides no clear standard for defining consent. In the absence of federal guidance, colleges and universities operate in a regulatory vacuum, producing inconsistent definitions, legal uncertainty, and contested understandings of what consent requires. Without a structured framework, institutions struggle to balance survivor protection, due process, and practical implementation. This Article introduces a principles-based framework that supports clearer, more coherent consent policies. It identifies three interdependent elements of valid sexual consent: (1) Respect for Choices and Autonomy, which requires voluntary agreement free from coercion or pressure; (2) Informed Expectations and Transparency, …

Property Taxes And Educational Inequality: How Funding Structures Perpetuate Social Class Divides In San Antonio, Texas, Kristanna Martinez, Camila Ore

Posters - 2026

The U.S education system relies heavily on property taxes, creating an unhealthy dependence where property value dictates the quality of education depending on the school district

• In the historical case Edgewood v. Kriby, the Texas Supreme Court ruled that the reliance on local property taxes for school funding was unconstitutional, as it violated the state requirement that all children receive a “thorough and efficient” education. The court ruled that every district must be provided the same ability to obtain educational funds regardless of their local property wealth. • The purpose of this study is to examine if the 2025-2026 …

Teaching A Social Justice Approach To Leadership In Law Schools, Tamar Ezer

Articles

Leadership is critical for social justice. Our law students have the potential to serve as future social justice leaders, building strong organizations and movements to carry out this work. Drawing on both leadership theory and practical examples from clinical legal education, this piece argues for a broad definition of leadership, embracing diversity and encompassing the counter-cultural values of listening and humility. It further proposes a three-dimensional model of social justice leadership, engaging the mind, heart, and spirit, and suggests teaching practices to strengthen each component. The first dimension focuses on cognitive competencies, including substantive mastery of an area of law …

The Addison C. Harris Lecture: Intellectual Diversity Mandates And The Freedom To Teach, Keith E. Whittington

Indiana Law Journal

This Essay provides the first examination of the Indiana Senate Bill 202, which was adopted into law in the spring of 2024. The new law imposes an “intellectual diversity” mandate on public university classroom teaching in the state. The law is novel in its approach but is part of a larger movement to intercede in what is taught in university classrooms. The intellectual diversity mandate raises difficult and unexamined conceptual, normative, and practical problems that will now demand attention from university officials in Indiana and that might soon confront university administrators in other states across the country if the Indiana …

Education As A Right, Homelessness As A Crisis: The Displaced Futures Of American Homeless Youth, Tina Pham

Washington and Lee Law Review

Homelessness in the United States has been a humanitarian crisis affecting youth as one of its most vulnerable populations. Education is one of the few opportunities to break through this cycle of poverty. Recognizing the gap in education for homeless students and other students, Congress enacted the McKinney-Vento Act, which guarantees homeless youth educational rights to access public education. Following the Supreme Court’s decision in Grants Pass v. Johnson, however, the rise of criminalizing policies, such as encampment sweeps and anticamping ordinances, threatens the success of the Act. These policies not only destabilize families, but they also leave homeless youth …

In Bad Faith: The Binding Of The Establishment Clause On The Altar Of Free Exercise, Ian G. Klein

St. Mary's Law Journal

This Article contends that the facially unconstitutional introduction of mandatory Biblical instruction into Oklahoma public schools and mandatory posting of the Ten Commandments in Louisiana and Texas public schools reflect a deliberate strategy to bring Everson v. Board of Education[1]—which incorporated the Establishment Clause against the states vis-à-vis the Fourteenth Amendment—before the review of a hyper-‍partisan Supreme Court, with the ultimate goal of its reversal, allowing endorsement and declaration of religion on a state level.[2]  The Article will demonstrate that this is consistent with nearly two decades of Religion Clause jurisprudence, culminating in the overturn of the …

Does A Restrictive Clause Preventing The Resale Of A Vehicle Belong In The Proverbial “Bundle Of Sticks”?, Richard "Tres" Lyons Iii

St. Mary's Law Journal

No abstract provided.

Of Property And Pilgrims: The Myth Of Communal Property And The Realities Of Corporate Charters And Land Tenures In Plymouth Colony, Liam Cronan

St. Mary's Law Journal

No abstract provided.

Impeachment By Conviction With Crimes Of Dishonesty Or False Statement: The Automatic Admit Feature In Rule 609(A)(2), David Crump

St. Mary's Law Journal

No abstract provided.

Dissociative Identity Disorder And The Creation Of The Court Forensic Psychologist, Sarah Nicole Peacock

St. Mary's Law Journal

No abstract provided.

Diversity Is More Than Non-Discrimination: Groupthink In Higher Education, Adam Goldstein, Sean Stevens, Nathan Honeycutt

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, we seek to advance three claims. First, intellectual diversity is an essential bulwark against groupthink. Second, conflating intellectual diversity and non-discrimination undermines both concepts. Third, intellectual diversity should be pursued for its own sake and recognized as a separate and important goal of higher education.

We begin by sharing a set of definitions to identify the problem more precisely. Next, we examine the stakes of groupthink setting in. Then, we will introduce some of FIRE’s research on campus climate, which suggests the presence of an existing monoculture. Through the lens of a case study at Harvard …

Happy Belated Iep: How A Notice Of Procedural Safeguards Fails Children With Specific Learning Disabilities, Chrystal Clodomir

Kentucky Law Journal

No abstract provided.

Campus Coverage: How Biden's Title Ix Regulations Threaten Free Speech, Academic Freedom, And University Liability, Alex Drury

Kentucky Law Journal

No abstract provided.