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Articles 1 - 30 of 3980

Full-Text Articles in Education Law

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas Sep 2019

Book Review Of Getting Around Brown: Desegregation, Development, And The Columbus Public Schools, Davison M. Douglas

Davison Douglas

No abstract provided.


Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas Sep 2019

Book Review Of The Separate City: Black Communities In The Urban South, Davison M. Douglas

Davison Douglas

No abstract provided.


The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer Sep 2019

The Parental Choice Fallacy In Education Reform Debates, James G. Dwyer

James G Dwyer

Some tout parental school choice as a strategy for promoting, among other school-related goods, educational innovation. This Article offers clarifying and skeptical thoughts about that position. It first explains what “educational innovation” and “parental choice” mean. It then considers what limitations on this strategy might arise from existing legal regulations, from market forces, or from ethical obligations to children. Finally, the Article explains why parental choice is also unlikely to improve education for the children most in need of a better academic environment and suggests an alternative approach to student reassignment that is much more likely to do so.


The Liberal State's Response To Religious Visions Of Education, James G. Dwyer Sep 2019

The Liberal State's Response To Religious Visions Of Education, James G. Dwyer

James G Dwyer

No abstract provided.


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Sep 2019

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

James G Dwyer

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing ...


School Accountability And ‘High Stakes’ Testing, James G. Dwyer Sep 2019

School Accountability And ‘High Stakes’ Testing, James G. Dwyer

James G Dwyer

No abstract provided.


School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer Sep 2019

School Vouchers: Inviting The Public Into The Religious Square, James G. Dwyer

James G Dwyer

No abstract provided.


Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer Sep 2019

Religious Schooling And Homeschooling Before And After Hobby Lobby, James G. Dwyer

James G Dwyer

The most serious incursions on religious liberty in America today are being inflicted on children by parents and private school operators through power the State has given them. This Article examines the potential effect of the Court’s Hobby Lobby decision on interpreting the Religious Freedom Restoration Act (“RFRA”) on both federal and state levels, detailing why the Court’s decision is irrelevant to addressing the incursions on liberty experienced by children subject to religious and home schooling.

Ultimately, the Article finds that home schools and private schools are unfazed by the Hobby Lobby decision in their capacities as employers ...


No Accounting For School Vouchers, James G. Dwyer Sep 2019

No Accounting For School Vouchers, James G. Dwyer

James G Dwyer

No abstract provided.


Funding Religion In A Post-Zelman World, James G. Dwyer Sep 2019

Funding Religion In A Post-Zelman World, James G. Dwyer

James G Dwyer

No abstract provided.


The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas Sep 2019

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Davison Douglas

No abstract provided.


The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas Sep 2019

The Quest For Freedom In The Post-Brown South: Desegregation And White Self-Interest, Davison M. Douglas

Davison Douglas

No abstract provided.


The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas Sep 2019

The Promise Of Brown Forty Years Later: Introduction, Davison M. Douglas

Davison Douglas

No abstract provided.


The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas Sep 2019

The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas

Davison Douglas

No abstract provided.


The End Of Busing?, Davison M. Douglas Sep 2019

The End Of Busing?, Davison M. Douglas

Davison Douglas

No abstract provided.


Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas Sep 2019

Book Review Of Forced Justice: School Desegregation And The Law And Race Relations Litigation In An Age Of Complexity, Davison M. Douglas

Davison Douglas

No abstract provided.


Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas Sep 2019

Book Review Of Make Haste Slowly: Moderates, Conservatives, And School Desegregation In Houston, Davison M. Douglas

Davison Douglas

No abstract provided.


Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas Sep 2019

Book Review Of Desegregating Texas Schools: Eisenhower, Shivers, And The Crisis At Mansfield High, Davison M. Douglas

Davison Douglas

No abstract provided.


Is Quality Public Education Guaranteed By The Constitution?, Alan E. Garfield Sep 2019

Is Quality Public Education Guaranteed By The Constitution?, Alan E. Garfield

Alan E Garfield

No abstract provided.


A Primer On Disability Discrimination In Higher Education, Laura Rothstein Sep 2019

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Laura Rothstein

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These ...


Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short Sep 2019

Sane Gun Policy From Texas? A Blueprint For Balanced State Campus Carry Laws, Aric Short

Aric Short

merican universities are caught in the crosshairs of one of the most polarizing and contentious gun policy debates: whether to allow concealed carry on campus. Ten states have implemented "campus carry" in some form; sixteen new states considered passage last year; and a growing wave of momentum is building in favor of additional adoptions. Despite this push towards campus carry, most states adopting the policy fail to strike an effective balance between the competing rights and interests involved. When states give universities the option to opt out of the law, for example, they almost always do. Other states impose a ...


A Primer On Disability Discrimination In Higher Education, Laura Rothstein Sep 2019

A Primer On Disability Discrimination In Higher Education, Laura Rothstein

Brandeis School of Law Faculty Scholarship

This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These ...


The Character Of Law: A Normative Critique Of Social-Emotional Learning Laws, Meredith R. Aska Mcbride Sep 2019

The Character Of Law: A Normative Critique Of Social-Emotional Learning Laws, Meredith R. Aska Mcbride

Northwestern University Law Review

This Note examines a widespread but barely acknowledged phenomenon within education law: the recent enactment, in all fifty states, of statutes and standards regarding students’ social and emotional learning within public schools. Despite significant empirical evidence that curricular and disciplinary interventions targeting students’ social and emotional skills are effective at building these skills and, in turn, enhancing students’ academic and long-term outcomes, this Note argues that social and emotional learning should not be legislated. Drawing on James Scott’s seminal critique of processes of state rationalization and Jal Mehta’s application of this critique to education policy, this Note shows ...


The Supreme Court And Public Schools, Erwin Chemerinsky Aug 2019

The Supreme Court And Public Schools, Erwin Chemerinsky

Erwin Chemerinsky

Review of Justin Driver's The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind.


Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth Jul 2019

Bureau For Private Postsecondary Education, Junhee Park, R. C. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Equal Protection Supreme Court Appellate Division Third Department Jul 2019

Equal Protection Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Due Process Supreme Court Appellate Division Third Department Jul 2019

Due Process Supreme Court Appellate Division Third Department

Touro Law Review

No abstract provided.


Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen Jul 2019

Limited Choices: How The School-Choice Paradigm Subverts Equal Education For Students With Disabilities, Amanda S. Sen

Maryland Law Review

While there is no absolute right to education in the Constitution of the United States, legislation and litigation have created and elucidated specific rights of children to, at a minimum, equal opportunity in education. For students with disabilities, the right to equality in educational opportunity can be found in both federal statutes and under the Fourteenth Amendment to the Constitution. Rapidly developing education policy currently promotes increasing options for parents to use federal and state funds to send their children to schools other than their neighborhood public schools (“school choice”). However, the specific rights of students with disabilities have been ...


Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson Jun 2019

Developing Prevention-Oriented Discipline Codes Of Conduct, Miranda Johnson

Miranda B Johnson

No abstract provided.


Virginia Industrialization Group, Lewis F. Powell Jr. Jun 2019

Virginia Industrialization Group, Lewis F. Powell Jr.

Powell Correspondence

No abstract provided.