Unlike other recent cases, such as Newsom v. Albemarle2 in the Fourth Circuit and Guiles v. Marineau3 in the Second Circuit, in which federal appellate courts decided that school officials may have violated students' freedom of speech rights by the restrictions placed on wearing specific messages on their t-shirts, the Seventh Circuit did not find that the school official's behavior violated Brandt's speech rights.
In its student speech cases, the Supreme Court has incorporated but not fully elucidated the idea that the public school has an institutional mission and that school officials have constinationally sanctioned authority to pursue that mission through the regulation of student messages.1 This lack of a clearly articulated conception of how the Constitution shapes the content of the school's projected institutional mission confounds the resolution of cases involving the regulation of student religious speech.2 As a matter of constitutional law, how is the public school's mission to be understood as having a representational dimension? In particular, I seek to explore how the constitutional analysis of student religious speech claims, an analysis performed by teachers and administrators at...
IT WAS billed as "significant reform." But the New Jersey Education Association's tenure reform proposal is an uninspired tinker. The union's proposal to have arbitrators decide tenure cases within 90 days, replacing the current system in which administrative law judges and the state education commissioner decide cases within six to nine months, would likely cut the significant legal bills associated with tenure challenges. And, the logic goes, if firing a teacher becomes less eternal and expensive, school districts would be more likely to attempt it.
Through an analysis of U.S. Supreme Court cases, this article argues that teaching, mentioning, or simply making public high school students aware of intelligent design does not violate the Establishment Clause; thus intelligent design may be legally taught in public schools.
This article addresses the intersection of two reforms that currently dominate the world of education law and policy: the standards and testing movement and school finance litigation. The article proceeds in four parts. Part I explains the history and theory behind standards-based reform, school finance litigation, and the potential marriage of the two. Part II examines actual decisions and demonstrates how courts in school finance cases have focused primarily on resource disparities. Part III makes the normative case against relying on legislative standards in school finance cases. Part IV makes the case in favor of comparability. The conclusion emphasizes the importance of tying strategies in education reform, where urban and rural districts tie their fate to that of politically power...
Roy Brown first met Alex Dunbar in 2006, when Brown was in prison for a murder he did not commit. Dunbar was working on a film about Brown's 16-year struggle to prove he did not kill Sabina Kulakowski in May 1991. Since that meeting, Dunbar finished the movie, Blanchard Road: A Murder in the Finger Lakes, while Brown finally persuaded a judge of his innocence and was set free in January 2008. Brown's exoneration came just in time - when released last year he was considered terminally ill. Brown won his freedom through sheer persistence and the support of the Innocence Project, a Yeshiva University-based legal organization dedicated to taking on such cases. With only a fifth-grade education, Brown immersed himself in the law at a prison library, finally prying free from prosecutors and p...
The United States system of funding schools with local property tax dollars leads to qualitative disparities across school districts. It is crucial that state courts address this problem, since no federal right to education exists. Students and parents have successfully challenged these funding systems in many states, but courts in seven states - citing the political question doctrine - have refused to review these claims. It appears that most of these states lack a coherent political question history and have used the prudential standing doctrine to avoid education claims specifically. This Note argues that the political question doctrine should not be used as an excuse to ignore educational adequacy cases in states with an affirmative constitutional right to education.
The author surveys Supreme Court cases that provide the legal background necessary to analyze the constitutional implications of teaching intelligent design. To develop regulations for implementing NCLB, Congress directed the use of negotiated rulemaking, a process where the Department of Education collaborates with state education boards, school districts, teachers, parents, and students. The Injustice Underneath Achievement Gaps in Our Public Schools; Charles Clotfelter, Helen F Ladd, Jacob Vigdor, and Justin Wheeler; High-Poverty Schools and the Distribution of Teachers and Principals; Henry M. Levin; On the Relationship Between Poverty and Curriculum; Michael Heise; Litigated Learning, Law's Limits, and Urban School Reform Challenges; Michael A. Rebell; Poverty, "Meaningful" Educa...
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