Law Review Digests-Primary and Secondary Education

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ARTICLES, NOTES AND COMMENTARY

Articles

Thomas C. Berg, Vouchers and Religious Schools: The New Constitutional Questions, 72 U. Cin. L. Rev. 151 (2003). Zelman v. Simmons-Harris, the "vouchers case," allowed religious schools to be included in the government voucher plan. This article suggests that a carefully drawn voucher program will not blur the line between religion and government, and, further, that a prohibition on religious schools may violate the Constitution's Equal Protection Clause.

KyIe Duncan, Secularism's Laws: State Blaine Amendments and Religious Persecution, 72 Fordham L. Rev. 493 (2003). This article discusses state Blaine Amendments, which limit individuals' and organizations' rights to receive government-sponsored benefits because of certain religious affiliations. The article concludes that the amendments typically violate the Constitution's Establishment Clause.

Cecil C. Kuhne, School Voucher Programs: Has the Supreme Court Pulled Up the Gangplank to Establishment Clause Challenges?, 35 St. Mary's LJ. 379 (2004). This essay examines an Ohio program allowing school vouchers. The author explores the heritage of this private choice doctrine through landmark judicial developments. The author concludes that the Supreme Court decision in Zelman all but eliminates the possibility for successful Establishment Clause challenges in the future regarding such plans.

David R. Matthews, Lessons from Lake View: Some Questions and Answers from Lake View School District No, 25 v. Huckabee, 56 Ark. L. Rev. 519 (2003). This article discusses the history of an Arkansas lawsuit brought by school officials and residents of Phillips County, Arkansas against the Governor of Arkansas. This suit challenged the funding of the public school system and questioned the system's constitutionality under the Arkansas Constitution. The court looked at both the adequacy and the equality of the system enacted by the Arkansas legislation. The author provides the criteria that were found to be critical to an adequate system by the Arkansas legislature, as well as definitions of equality that reach beyond merely providing the same dollar figure per student. The author concludes that if the Arkansas legislature fails to create a system that provides both adequate and equitable education, the consequences will have greater impact than any other current legislation.

Dan Mbulu, First Amendment: Extending Equal Access to Elementary Education in the Aftermath of Good News Club v. Milford Central School, 16 Regent U. L. Rev. 91 (2003-2004). In this article, the author examines several United States Supreme Court cases involving religious activities in the school setting. The author specifically looks at the decision in Good News Club v. Milford Central School and the ramifications of this decision.

Michael Pinard, From the Classroom to the Courtroom: Reassessing Fourth Amendment Standards in Public School Searches Involving Law Enforcement Authorities, 45 Ariz. L. Rev. 1067 (2003). The author provides a history of cases addressing the search of students in schools. The issue of police officers searching students and the various treatments by lower courts to weigh the Fourth Amendment rights of students is analyzed. The author suggests that courts often treat searches of students in schools conducted by police officers as they would searches conducted by school personnel themselves. Further, the problems of a lower probable cause standard utilized by the courts in these situations combined with increased use of law enforcement by schools are analyzed. The author recommends that, although use of police officers to conduct searches will be necessary to detect criminal activity at schools, the courts should use the higher standard of probable cause in reviewing those searches for Fourth Amendment violations.

Daria Roithmayr, Locked in Inequality: The Persistence of Discrimination, 9 Mich J. …