Journal of Law and Education

Journal providing news and research regarding education administration and legal issues.

Articles from Vol. 33, No. 2, April

Beyond Zelman: Reinventing Neighborhood Schools
From the time Brown v. Board of Education1 was decided in 1954, all branches of the federal government have sought ways to create an equal public education for all students. The judiciary has played a pivotal role in this search for equality, with the...
From Muck to Mountaintop
Educators must be terribly confused about how to respond to the No Child Left Behind Act (NCLB).1 On the one hand, the NCLB is a federal law that seems to be on the brink of reshaping education in the United States. On the other hand, educators hear...
Law Review Digests-Primary & Secondary Education
ARTICLES, NOTES AND COMMENTARYArticlesGregory M. Bartlett, Displaying the Ten Commandments on Public Property: The Kentucky Experience: Wasn't it Written in Stone?, 30 N. Ky. L. Rev., 163 (2003). The author provides a history of the Kentucky courts'...
Law Review Digests-Universities and Other Institutions of Higher Learning
ArticlesGabriel J. Chin, Saira Rao, Pledging Allegiance to the Constitution: The First Amendment and Loyalty Oaths for Faculty at Private Universities, 64 U. Pitt. L. Rev. 431 (2003). This article addresses state legislation that requires teachers to...
Recent Developments in the Law-Primary and Secondary Education
STATE COURT AND LOWER FEDERAL COURT DECISIONSConstitutional Claims and Civil RightsParents of home-schooled child sued county, alleging violation of First and Fourteenth Amendment rights. The parents sought to conduct homeschooled classes at a community...
Recent Developments in the Law-Supreme Court
Review DeniedDecisions without published opinions in the lower court:DOCKET NO.: 03-681NAME: Rothman v. ClarkeDATE: Jan. 12, 2004CITATION: cert. denied, 124 S.Ct. 1074 (2004)DOCKET NO.: 03-830NAME: Bush v. Zeeland Board of EducationDATE: Jan. 20, 2004CITATION:...
Recent Developments in the Law-Universities and Other Institutions of Higher Learning
Constitutional Claims and Civil RightsStudents sued university officers and trustees, alleging violation of substantive and procedural due process, as well as conspiracy to prevent exercise of First Amendment rights. Former graduate students wished to...
The Least Restrictive Environment: How to Tell?
I. INTRODUCTIONThe Individuals with Disabilities Education Act (IDEA),1 first enacted in 1975 as the Education for all Handicapped Children Act, is a federal spending program that all fifty states have implemented in their public schools.2 As conditions...
The National School Lunch Program and USDA Dietary Guidelines: Is There Room for Reconciliation?
I. INTRODUCTIONIn describing dietary standards set for students who meet criteria for the United States Department of Agriculture's (USDA's) school lunch program, the Ninth Circuit Court of Appeals once acknowledged:It is apparent that for many years...
Title IX: The Technical Knockout for Men's Non-Revenue Sports
I. INTRODUCTIONImagine a team meeting at a university where the men's wrestling coach is ready to announce the university has dropped the men's wrestling program from the athletic department. After all the team members file into the gym and wait patiently...
Using the Law Library: A Guide for Educators-Part I: Untangling the Legal System
USING THE LAW LIBRARY, PART IABSTRACTResearching legal issues can be a trying experience for individuals who do not deal with legal issues on a daily basis. This is the first in a series of articles designed to assist anyone not in the legal profession...
Webcams in Classrooms: How Far Is Too Far?
I. INTRODUCTIONTrends in School ViolenceColumbine, Pearl, and West Paducah bring to mind horrific images of children opening fire on other children.1 It seems as if there is a new story of unspeakable violence almost every week.2 Parents are demanding...