Journal of Law and Education, January 2009 | Go to article overview



Danielle N. Boaz, Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children, 7 Conn. Pub. Int. LJ. 1 (2007). This article confronts the assumption that the most effective strategy for advancing minority education is school integration. It details the history of court-ordered desegregation and concludes that although these efforts intended to eliminate discrimination, they have not led to integrated schools. The author notes that there is a need for a new perspective that places emphasis on power and respect in minority communities. The author concludes that minorities should advocate for voluntary segregation which will result in improved schools.

Perry A. Zirkel and John H. Clark, School Negligence Case Law Trends, 32 S. 111. U. LJ. 345 (2008). This article analyzes negligence claims filed by students against public schools from 1990 to 2005. The authors note that the number of lawsuits filed against schools remained constant over this time period. Students prevailed on their claims in only about eleven percent of the analyzed cases, receiving an average award of $430,000. The authors also found that half of the successful student claims related to transit activity.

Pamela S. Karlan, The Law of Small Numbers: Gonzales v. Carhart, Parents Involved in Community Schools, and Some Themes From the First Full Term of the Roberts Court, 86 N.C. L. Rev. 1369 (2008). This article analyzes the first term of the Roberts Court in light of the decisions issued in Parents Involved in Community Schools v. Seattle School District No. 1 and Gonzales v. Carhart. The author notes that these cases illustrate the Justices' marked differences in worldview. The author further notes that the Court appears to be exhibiting a higher level of deference to Congress and the Executive as well as a departure from striking down laws as unconstitutional based solely on facial challenges. The author concludes with an analysis of the proper role of the Court as the protector of precedential decisions such as Brown v. Board of Education.

Martha McCarthy, Anti-Harassment Provisions Revisited: No Bright-Line Rule, 2008 BYU Educ. & LJ. 225 (2008). This article examines how various courts have applied Supreme Court decisions regarding the constitutionality of anti-harassment policies in a variety of contexts. The author notes that constraints on student expression that are discriminatorily applied will likely not survive judicial scrutiny. However, anti-harassment policies will likely be upheld where mere is evidence of racial conflict. The author further notes that it is difficult to predict how the judiciary will approach anti-harassment policies relating to sexual orientation.

William Y Chin, School Violence and Race: The Problem of Peer Racial Harassment against Asian Pacific American Students in Schools, 10 Scholar 333 (2008). This article examines specific instances of harassment of Asian Pacific Americans. The author notes that this harassment is often underreported and is often based on negative stereotypes. The author discusses several remedial measures that schools may adopt, including educator cultural competency training and anti-racial harassment policies. The author also discusses the role of the courts in the resolution of this issue.

Nicholas A. Schuneman, One Nation, Under . . . the Watchmaker?: Intelligent Design and the Establishment Clause, 22 BYU J. Pub. L. 179 (2007). This article examines whether Intelligent Design may be taught in public school without violating the proper relationship between religion and the states as defined by the Establishment Clause. Noting that the Supreme Court has hinted that contexts do exist that would allow the presentation of religious concepts in public school, the author analyzes the teaching of these concepts in different academic domains. The author concludes that the Intelligent Design hypothesis is a religious notion and the Establishment Clause likely prohibits its instruction in the domain of the hard sciences because it would risk state indoctrination, but it likely may be taught within the domains of the social sciences and humanities because these allow for the secular, objective study of religious ideas. …

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