Law Review Digests

Journal of Law and Education, January 2003 | Go to article overview

Law Review Digests


ARTICLES, NOTES AND COMMENTARY Primary & Secondary Education Articles

Austin W. Brumwell, Recent Development: Juris Doctores or Doctores Divinitatis: Good News Club v. Milford Central School, 25 Harv. J.L. & Pub. Pol'y 385 (2001). In the context of religious education in schools, the Supreme Court has struggled to define and delineate between speech that discriminates in its viewpoint and speech that discriminates in its content. The author of this article determines that the Court must first define "religion" itself before it can restrain schools from teaching the "content" of religion. Some references to religion are for purposes other than religious content teaching, and therefore are not violative of the Establishment Clause. Dennis Ford Eagan, The Past, Present, And Future of School Desegregation Law in Massachusetts, 34 Suffolk U. L. Rev. 541 (2001). This note examines the creation and evolution of public school desegregation in Massachusetts through analysis of the history of desegregation and the racial imbalance statute in Massachusetts compared to the history of national desegregation law. The recent trend by the federal courts to overturn race-based school policies is also examined. The author contends that school desegregation and racial balancing play an important role in Massachusetts public schools and must withstand recent challenges. William G. Frey & Virginia Lynn Hogben, Vouchers, Tuition Tax Credits, and Scholarship-Donation tax Credits: A Constitutional and Practical Analysis, 31 Stetson L. Rev. 165 (2002). Recently, some courts have approved vouchers for private schools as long as the vouchers are distributed equally, without preference to religion. The authors of this note believe that because courts are setting precedents that private and public school students may recieve the same benefits through vouchers, private schools should no longer deserve more beneficial tax breaks than public schools. If the schools are to be treated equally in the eyes of the government, the authors assert, private schools should no longer succeed in the argument that they deserve higher tax breaks from the government.

Stephen E. Gottlieb, Brown v. Board of Education and the Application of American Tradition to Racial Division, 34 Suffolk U. L. Rev. 281 (2001). The author discusses the overarching American tradition of pluralism and integration and how Brown reflected this fundamental American ideology. Gary Richard Hattal and Cynthia Morrow Hattal, Battling School Violence with Mediation Technology, 2 Pepp. Disp. Resol. L.J. 357 (2002). An analysis of the causes and trends in the recent increase in school violence. Psychological and sociological factors and explanations are discussed. The authors suggest the use of mediation, including Technology Assisted Group Solutions (TAGS), as a new angle to solve these problems. Julie Jones, Money, Sex, and the Religious Right: A Constitutional Analysis of Federally Funded Abstinence-Only-Until-Marriage Sexuality Education, 35 Creighton L. Rev. 1075 (2002). This author contends that section 510 of the Social Security Act severely limits the availability of information regarding sexuality to the nation's youth to information that does not conflict with conservative Christian values. To this extent, the author concludes that the section is inconsistent with the Establishment Clause and thus impermissible.

Allen Lanstra, Jr., Does Judicial Selection Method Affect Volatility? A Comparative Study of Precedent Adherence in Elected State Supreme Courts and Appointed State Supreme Courts, 31 Sw. U. L. Rev. 305 (2002). The author of this article statistically analyzes state Supreme Court decisions to determine that there is little, if any, difference in the volatility of judges' decisions in appointed courts as compared to judges' decisions in elected courts.

Jennifer Mueller, Facing the Unhappy Day: Three Aspects of the High Stakes Testing Movement, 11-WTR Kan.

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