Academic journal article Journal of Law and Education


Academic journal article Journal of Law and Education


Article excerpt


Susan L. DeJarnatt, School Choice and the (Ir)rational Parent, 15 Geo. J. Pov. L. & Policy 1 (2008). This article examines part of the theoretical underpinning of the No Child Left Behind Act (NCLB) and indicates how it is flawed. The author first demonstrates how NCLB presumes that parents are rational actors when choosing schools for their children. However, the author finds that NCLB oversimplifies the problem and fails to work as intended.

Kevin Brown, Reflections on Justice Kennedy's Opinion in Parent's Involved: Why Fifty Years of Experience Shows Kennedy is Right, 59 S.C. L. Rev. 735 (2008). This article contemplates Justice Kennedy's partial concurrence in Parents Involved. The author applauds Kennedy's efforts to indicate that all races benefit from integration. The author concludes with a note of recognition for Kennedy's awareness that there is only so much we can achieve as a people before the sensibilities of racial majorities force us to stop.

Susan P. Stuart, Citizen Teacher: Damned If You Do, Damned If You Don't, 76 U. Cin. L. Rev. 1281 (2008). This article considers the impact of the 2006 Supreme Court decision in Garcetti v. Ceballos which denied First Amendment protection to public employees when speaking in their official duties. Case reviews reveal that following this ruling, teachers and administrators are being discharged for truthful speech involving matters of fiscal management and student discipline. Reviewing the negative impact on employee morale and other factors, the author suggests a return to the Supreme Court's rule that a teacher's exercise of the right to speak on issues of public importance may not furnish the basis for dismissal from public employment. The author concludes that school boards, following this rule, could still retain a moderate grasp on employee behavior.

Sheila Hatami and David Zwerin, Educating the Masses: Expanding Title VII to Include Sexual Orientation in the Education Arena, 25 Hofstra Lab. & Emp. L.J. 311 (2007). This article examines the treatment of Title VII in the federal courts of appeals and shows how states enacting legislation banning sexual orientation discrimination in the workplace have avoided a confusing and unworkable thin line between gender stereotyping and sexual orientation discrimination. This article analyzes the inconsistencies between the founding and purpose of public schools, and concludes that Title VII has been improperly interpreted by the federal courts and needs to be expanded to include sexual orientation discrimination under the "because of sex" language.

Mitchell H. Rubinstein, Parents as Quasi-Therapists under the Individuals with Disabilities Education Act, 76 U. Cin. L. Rev. 899 (2008). The author notes that federal law requires school districts to guarantee all disabled children a free appropriate public education (FAPE). The author examines a parent's rights when a parent disagrees with the school district's assessment of what is appropriate. The author argues that parents acting as therapists would not expose school districts to liability, and concludes that parents trained to provide therapy for their children are entitled to reimbursement.

Martha Minow, After Brown: What Would Martin Luther King Say?, 12 Lewis & Clark L. Rev. 599 (2008). This article criticizes the Supreme Court's attempt to end desegregation. The author notes that Dr. King believed that integration would result in a community of people who perceive each other as valuable. The author argues that schools are more segregated today than thirty years ago and voluntary integration measures should be constitutional. The author concludes that the Court's decision will delay the achievement of Dr. King's ultimate goal of racial equality.

Katherine McKeon Curran, Mental Health Screening in Schools: An Analysis of Recent Legislative Developments and the Legal Implications for Parents, Children and the State, 11 Quinnipiac Health LJ. …

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