Academic journal article Journal of Law and Education


Academic journal article Journal of Law and Education


Article excerpt


Anne Richardson Oakes, From Pedagogical Sociology to Constitutional Adjudication: The Meaning of Desegregation in Social Science Research and Law, 14 Mich. J. Race & L. 61 (2008). This Article explores differing perspectives of desegregation between the fields of law and social science. It argues that social scientists see desegregation in terms of social change requiring integration but lawyers see it as a remedy shaped by the nature of the litigation. The author concludes by recommending a perspective based upon the convergence of law, social science, jurisprudence, and affirmative action.

Victoria J. Dodd, The 2007 Roberts Court Education Law Cases: Reaffirmation or Cut-Back of Student Rights, 42 Suffolk U. L. Rev. 61 (2008). The author discusses both the Morse v. Frederick and Parents Involved in Community Schools v. Seattle School District No. 1 decisions, concluding that both were narrowly decided and marked a shift in the constitutional law governing student speech and school desegregation. The author also discussed recent court decisions that relied on these two cases. The author concludes with a discussion treatment of the issue in both the Rehnquist and Roberts Courts.

Rosalie B. Levinson, Misinterpreting "Sounds of Silence": Why Courts Should not "Imply" Congressional Preclusion of §1983 Constitutional Claims, 11 Fordham L. Rev. 775 (2008). The author discusses the text of 42 U.S.C. §1983 within the context of Title IX of the 1972 Education Amendments prohibiting sex discrimination in schools. The author explains that application of the "implied" foreclosure doctrine is used to preclude a remedy under §1983. The Supreme Court is about to review this issue and the author makes the argument for rejecting the "implied" congressional foreclosure of §1983 claims.

Neal H. Hutchens, Silence at the Schoolhouse Gate: The Diminishing First Amendment Rights of Public School Employees, 97 Ky. L.J. 37 (2008/2009). This article discusses the free speech rights of public school teachers and administrators following Garcetti v. Ceballos. Although the Court in that case held a public employee's speech is not protected by the 1st Amendment if made pursuant to the employee's official duties, the uncertain gray areas remain. The author concludes by recommending that lower courts recognize more speech protection in these unsettled areas, and suggests school districts consider granting freedom of communication even where the Supreme Court has not required it.

Adrian Liu, Affirmative Action & Negative Action: How Jian Li's Case Can Benefit Asian Americans, 13 Mich. J. Race & L. 391 (2008). This article discusses the Jian Li lawsuit and how it fits within either affirmative action or negative action. It explores the argument against affirmative action, the inadequacy of the traditional definition of merit, and the use of affirmative action to create true diversity. Finally, it examines negative action, which occurs when Asian-American students have a decreased chance of school admission compared to white students. The author concludes by discussing the advantages of challenging negative action, as opposed to affirmative action, arguing that challenging negative action would address discrimination at its root and stymie perpetuation of the "model minority" myth.

Paul D. Carrington, Freedom to Err: The Idea of Natural Selection in Politics, Schools, and Courts, 17 Wm. & Mary Bill Rights J. 1 (2008). This article discusses the historical development of school curricula, federal court enforcement of the Establishment Clause in the context of the biological science curriculum at primary and secondary school, and three cases where a school's biological science curriculum was amended to accommodate concerns over Establishment Clause violation. The author concludes that local entities or state courts, rather than federal courts, should decide these issues.

Maria Pabon Lopez and Diomedes J. …

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