Journal of Law and Education

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

Articles from Vol. 37, No. 1, January

A Case of Irony
Brandt v. Board of Education of the City of Chicago1 decided by the Seventh Circuit Court of Appeals in 2007 is not just another case about middle school students' insistence that the U.S. Constitution protects their right to wear their choice of t-shirt....
Chalk Talk-Religion in the Valedictory
I. INTRODUCTIONEvery year at graduation time, school administrators struggle to balance the Establishment Clause with their students' freedom of speech. This struggle centers on students' religious speech before the captive authence of the graduating...
Law Review Digests-Primary and Secondary Education
ArticlesJohnny Rex Buckles, The Constitutionality of the Monkey Wrench: Exploring the case for Intelligent Design, 59 Okla. L. Rev. 527 (2006). This article argues that teaching intelligent design in public school science classrooms may be constitutionally...
Law Review Digests-Universities and Other Institutions of Higher Learning
ArticlesMelissa Hart, Disparate Impact Discrimination: The Limits of Litigation, the Possibilities for Internal Compliance, 33 J.C. & U.L. 547 (2007). This essay examines the limits of litigation under the disparate impact discrimination theory,...
Recent Decisions - Primary & Secondary Education
Primary and Secondary EducationTortsStudent's parents sued board of education for injuries student received when attacked by stranger on school property. A psychologically disturbed individual, on school property without permission, attacked and injured...
Recent Decisions - Supreme Court Decisions
Review DeniedDecisions without published opinions in the lower court:DOCKET NO.: 06-1512NAME: Minnifield v. Louisiana Department of EducationDATE: Oct. 1st, 2007CITATION: cert, denied, 128 S.Ct. 355 (2007)DOCKET NO.: 06-1673NAME: Green v. San Diego Unified...
Recent Decisions - Universities & Other Institutions of Higher Learning
TortsFather of deceased student sued another student alleging liability for son's drunk driving and death. After drinking in a dorm room with another student, a student drove drunk and died as a result of a crash. Held: For the student. The student did...
School Vouchers and the Problem of the Recalcitrant Constitutional Text
It is hard being a constitutional textualist. On one hand, the theorist who argues in favor of absolute fidelity to the literal meaning of the constitutional text is fighting a losing battle against the long AngloAmerican tradition of common-law adjudication....
Understanding Plyler's Legacy: Voices from Border Schools
I. INTRODUCTIONThe twenty-fifth anniversary of the Supreme Court's decision in Plyler v. Doe1 passed with little fanfare. The case, in which the Court held that the state could not deny undocumented immigrant children a free primary and secondary public...
Uniform Meaning?: The "Choice" Is Yours
In the Fall 2006 issue of the Journal,1 federal court clerk Jamie Dycus criticized one key feature of the Florida Supreme Court's decision in Bush v. Holmes.2 In this case, the state's highest court ruled that Florida's voucher-based3 Opportunity Scholarship...
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