Law Review Digests- ARTICLES, NOTES, AND COMMENTARY PRIMARY AND SECONDARY

Journal of Law and Education, April 2006 | Go to article overview

Law Review Digests- ARTICLES, NOTES, AND COMMENTARY PRIMARY AND SECONDARY


Articles

Matthew J. Brauer, Barbara Forrest & Steven G. Gey, Is It Science Yet?: Intelligent Design Creationism and thé Constitution, 83 Wash. U. L. Q. 1 (2005). This article explores the history of anti-evolution statutes and the methods by which the Court found them invalid under the Constitution. The authors examine the details of the Intelligent Design Theory using science, philosophy, and legal constructions to show that they do not believe the current generation of anti-evolution statutes will survive constitutional scrutiny.

Daniela Caruso, Bargaining and Distribution in Special Education, 14 Cornell J.L. & Pub. Policy 171 (2005). This article discusses problems in the current special education system available at most schools. While touching on a variety of subjects, the author focuses on the decreasing availability of resources due to both budget constraints and lack of parental involvement at some lower income schools.

Carl G. Cooper, Diversity: Denied, Deferred or Preferred, 107 W. Va. L. Rev. 685 (2005). This article reflects the author's opinions and thoughts on Brown v. Board of Education, and the connection that he sees between the case and diversity. The author comments on historical race relations and notes how those same concerns exist in the business and educational contexts today. The author concludes that increasing diversity in business will ultimately better the business world.

Robert A. Garda, Jr., The New Idea: Shifting Educational Paradigms to Achieve Racial Equality in Special Education, 56 Ala. L. Rev. 1071 (Summer 2005). In this article, the possibility that the Individuals with Disabilities Education Act [IDEA] is used as a tool for discrimination and segregation in the public school system is explored. The author presents evidence that African-American children are disproportionately identified as having disabilities in an effort to separate them from white students. The author suggests the solution for this problem lies in better quality teachers in both general and special education.

Joseph W. Goodman, Leandro v. State and the Constitutional Limitation on School Suspensions and Expulsions in North Carolina, 83 N.C. L. Rev. 1507 (September 2005). This article discusses zero tolerance policies in schools across the nation, specifically North Carolina. An increase in school violence over the last several years has triggered record numbers of suspensions and expulsions. The author explores the idea that zero tolerance policies are open to constitutional challenges and concludes that the policy will not survive strict scrutiny if a constitutional challenge is made.

Christopher Thomas Leahy & Michael A. Mugmon, Allocation of the Burden of Proof in Individuals with Disabilities Education Act Due Process Challenges, 29 Vt. L. Rev. 951 (2005). This article looks at the process of bringing a legal claim under the Individuals with Disabilities Education Act [IDEA]. IDEA mandates that schools involve parents in developing individual educational programs [IEP] for students with special needs. This author questions why the parent must prove the IEP is deficient to win a legal claim under IDEA. The author concludes that for the goal of IDEA to be accomplished, the parent should not have to prove their case. Rather, schools should have to prove whether an IEP is adequate.

Jay P. Lechner, Learning from Experience: Why Racial Diversity Cannot Be a Legally Compelling Interest in Elementary and secondary Education, 32 SW. U. L. Rev. 201 (2003). This article examines the rulings of the Supreme Court associated with racial discrimination in elementary and secondary schools. The author is able to find that the Supreme Court, especially under Justice Powell's test, would not hold that racial diversity could be a compelling interest for government action.

Nancy Levit, Embracing Segregation: The Jurisprudence of Choice and Diversity in Race and Sex Separatism in Schools, 2005 U. …

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