Law Review Digests

Journal of Law and Education, April 2002 | Go to article overview

Law Review Digests


ARTICLES, NOTES, AND COMMENTARY

Primary and Secondary Education

Articles

James A.Gross, A Human Rights Perspective On U.S. Education: Only Some Children Matter, 50 CATH. U.L. REV. 919 (2001). Education is a human right that should be reflected by educational policy in the United States. The Supreme Court's holding in San Antonio Indep. Sch. Dist. v. Rodriguez, that education is not a constitutionally-mandated fundamental right, is challenged. The inequity between children who live in school districts where only a basic education is required and those living in a district where the goal is excellence is examined.

Daniel J. Losen and Kevin G. Welner, Disabling Discrimination in Our Public Schools: Comprehensive Legal Challenges to Inappropriate and Inadequate Special Education Services for Minority Children, 36 HARV. C.R.-C.L. REv. 407 (2001). One of the major problems in U.S. public schools' special education system is the overrepresentation of minority students labeled as mentally retarded. While done in good faith, many states looking for a quick solution to the growing problem of effectively dealing with special education needs are too eager to assign minority students to special education programs. As a solution, the authors here suggest more federal intervention with state-level education boards, both in the quality of their programs as well as the recording and analyzing of demographic data.

Markesinis, Basil and Adrian R. Stewart. Tortious Liability for Negligent Misdiagnosis of Learning Disabilities: A Comparative Study of English and American Law, 36 TEx. INT'L L.J. 427 (2001). Early in American history, the courts would discuss how English case law affected their decisions. However, both systems, American and English, have failed to stay aware of how the other handles similar issues. This article, by focusing on the negligent misdiagnosis of learning disabilities in children, shows how each legal system could benefit by studying its sister system.

Michael Paris, Legal Mobilization and the Politics of reform: Lessons from school finance litigation in Kentucky, 26 LAw & Soc. INQuiRY 631 (2001). Groups seeking liberal reform in the United States through the judicial system face several obstacles. The focus of this article is the attempts at education reform in Kentucky through the court systems. The author feels that the success of these reforms is dependent upon the strategies of legal mobilization used by the groups attempting reform.

John Tehranian, A New Segregation? Race, Rice v. Cayetano, and the Constitutionality of Hawaiian-Only Education and the Kamehameha Schools, 23 U. HAWAI'I L. Rev. 109 (2000). The second wealthiest educational institution in the United States exists in Hawaii and is funded through a charitable trust, which requires that students of the school be of Hawaiian descent. This article examines the constitutionality of this policy in light of recent Supreme Court decisions, and the effect of federal support through benefits such as taxexempt status.

NOTES AND COMMENTS

Can Students Sue When Schools Don't Make The Grade? The Assessment of Student Learning and Educational Malpractice, 76 WASH. L. REV. 893 (2001). In 2008 students in Washington will be required to pass the tenth grade level Washington Assessment of Student Learning standardized test (WASL) before receiving a diploma. This Comment discusses whether students not passing the WASL will have a malpractice claim against their school districts. The Author advocates allowing compensatory damages to students from their school districts for remedial education.

If You Build it, They Will Come: Establishing Title IX Compliance in Interscholastic Sports as a Foundation for Achieving Gender Equity, 7 WM. & MARY J. WOMEN & L. 983 (2001). A shift in the emphasis of Title IX implementation at the interscholastic level, as opposed to the intercollegiate level, will establish a stronger base of female athletes and ultimately a more equal representation of women in sports across the board. …

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