Commentary- PRIMARY & SECONDARY EDUCATION
Mark Strasser, Repudiating Everson: On Busses, Books, and Teaching Articles of Faith, 78 Miss. L.J. 567 (2009). This article deals with the limitations imposed on states seeking to give aid to parents who want to place their children in sectarian schools in the wake of Everson v. Board of Education. The author examines the development of Establishment Clause jurisprudence, setting forth the established guidelines for states looking to provide aid to parents of students in sectarian schools and highlighting specific areas of litigation on the issue. The author concludes that the law's development has made the Court's task increasingly complex and unclear, ultimately undermining the credibility of the Court in the process.
C.C. Swisher, Constitutional Abuse of Public School Students: An Argument for Overruling Ingraham v. Wright, 8 Whittier J. Child & Fam. Advoc. 3 (2009). This article examines public school corporal punishment. The author reviews the principle and explains that while teachers and school administrators are state actors, the Supreme Court has refrained from extending Eighth Amendment protection to students. The author discusses the various federal circuit approaches to the issue, analyzing both the cruel and unusual punishment component of the Eighth Amendment and the substantive due process component of the Fourteenth Amendment. He concludes by arguing that Ingraham v. Wright should be overturned in light of sociological and psychological research towards banning corporal punishment in many states.
Stanley H. Friedelbaum, Educational Issues and Judicial Oversight, 71 Alb. L. Rev. 1091 (2008). This article discusses the development of federal judicial oversight over state public school systems. The author begins by describing the underlying historical context of the traditional primacy of states in controlling public education. He then discusses the recent increases in litigation of cases involving issues of public funding for non-public institutions, the effects of the "public purpose" doctrine on such funding, and individual student civil liberties issues. Throughout, the author highlights how these cases have led to an increase injudicial oversight of public education.
Jennifer L. Greenblatt, Using the Equal Protection Clause Post-VMI to Keep Gender Stereotypes out of the Public School Dress Code Equation. 13 U. CaI. Davis J. Juv. L. & Policy 281 (2009). This article provides education professionals with a framework for permissible dress code policy implementation. The author first reviews the history of genderbased stereotyping in school dress codes. Then the author examines the effects of the equal protection rationale established in the U. S. v. Virginia case. Finally, she articulates how education professionals may run afoul of the Equal Protection Clause in implementing dress codes with genderbased components.
Julie Sacks and Robert S. Salem, Victims without Legal Remedies: Why Kids Need Schools to Develop Comprehensive Anti-Bullying Policies. 72 Alb. L. Rev. 147 (2009). This article argues for increased school-based protections against bullying. The authors suggest that the current legal environment and existing school policies provide inadequate protection to victims. Furthermore, the authors argue that case law has shown current punitive school policies are ineffective at changing school norms and that current policies do not effectively deter the perpetuation of violence. Accordingly, the authors conclude that schools should create policies that explicitly enumerate protected traits and characteristics that fall under school rules against bullying, implement diversity programs, and require direct intervention by all school personnel in bullying incidents.
Brent T. White, Ritual, Emotion, and Political Belief: The Search for the Constitutional Limit to Patriotic Education in Public Schools, 43 Ga. L. Rev. 447 (2009). …