Law Review Digests-PRIMARY AND SECONDARY EDUCATION
Linda S. Beres, Gangs, Schools and Stereotypes, 37 Loy. L.A. L. Rev. 935 (2004). This article discusses the perception of gangs in schools. The author argues that the growing problem of youth gangs in schools has been exaggerated. The author also suggests that classifications of youth as gang members have been biased against the poor and racial minorities. The author concludes that effective measures to reduce gang violence require accurate information regarding the scope and nature of gang problems in schools.
Dr. Robert L. Green, Krinock lecture series: May 13, 2004: Brown v. Board of Education, 21 Thomas M. Cooley L. Rev. 171 (2004). The lecture begins with a history of segregation in American public schools. The author then discusses the achievement and failures of United States Supreme Court case Brown v. Board of Education. The author argues that the hatred for American citizens that spawned the tragedy of September eleventh was created by disgust for the way whites treat blacks in America. If white Americans were taught to accept all races during grade schools then other countries would begin to view America with less hatred.
Bernard James and Joanne E.K. Larson, The Doctrine of Deference: Shifting Constitutional Presumptions and the Supreme Court's Restatement of Student Rights After Board of Education v. Earls, 56 S.C. L. Rev. 1 (2004). In a recent case, the Supreme Court upheld a school policy that required all students participating in interscholastic sports programs to submit to drug testing. The authors argue in favor of the decision and explain how it will fit in with existing laws and school policies.
William S. Koski, The Politics of Judicial Decision-Making in Educational Policy Reform Litigation, 55 Hastings L.J. 1077 (2004). This article discusses why some state supreme courts have overturned their states' educational finance systems. The author provides a comparative analysis of these cases and identifies factors that influence judicial decision-making in educational policy reform. The author concludes that the judicial decisions in these cases are affected by the policy preferences of state supreme court justices and the institutional constraints on judicial decisions regarding educational policy.
Troy Q. Riddell, The Impact of Legal Mobilization and Judicial Decisions: The case of Official Minority-Language Education Policy in Canada for Francophones Outside Quebec, 30 Law & Socy Rev. 583 (2004). This article considers the impact of judicial decisions on official minority-language education (OMLE) policies in the Canadian provinces outside Quebec. The author analyzes the Canadian supreme court's decision in Mahe v. Alberta, using "factor-oriented" and "dispute-centered" theories of judicial impact. The author concludes that an institutional model of judicial impact would include both factor-oriented and dispute-centered theories and allow the development of a more comparative model of judicial impact.
Susan P. Stuart, Fun with Dick and Jane and Lawrence: A Primer on Educational Privacy as Constitutional Liberty, 88 Marq. L. Rev. 563 (2004). This article addresses to what extent children should enjoy the right of privacy while at school. The author argues that schoolchildren have a constitutional right to privacy in school. The author then outlines to what extent schoolchildren should have privacy in classrooms and in their private information.
Notes and Comments
Free Speech in Public Schools: Has the Supreme Court Created a Haven for Viewpoint Discrimination in School-Sponsored Speech?, 20 Ga. St. U. L. Rev. 1061 (2004). This note discusses Supreme Court cases dealing with viewpoint neutrality as a requirement for restriction of free speech in public schools. …