Topic
Education Law
Posts
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ArticleVol. 94 · Iss. 6
Law, Religion, and the Purpose of the University
Americans are fond of unity talk: we see ourselves as “one nation, indivisible,” and in pursuit of “a more perfect union.” But much of…
John Inazu -
ArticleVol. 94 · Iss. 2
Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education
Recent data shows that two-thirds of states are funding education at lower levels than in 2008. Some states are 20% or more below levels…
Derek W. Black -
NoteVol. 95 · Iss. 6
Legal Defiance: Government-Sanctioned Graffiti Walls and the First Amendment
The caricature face of Maine Governor Paul LePage, wearing a Ku Klux Klan hood and surrounded by the words homophobe, moron, and racist greeted…
Kelly Oeltjenbruns -
ArticleVol. 95 · Iss. 6
Managing Dissent
In his insightful new book, Managed Speech: The Roberts Court’s First Amendment (2017), Professor Greg Magarian criticizes the Roberts Court for adopting a “managed…
Timothy Zick -
ArticleVol. 93 · Iss. 4
Students, Police, and the School-To-Prison Pipeline
Since the terrible shootings at Sandy Hook Elementary School in Newtown, Connecticut, lawmakers and school officials continue to deliberate over new laws and policies…
Jason P. Nance -
NoteVol. 92 · Iss. 4
Knowing an “Educational Institution” When You See One: Applying the Commerciality Approach to Tax Exemptions for Universities Under § 501(C)(3)
Throughout American history, colleges and universities have had a constant presence in the nation. Education has consequently played a paramount role in the growth…
Eric Rubin -
ArticleVol. 92 · Iss. 4
Disrupting Education Federalism
The ongoing expansion of federal influence over education in the United States provides a particularly salient time to consider how education federalism should be…
Kimberly Jenkins Robinson -
ArticleVol. 92 · Iss. 2
Zero Tolerance Policies: Criminalizing Childhood and Disenfranchising the Next Generation of Citizens
Columbine High School, Littleton, Colorado. Heath High School, West Paducah, Kentucky. Westside Middle School, Jonesboro, Arkansas. Zero tolerance policies were adopted in these schools…
S. David Mitchell -
ArticleVol. 92 · Iss. 1
Copyright and Inequality
The standard theory of copyright law imagines a marketplace efficiently serving up new works to an undifferentiated world of consumers. Yet the reality is…
Lea Shaver -
ArticleVol. 97 · Iss. 6
Freedom of Association: Campus Religious Groups
On August 15, 1789, the First Congress met to discuss the proposed Bill of Rights. On the agenda for the day was a draft…
Michael W. McConnell -
NoteVol. 91 · Iss. 6
The Constitutional Hall Pass: Rethinking the Gap in § 1983 Liability That Public Schools Have Enjoyed Since Deshaney
On six occasions during the 2007–2008 school year, Tommy Keyes picked up nine-year-old Jane Doe from her elementary school during school hours. On each…
Jeff Sanford -
ArticleVol. 97 · Iss. 4
How Do Judges Decide School Finance Cases?
There is an old riddle that asks, what do constitutional school funding lawsuits and birds have in common? The answer: every state has its…
Ethan Hutt, Daniel Klasik & Aaron Tang