Author: Justin Driver Publisher: Vintage ISBN: 0525566961 Category : Law Languages : en Pages : 578
Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Catherine J. Ross Publisher: Harvard University Press ISBN: 0674915771 Category : Law Languages : en Pages : 489
Book Description
American public schools often censor controversial student speech that the Constitution protects. Lessons in Censorship brings clarity to a bewildering array of court rulings that define the speech rights of young citizens in the school setting. Catherine J. Ross examines disputes that have erupted in our schools and courts over the civil rights movement, war and peace, rights for LGBTs, abortion, immigration, evangelical proselytizing, and the Confederate flag. She argues that the failure of schools to respect civil liberties betrays their educational mission and threatens democracy. From the 1940s through the Warren years, the Supreme Court celebrated free expression and emphasized the role of schools in cultivating liberty. But the Burger, Rehnquist, and Roberts courts retreated from that vision, curtailing certain categories of student speech in the name of order and authority. Drawing on hundreds of lower court decisions, Ross shows how some judges either misunderstand the law or decline to rein in censorship that is clearly unconstitutional, and she powerfully demonstrates the continuing vitality of the Supreme Court’s initial affirmation of students’ expressive rights. Placing these battles in their social and historical context, Ross introduces us to the young protesters, journalists, and artists at the center of these stories. Lessons in Censorship highlights the troubling and growing tendency of schools to clamp down on off-campus speech such as texting and sexting and reveals how well-intentioned measures to counter verbal bullying and hate speech may impinge on free speech. Throughout, Ross proposes ways to protect free expression without disrupting education.
Author: National Research Council Publisher: National Academies Press ISBN: 0309170184 Category : Education Languages : en Pages : 300
Book Description
This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues.
Author: Michael E. Manley-Casimir Publisher: ISBN: 9780802094407 Category : Education Languages : en Pages : 388
Book Description
The Courts, the Charter, and the Schools examines how the Constitution Act has affected educational policy during the first twenty-five years of the Charter by analyzing landmark rulings handed down from appellate courts and the Supreme Court.
Author: James T. Patterson Publisher: Oxford University Press ISBN: 0199880840 Category : History Languages : en Pages : 318
Book Description
2004 marks the fiftieth anniversary of the Supreme Court's unanimous decision to end segregation in public schools. Many people were elated when Supreme Court Chief Justice Earl Warren delivered Brown v. Board of Education of Topeka in May 1954, the ruling that struck down state-sponsored racial segregation in America's public schools. Thurgood Marshall, chief attorney for the black families that launched the litigation, exclaimed later, "I was so happy, I was numb." The novelist Ralph Ellison wrote, "another battle of the Civil War has been won. The rest is up to us and I'm very glad. What a wonderful world of possibilities are unfolded for the children!" Here, in a concise, moving narrative, Bancroft Prize-winning historian James T. Patterson takes readers through the dramatic case and its fifty-year aftermath. A wide range of characters animates the story, from the little-known African Americans who dared to challenge Jim Crow with lawsuits (at great personal cost); to Thurgood Marshall, who later became a Justice himself; to Earl Warren, who shepherded a fractured Court to a unanimous decision. Others include segregationist politicians like Governor Orval Faubus of Arkansas; Presidents Eisenhower, Johnson, and Nixon; and controversial Supreme Court justices such as William Rehnquist and Clarence Thomas. Most Americans still see Brown as a triumph--but was it? Patterson shrewdly explores the provocative questions that still swirl around the case. Could the Court--or President Eisenhower--have done more to ensure compliance with Brown? Did the decision touch off the modern civil rights movement? How useful are court-ordered busing and affirmative action against racial segregation? To what extent has racial mixing affected the academic achievement of black children? Where indeed do we go from here to realize the expectations of Marshall, Ellison, and others in 1954?
Author: Eric A. Hanushek Publisher: Princeton University Press ISBN: 1400830257 Category : Education Languages : en Pages : 432
Book Description
Improving public schools through performance-based funding Spurred by court rulings requiring states to increase public-school funding, the United States now spends more per student on K-12 education than almost any other country. Yet American students still achieve less than their foreign counterparts, their performance has been flat for decades, millions of them are failing, and poor and minority students remain far behind their more advantaged peers. In this book, Eric Hanushek and Alfred Lindseth trace the history of reform efforts and conclude that the principal focus of both courts and legislatures on ever-increasing funding has done little to improve student achievement. Instead, Hanushek and Lindseth propose a new approach: a performance-based system that directly links funding to success in raising student achievement. This system would empower and motivate educators to make better, more cost-effective decisions about how to run their schools, ultimately leading to improved student performance. Hanushek and Lindseth have been important participants in the school funding debate for three decades. Here, they draw on their experience, as well as the best available research and data, to show why improving schools will require overhauling the way financing, incentives, and accountability work in public education.
Author: Walter Olson Publisher: Encounter Books ISBN: 1594035342 Category : Law Languages : en Pages : 294
Book Description
From Barack Obama (Harvard and Chicago) to Bill and Hillary Clinton (Yale), many of our current national leaders emerged from the rarefied air of the nation's top law schools. The ideas taught there in one generation often shape national policy in the next. The trouble is, Walter Olson reveals in Schools for Misrule, our elite law schools keep churning out ideas that are catastrophically bad for America. From class action lawsuits that promote the right to sue anyone over anything, to court orders mandating the mass release of prison inmates; from the movement for slavery reparations, to court takeovers of school funding—all of these appalling ideas were hatched in legal academia. And the worst is yet to come. A fast-rising movement in law schools demands that sovereignty over U.S. legal disputes be handed over to international law and transnational courts. It is not by coincidence, Olson argues, that these bad ideas all tend to confer more power on the law schools' own graduates. In the overlawyered society that results, they are the ones who become the real rulers.
Author: Marcia Amidon Lusted Publisher: ABDO ISBN: 161478969X Category : Juvenile Nonfiction Languages : en Pages : 162
Book Description
Each year, more than 7,000 cases are appealed to the US Supreme Court. But only 100 to 150 are accepted. The decisions the Supreme Court makes change the course of US history and shape the country we live in. This title introduces readers to Tinker v. Des Moines, a landmark case that clarified American students' freedom of speech and right to protest in schools. Chapters investigate the court's ruling, including its compelling backstory and appeals process, the political climate at the time due to the Vietnam War and racial protests, and the aftermath of this important decision. Key players are profiled, including students John Tinker, Mary Beth Tinker, and Christopher Eckhardt, and attorneys Allan Herrick, Craig Sawyer, Val Schoenthal, and Dan Johnston. Sidebars highlight key Constitutional amendments and other relevant issues that further readers' understanding of the case's significance. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.
Author: James Kelly Publisher: ISBN: 9781846826283 Category : Education, Secondary Languages : en Pages : 0
Book Description
Focusing on the history of education in Ireland and Europe from the seventeenth century to the present, and written by scholars from a number of disciplines, this collection pursues new areas of inquiry and offers new perspectives on familiar topics. These include an investigation of the emergence of educational print prior to the establishment of the national-school system; the national-school system and the Irish language; the educational formation of the revolutionary generation; the impact of the introduction in Ireland of 'free' second-level education in the 1960s; elite transnational education in the nineteenth century; school architecture; and the experiences of second-level education in the twentieth century as revealed through the life histories of pupils. This volume also includes an extended introduction that locates the historiography of the history of education in Ireland in its international context. These are the proceedings of the eighth Seamus Heaney lectures series, delivered at St Patrick's College, DCU, in 2015. Contents include: James Kelly and Susan Hegarty (DCU), Introduction: writing the history of Irish education; James Kelly (DCU), Educational print and the emergence of mass education in Ireland, c.1650- c.1830; Nicholas Wolf (NYU), The national-school system and the Irish language in the nineteenth century; Ciaran O'Neill (TCD), Education, cosmopolitan cultural capital and European elites in the nineteenth century; David Fitzpatrick (TCD), Knowledge, belief and the Irish revolution: the impact of schooling; Catherine Burke (Cambridge U), Poetry, materialities and montage: towards new histories of twentieth-century school architecture; Judith Harford (UCD) and Tom O'Donoghue (U of Western Australia), Exploring the experience of secondary-school education in Ireland prior to the introduction of 'free' second-level education in 1967; and Audrey Bryan (DCU), (In)equality of opportunity and educational reform in Ireland in the 1960s. [Subject: History of Education, Irish Studies, Pedagogy, Archives & Records]
Author: Justin Driver
Author: Catherine J. Ross
Author: National Research Council
Author: Michael E. Manley-Casimir
Author: James T. Patterson
Author: Eric A. Hanushek
Author: Walter Olson
Author: Marcia Amidon Lusted
Author: James Kelly
Author: Kevin Grant Welner