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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: 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: Helen F. Ladd Publisher: Routledge ISBN: 1135041067 Category : Education Languages : en Pages : 693
Book Description
Sponsored by the Association for Education Finance and Policy (AEFP), the second edition of this groundbreaking handbook assembles in one place the existing research-based knowledge in education finance and policy, with particular attention to elementary and secondary education. Chapters from the first edition have been fully updated and revised to reflect current developments, new policies, and recent research. With new chapters on teacher evaluation, alternatives to traditional public schooling, and cost-benefit analysis, this volume provides a readily available current resource for anyone involved in education finance and policy. The Handbook of Research in Education Finance and Policy traces the evolution of the field from its initial focus on school inputs and revenue sources used to finance these inputs, to a focus on educational outcomes and the larger policies used to achieve them. Chapters show how decision making in school finance inevitably interacts with decisions about governance, accountability, equity, privatization, and other areas of education policy. Because a full understanding of important contemporary issues requires inputs from a variety of perspectives, the Handbook draws on contributors from a number of disciplines. Although many of the chapters cover complex, state-of-the-art empirical research, the authors explain key concepts in language that non-specialists can understand. This comprehensive, balanced, and accessible resource provides a wealth of factual information, data, and wisdom to help educators improve the quality of education in the United States.
Author: Michael A. Olivas Publisher: ISBN: Category : Law Languages : en Pages : 408
Book Description
This book provides an understanding of a dozen leading education-related cases, focusing on how the litigation was shaped by lawyers, judges, and social factors, and why the cases have attained landmark status. In this book, a group of prominent education and constitutional law scholars have brought to life 12 of the most interesting cases ever litigated, a number of which are taught in basic law school courses. Both cases in higher education settings and school law are included. Cases have been selected to provide a historical sampling of different times and important issues, including religion, finance, race gender, and disabilities.
Author: Michael A. Olivas Publisher: JHU Press ISBN: 1421409240 Category : Education Languages : en Pages : 309
Book Description
This careful reading of six legal cases in American higher education is an essential primer for understanding contemporary litigation. Winner of the Steven S. Goldberg Award for Distinguished Scholarship in Education Law of the Education Law Association Although much has been written about U.S. Supreme Court decisions involving higher education, little has been said about the foundational case law and litigation patterns emerging from the lower courts. As universities become increasingly legislated, regulated, and litigious, campuses have become testing grounds for a host of constitutional challenges. From faculty and student free speech to race- or religion-based admissions policies, Suing Alma Mater describes the key issues at play in higher education law. Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations,” like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.
Author: Jim Walsh Publisher: University of Texas Press ISBN: 0292760841 Category : Law Languages : en Pages : 502
Book Description
Much has changed in the area of school law since the first edition of The Educator's Guide was published in 1986. Successive editions grew incrementally longer to keep abreast of legal developments. In this new eighth edition, the authors have streamlined the discussion by pruning older material and weaving in new developments. The result is an authoritative source on all major dimensions of Texas school law that is both well integrated and easy to read. Intended for Texas school personnel, school board members, interested attorneys, and taxpayers, the eighth edition explains what the law is and what the implications are for effective school operations. It is designed to help professional educators avoid expensive and time consuming lawsuits by taking effective preventive action. It is an especially valuable resource for school law courses and staff development sessions. The eighth edition begins with a review of the legal structure of the Texas school system. As Chapter 1 notes, education law is a complex interweaving of state and federal constitutional, statutory, administrative, and judicial law. It is important to understand the nature of the system before reading other sections. Successive chapters address attendance and the instructional program, the education of children with special needs, employment and personnel, expression and associational rights, the role of religion in public schools, student discipline, open meetings and records, privacy, search and seizure, and legal liability under both federal and Texas law. In addition to state law, the book addresses the role of the federal government in school operation through such major federal legislation as the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and the Family Educational Rights and Privacy Act. Statute and case references are kept as simple as possible, and a complete index of case citations is included for those readers who wish to consult the cases themselves. The appendices describe how case law is reported and where to find it, along with a glossary of legal terms and a listing of other sources on Texas school law.
Author: National Research Council Publisher: National Academies Press ISBN: 0309173957 Category : Education Languages : en Pages : 328
Book Description
Spending on K-12 education across the United States and across local school districts has long been characterized by great disparitiesâ€"disparities that reflect differences in property wealth and tax rates. For more than a quarter-century, reformers have attempted to reduce these differences through court challenges and legislative action. As part of a broad study of education finance, the committee commissioned eight papers examining the history and consequences of school finance reform undertaken in the name of equity and adequacy. This thought-provoking, timely collection of papers explores such topics as: What do the terms "equity" and "adequacy" in school finance really mean? How are these terms relevant to the politics and litigation of school finance reform? What is the impact of court-ordered school finance reform on spending disparities? How do school districts use money from finance reform? What policy options are available to states facing new challenges from court decisions mandating adequacy in school finance? When measuring adequacy, how do you consider differences in student needs and regional costs?
Author: Daphne A. Kenyon Publisher: Lincoln Inst of Land Policy ISBN: 9781558441682 Category : Business & Economics Languages : en Pages : 63
Book Description
States experiencing taxpayer revolts among homeowners are tempted to reduce reliance on the property tax to fund schools. But a more targeted approach can provide property tax relief and improve state funding for public education. This policy focus report includes a comprehensive review of recent research on both property tax and school funding, and summarizes case studies of seven states-- California, Massachusetts, Michigan, New Hampshire, New Jersey, Ohio and Texas. The majority of these states are heavily reliant on property tax revenues to fund schools. While there is no one-size-fits-all solution, the report recommends addressing property taxes and school funding separately.
Author: Anthony Rolle Publisher: Taylor & Francis ISBN: 1135481814 Category : Education Languages : en Pages : 104
Book Description
Education finance researchers tend to organize their thoughts on important issues by considering one of the four foundational perspectives: equity, efficiency, liberty, and adequacy. The six essays presented in this special edition of the Peabody Journal of Education base their work within the context of the four pillars and present new directions for future research. While some of the articles isolate a concept for closer scrutiny, others draw attention to more interactive aspects of the pillars in question. Each article leaves the reader with important information and insightful questions about both the usuage and efficacy of education finance policies.
Author: John C. Domino Publisher: Rowman & Littlefield ISBN: 1498578594 Category : Law Languages : en Pages : 285
Book Description
John C. Domino examines Texas Supreme Court Justice Bob Gammage’s progressive jurisprudence during the most tumultuous period in Texas judicial history. This era witnessed numerous seismic shifts, including the manner in which judicial campaigns were conducted, the rise of million dollar judicial races, a dramatic change in the partisan and ideological composition of the Texas Supreme Court, the Court of Criminal Appeals, and most of the fourteen intermediate appellate courts, as well as the birth of the judicial reform movement in Texas. Gammage, who served as a court of appeals judge and as a state supreme court justice, forged a solid liberal record arguing for robust individual rights, including the right to privacy, freedom of expression, due process, and equal protection, whether those rights were implied in the Texas constitution, rooted in an evolving common law, or set out in state and federal judicial precedent.
Author: Justin Driver
Author: Justin Driver
Author: Helen F. Ladd
Author: Michael A. Olivas
Author: 
Author: Michael A. Olivas
Author: Jim Walsh
Author: National Research Council
Author: Daphne A. Kenyon
Author: Anthony Rolle
Author: John C. Domino