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The Schools And The Courts
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Book Synopsis The Schoolhouse Gate by : Justin Driver
Download or read book The Schoolhouse Gate written by Justin Driver and published by Vintage. This book was released on 2019-08-06 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Complex Justice written by Joshua M. Dunn and published by UNC Press Books. This book was released on 2012-09-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.
Book Synopsis Lessons in Censorship by : Catherine J. Ross
Download or read book Lessons in Censorship written by Catherine J. Ross and published by Harvard University Press. This book was released on 2015-10-19 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Courts and Education by : Clifford P. Hooker
Download or read book The Courts and Education written by Clifford P. Hooker and published by University of Chicago Press. This book was released on 1978-03 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Seventy-Seventh Yearbook of the National Society for the Study of Education, Part I
Book Synopsis The Courts, the Charter, and the Schools by : Michael Manley-Casimir
Download or read book The Courts, the Charter, and the Schools written by Michael Manley-Casimir and published by University of Toronto Press. This book was released on 2010-01-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Canadian Constitution Act in 1982, with its embedded Charter of Rights and Freedoms, ushered in an era of unprecedented judicial influence on Canada's public policy. 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. The contributors consider the influence that Charter cases have had on educational policies and practices by discussing cases involving fundamental freedoms, legal rights, equality rights, and minority language rights. Demonstrating why and how the Charter was invoked, interpreted, and applied in each of these cases, this volume also highlights the resulting consequences for Canada's public schools. An illuminating collection of essays by prominent legal scholars and educational commentators, The Courts, the Charter, and the Schools is a significant contribution to the study of educational law and policy in Canada.
Book Synopsis The Schools, the Courts, and the Public Interest by : John Charles Hogan
Download or read book The Schools, the Courts, and the Public Interest written by John Charles Hogan and published by Free Press. This book was released on 1985 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Federal Right to Education by : Kimberly Jenkins Robinson
Download or read book A Federal Right to Education written by Kimberly Jenkins Robinson and published by NYU Press. This book was released on 2023-06-13 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the United States can provide equal educational opportunity to every child The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. A Federal Right to Education provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.
Book Synopsis The Courts and the Schools by : Richard Dobbs Strahan
Download or read book The Courts and the Schools written by Richard Dobbs Strahan and published by . This book was released on 1973 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Achieving High Educational Standards for All by : Division of Behavioral and Social Sciences and Education
Download or read book Achieving High Educational Standards for All written by Division of Behavioral and Social Sciences and Education and published by . This book was released on 2002-04-15 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Council, with help from the US Department of Education, held the Millennium Convention in Washington, DC in September 2000. It gathered educators, researchers, and policy makers at the national, state, and local levels to assess success and failure in educating minority and disadvantaged students since the Brown vs, Board of Education decision nearly a half century before, report on research into the causes of the successes and failures, and review strategies and practices that hold promise for continuing improvements. There is no index. Annotation copyrighted by Book News, Inc., Portland, OR
Book Synopsis Equity and Adequacy in Education Finance by : National Research Council
Download or read book Equity and Adequacy in Education Finance written by National Research Council and published by National Academies Press. This book was released on 1999-02-12 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Book Synopsis Justice and School Systems by : Barbara Flicker
Download or read book Justice and School Systems written by Barbara Flicker and published by Temple University Press. This book was released on 2011 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the effectiveness and deficiencies of judicial intervention into the problems of racial discrimination in education
Book Synopsis Brown v. Board of Education by : James T. Patterson
Download or read book Brown v. Board of Education written by James T. Patterson and published by Oxford University Press. This book was released on 2001-03-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Book Synopsis Tinker v. Des Moines: The Right to Protest in Schools by : Marcia Amidon Lusted
Download or read book Tinker v. Des Moines: The Right to Protest in Schools written by Marcia Amidon Lusted and published by ABDO. This book was released on 2012-08-01 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Schools for Misrule by : Walter Olson
Download or read book Schools for Misrule written by Walter Olson and published by Encounter Books. This book was released on 2011-03-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Schoolhouses, Courthouses, and Statehouses by : Eric A. Hanushek
Download or read book Schoolhouses, Courthouses, and Statehouses written by Eric A. Hanushek and published by Princeton University Press. This book was released on 2009-04-27 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Schools and Schooling, 1650-2000 by : James Kelly
Download or read book Schools and Schooling, 1650-2000 written by James Kelly and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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]
Book Synopsis Courts as Policymakers by : Anna Lukemeyer
Download or read book Courts as Policymakers written by Anna Lukemeyer and published by LFB Scholarly Publishing LLC. This book was released on 2003 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having trained in both law and social science, Lukemeyer (public administration, U. of Nevada-Las Vegas) decided that professionals in both fields could benefit from insights in the other about school finance reform. She explains the role of legal cases in reform and how they can be used for further research; and how judges, lawyers, and plaintiffs can use the insights developed in the social sciences. She looks at 25 years of cases ending in 1996. Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com).
