Law review digests

Journal of Law and Education, Jul 2002

ARTICLES, NOTES, AND COMMENTARY

Primary and Secondary Education Articles

Marina Angel, The Twenty-Fourth Annual Law Review Symposium: Sexual Harassment in the Workplace: Fifteen Years After Meritor Savings Bank: Symposium Article: The School Shooters: Surprise! Boys are Far more Violent than Girls and Gender Stereotypes Underlie School Violence, 27 OHIO N.U.L. REv. 485 (2001). This article takes the position that there is a significant correlation between sexual harassment and gender stereotyping with the school-- shooter cases. It additionally seeks to show that the school shooting cases are representative of the country's general crime statistics and studies.

Darryl C. Wilson, Home Field Disadvantage: The Negative Impact of Allowing Home-Schoolers to Participate in Mainstream Sports, 3 VA. J. SpoRTs & L. 1 (2001). This article examines the home-schoolers movement in general and specifically the issue of participation in mainstream athletics. It weighs the positive and negative effects of home-schoolers' participation in school sports and concludes that a national standard should exist to resolve the issue.

NOTES AND COMMENTS

Beyond Levittown Towards a Quality Education for All Children: Litigating High Minimum Standards for Public Education, The CFE Case, 51 SYRACUSE L. REV. 1015 (2001). The courts should recognize that New York's current method of school financing violates the New York Constitution by not providing adequate funding to poor neighborhoods, and deprives children of their constitutional right to a sound basic education.

Faith in Our Future, 23 WHITTIER L. REV. 183 (2001). This note examines the potential benefits to public school education if neutral and informed exposure to religious principles was incorporated into the curriculum.

The Education of All Children With Disabilities: Integrating Home-School Children into the Individuals With Disabilities Education Act. 62 OHIO ST. L.J. 1515 (2001). Perceiving a failure of the IDEA to recognize home-school students, the author suggests an amendment to the act, requiring federal funds to these students. Also discussed in: Finding the Way Back Home: Funding for Home School Children Under the Individuals With Disabilities Education Act, 101 COLUM. L. REV. 1709 (2001).

If A Public School Is Labeled "failing," Could More Really Be Less?, 77 NOTRE DAME L. REV. 293 (2001). The author proposes that even if the only choice for parents in using money from school vouchers is between a failing public school and a religious school, the independent and private choice requirement is still met.

The New Face of Creationism: The Establishment Clause and the Latest Efforts to Suppress Evolution in Public Schools. 54 VAND. L. REV. 2555 (2001). This note outlines the recent attempts of creationists to remove evolution from school curricula and the subsequent legal challenges which will likely arise from their efforts.

The New Michigan Locker Statute: A Further Erosion Of Students' Fourth Amendment Rights, 18 T.M. CooLEY L. REV. 233 (2001). Michigan statute allows school officials to inspect student lockers at any time.

Redefining Science to Accommodate Religious Beliefs: The Constitutionality of the 1999 Kansas Science Education Standards. 45 N.YL. ScH. L. REV. 297 (2001). Writing before its subsequent repeal, the author attacks the constitutionality of the controversial 1999 Kansas Education Standards (prohibiting the teaching of evolution in Kansas public schools), and outlines the efforts of creationists to define the teaching of evolution as a religion, and hence, a violation of the Establishment Clause.

Through A Glass Darkly: Educating With Zero Tolerance, 10 KAN. U. & PuB. Poi:y 369 (2001). This article proposes that zero tolerance policies define punishable offenses subjectively, and suggests that an alternative system of punishment is needed that includes the concepts of fairness and proportionality.

CASENOTES

Board of Regents of Univ. of Wis. Sys. v. Southworth, 529 U.S. (2001). Constitutional law-First Amendment: University Fees Can Speak For Students: The Constitutionality of a University's Right to Fund Student Speech Via a Mandated Activities Fee, 77 N.D. L. REv. 549 (2001). GI Forum v. Tex. Educ. Agency, 87 F. Supp. 2d 667 (W.D. Tex. 2000). A Critical Analysis and Proposal for Redressing Problems With the Standardized Testing in Texas, 33 ST. MARY's L.J. 143 (2001).

The Representation of Children With Disabilities in Connecticut Under the Individuals With Disabilities Education Act, 5 QUINNIPIAC HEALTH L.J. 85 (2001). This note considers whether individuals with claims under the IDEA receive adequate legal representation based on the lack of experience most attorneys have in this area.

Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290 (2000). Constitutional Law: Endorsing a New Test for Establishment Clause Cases, 53 FLA. L. REv. 995 (2001). Also discussed in 53 S.C. L. REv. 167 (2001). Student-led prayer.

SYMPOSIUM

School Violence, 23 LAw & PoL'y 269 (2001). Articles noted: Clifford R. O'Donnell, School Violence: Incidence, Legal Context, School Response, and Prevention; Michael Furlong, et al., Using Student Risk Factors in School Violence Surveillance Reports: Illustrative Examples For Enhanced Policy Formation, Implementation, and Evaluation; Richard E. Redding and Sarah M. Shalf, The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools; Reece L. Peterson, et al., School Violence Prevention: Current Status and Policy Recommendations; Pauline M. Pagliocca and Amanda B. Nickerson, Legislating School Crisis Response: Good Policy or Just Good Politics?; and Clifford R. O'Donnell, School Violence: Trends, Risk Factors, Prevention, and Recommendations.