Articles, notes and commentary

Journal of Law and Education, Jul 2003

ARTICLES, NOTES AND COMMENTARY

Articles

Gerard V. Bradley, An Unconstitutional Stereotype: Catholic Schools as "Pervasively Sectarian," 7 Tex. Rev. L. & Pol. 1 (2002). The Supreme Court has long held that it is impossible for a recognized Catholic school to receive any federal funding, even for secular education. This is because the schools are deemed "pervasively sectarian." The author argues this theory is an unconstitutional stereotype of Catholic belief and practice.

David L. Dagley and Carole A. Veir, Subverting the Academic Abstention Doctrine in Teacher Evaluation: How School Reform Legislation Defeats Itself, 2002 BYU Educ. & L.J. 123 (2002). Since 1983, schools have used improved methods to address the needs for productive teacher evaluations. For instance, many states have allowed legal action to prevent termination proceedings for problem teachers. Such states afford a remediation proceeding for remedial causes, such as incompetence. This allows the decision to terminate a teacher to become more than simply a school board decision. Instead, some legal rights are granted to teachers before termination.

Cindy Gallagher, Sticks and Stones Have Remedies at Law-It Is Name Calling That Hurts Kids: Can State Anti-Bullying Statutes Really Help Kids Who Are Victims of In-School Bullying?, 4 U.S.F. J.L. & Soc. Challenges 21 (Spring 2002). There has been an increase in lawsuits against schools, due to children being bullied, especially with issues involving sexual harassment or children who are physically injured. In regards to sexual harassment suits against teachers or peers, the schools must have some knowledge of the harassment before the child may bring a Title IX lawsuit. In cases where the teacher harasses a child, the child must also show he or she was denied educational benefits as a result of the harassment. In peer-to-peer harassment, the child must show that after the school knew of the harassment, it was deliberately indifferent.

Richard W. Garnett, The Right Questions about School Choice: Education, Religious Freedom, and the Common Good, 23 Cardozo L. Rev. 1281 (2002). The author argues for the constitutionality of the Ohio school-choice programs addressed by the Supreme Court in Zelman v. Simmons-Harris. It is possible to have voucher programs that do not violate the Establishment Clause. In addition to cost-effectiveness and improvement through competition, educational choice promotes dignity and the common good.

Michelle Goodwin, Sex, Theory, & Practice: Reconciling Davis v. Monroe & the Harms Caused by Children, 51 DePaul L. Rev. 805 (2002). In Davis v. Monroe County Board of Education, the Supreme Court brought sexual harassment claims between school children within the purview of Title IX. The author looks to that influential decision and questions the merits and drawbacks of judicial intervention, concluding that the courts are not the best venue to deal with this problem. The solution lies in increasing knowledge about sexual harassment among youths and instituting training for teachers and students based on that knowledge.

Todd Hagins, Mother Goose and Father God: Extending the Equal Access Act to Pre-High-School Students, 15 Regent U. L. Rev. 93 (2002-2003). Despite the increased access that student religious groups enjoy at universities and high schools, these groups are still strongly limited in the pre-high school environment. The author argues that the policy of limited access in pre-high school environments ignores other rights enjoyed by students and parents. Extension of the Equal Access Act to pre-high school students would protect these additional rights.

Diane Heckman, The Evolution of Drug Testing of Interscholastic Athletes, 9 Vill. Sports & Ent. L.J. 209 (2002). The author addresses the constitutionality of drug testing in schools. Using the Supreme Court decision in Vernonia School District 47J v. Acton as a focal point, the author provides an exhaustive look at how courts have dealt with the issue. The author concludes that the Supreme Court should put an end to the degradation of students' privacy rights prevalent in court decisions since Vernonia.

Jason S. Marks, Legally Blind? Reevaluating Law School Admissions at the Dawn of a New Century, 29 J.C. & U.L. 111 (2002). Legal education is not simply the practice of providing information, it is a moral and aesthetic enterprise. Therefore, the selection process should reflect a desire to accurately represent the diversity of society. As the Supreme Court observed in Sweatt v. Painter, "law school, the proving ground for legal learning and practice, cannot be effective in isolation from the individuals and institutions with which the law interacts."

Judith G. McCullen, Behind Closed Doors: Should States Regulate Home Schooling?, 54 S.C.L. Rev. 75 (2002). Educating children at home has become increasingly popular due to many children leaving public schools with minimal skills. The author believes that while regulation is necessary, it should be minimally intrusive and be used only to monitor home schooling by parents who may not be teaching the children.