Law Review-PRIMARY & SECONDARY EDUCATION

Journal of Law and Education, Apr 2008

Articles

Edward J. Scholinsky, Blocking Access to the Information Superhighway: Regulating the Internet Out of Reach of Low-Income Americans, 38 Rutgers L. J. 321 (2006). This article discusses the recent legal classification of cable internet as an information service and the subsequent protection from common carrier regulations that this classification provides. It adds that this regulatory protection will keep the price of internet too high for much of the population and concludes that progressive municipalities should step up and provide high-speed internet for rich and poor alike.

Michael Heise, The 2006 Winthrop and Frances Lane Lecture: The Unintended Legal and Policy Consequences of the No Child Left Behind Act, 86 Neb. L. Rev. 119 (2007). This article discusses the unintended consequences of the No Child Left Behind Act. It explores two fronts: the legal consequences and the policy consequences. The increase in lawsuits demanding higher school spending is studied. The author also explores the policy change of schools lowering their student performance requirements, in order to avoid sanctions.

Stijepko Tokic, Examining the Big Picture Regarding the Importance of the No Child Left Behind Act: Is it Worth Giving a Chance?, 32 T. Marshall L. Rev. 311 (2007). This article studies the impact that the No Child Left Behind Act is having on children, equality and the economy. It traces the historical interests of both the Supreme Court and Congress. The article states that the Act is helping to provide equal education opportunities to minorities. The author states that this is needed to improve the economy and to continue to compete around the world and remain a world power.

"Conformed to This World": A Challenge to the Continued Justification of the Wisconsin v. Yoder Education Exception in a Changed Old Order Atnish Society. This article discusses the current legal relevance of the standard for compulsory education set forth in Wisconsin v. Yoder. The author concludes that, in the twenty-five years since the Yoder decision, Amish society has changed, as has the form of labor Amish youth perform in the place of state education. For this reason, the author believes the exception from compelled education provided to Amish children in Yoder no longer applies. Further, the author states that if Yoder were decided today, Amish youth would indeed be compelled to attend school, as they are of school age.

Todd A. DeMitchell and Vincent J. Connelly, Academic Freedom and the Public School Teacher: An Exploratory Study of Perceptions, Policy, and the Law, 2007 B.Y.U. Educ. & LJ. 83 (2007). This article explores the topic of academic freedom. It finds that the courts, policymakers, teachers, and commentators are conflicted and confused about how much academic freedom there is legally and how much there should be practically. The authors suggest that teachers, as the implementers of academic policy, must influence and understand the issue as the debate continues.

Joshua A. Douglas, When is a "Minor" Also an "Adult?": An Adolescent's Liberty Interest in Accessing Contraceptives From Public School Distribution Programs, 43 Williamette L. Review 545 (2007). The article addresses whether public school students, though minors, could receive contraceptives as part of a school distribution policy. It theorizes that such a program, if implemented correctly, could pass constitutional muster and outweigh the rights of students' parents.

Will Legislation to Encourage Premarital Education Strengthen Marriage and Reduce Divorce?, 9 J. L. & Fam. Stud. 79 (2007). This article discusses how governmental legislation structured to promote premarital education can strengthen marriages and reduce the divorce rate. The author uses scientific research to conclude that this legislation would be cost effective and serve successful social policy.

School Choice and States'Duty to Support "Public" Schools, 48 B.C. L. Rev. 909 (2007). This article argues that state-supported school choice can be consistent with the states' constitution education clauses. The clauses impose a duty upon states to educate all children consistently with substantive standards of quality and equity. The clauses also instruct states to create and maintain school systems that are "public or "common." The author discusses how these requirements limit the methods states may use to realize the education clauses' substantive mandates. The author explains why vouchers and charter schools, the two most prominent funded forms of state-funded school choice, are consistent with the requirements of publicness and commonness.

The IDEA and the Right to an "Appropriate" Education, B.Y.U. Educ. & LJ. 1 (2007). This article discusses how Congress' recent efforts to provide quality education for the disabled have been fundamentally flawed. Congressional Acts requiring states to provide "appropriate" education opportunities have been unclear about the standard for "appropriate." Without a clear definition of the term, there has been no uniformity within or across state lines in how it should be interpreted or the quality of education states are mandated to provide. The author explains why a clear definition for "appropriate" from an authoritative federal source is required to force the courts and states to apply a more consistent educational standard for disabled students that will lift education for disabled students to the level of the congressional mandates.