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Author: Justin Driver
Publisher: Pantheon
ISBN: 1101871660
Category : Law
Languages : en
Pages : 578
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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: Pantheon
ISBN: 1101871660
Category : Law
Languages : en
Pages : 578
Get Book Here
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: Catherine J. Ross
Publisher: Harvard University Press
ISBN: 0674915771
Category : Law
Languages : en
Pages : 489
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Book Description
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.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309170184
Category : Education
Languages : en
Pages : 300
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Book Description
This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues.
Author: James T. Patterson
Publisher: Oxford University Press
ISBN: 0199880840
Category : History
Languages : en
Pages : 318
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Book Description
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?
Author: Michael E. Manley-Casimir
Publisher:
ISBN: 9780802094407
Category : Education
Languages : en
Pages : 388
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Book Description
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.
Author: Eric A. Hanushek
Publisher: Princeton University Press
ISBN: 1400830257
Category : Education
Languages : en
Pages : 432
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Book Description
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.
Author: Kimberly Jenkins Robinson
Publisher: NYU Press
ISBN: 1479825891
Category : Law
Languages : en
Pages : 390
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Book Description
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.
Author: James Kelly
Publisher:
ISBN: 9781846826283
Category : Education, Secondary
Languages : en
Pages : 0
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Book Description
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]
Author: Robert Kim
Publisher: Heinemann Educational Books
ISBN: 9780325092140
Category : Education
Languages : en
Pages : 160
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Book Description
"The author describes ten interesting U.S. Supreme Court cases every K-12 teacher should know about because they delve into some of the most important topics educators face every day. These legal issues swirl constantly around million of teachers, administrators, and school personnel. Learn how they can help you address the needs of students"--
Author: Kern Alexander
Publisher: Cengage Learning
ISBN: 9780495910497
Category : Business & Economics
Languages : en
Pages : 1184
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Book Description
Alexander and Alexander’s best-selling AMERICAN PUBLIC SCHOOL LAW sets the standard for books in educational law, an increasingly vital area of expertise for today’s school and district administrators. Now in its Eighth Edition, this combined textbook/casebook provides an authoritative and comprehensive view of the law that governs the public school system of the United States, including common law, statutes, and constitutional laws as they affect students, teachers, and administrators. Featuring civil and criminal cases selected from hundreds of jurisdictions and newly updated to reflect the latest legal trends and precedents, the book reviews key laws and relevant court decisions. The case method offers ample opportunity for discussions aimed at discovering and exposing the underlying rules and reasoning, and the text actively encourages readers to relate factual situations to the law while anticipating similar experiences they may have as practicing teachers and administrators. Written in an engaging and accessible style, AMERICAN PUBLIC SCHOOL LAW, Eighth Edition, explains even complex points of law clearly and effectively for non-lawyers, and the authors maintain a diligent focus on the unique needs of professional educators preparing for successful careers in administration. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
