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This book provides an understanding of a dozen leading education-related cases, focusing on how the litigation was shaped by lawyers, judges, and social factors, and why the cases have attained landmark status. In this book, a group of prominent education and constitutional law scholars have brought to life 12 of the most interesting cases ever litigated, a number of which are taught in basic law school courses. Both cases in higher education settings and school law are included. Cases have been selected to provide a historical sampling of different times and important issues, including religion, finance, race gender, and disabilities.
Challenging students to question the political and philosophical assumptions underlying the law, Education Law, Policy, and Practice promotes a depth of understanding about the key cases and statutes. The authors integrate the law with policy and practice, following related political, financial, and practical issues. The law is presented through a teachable mix of key cases and materials on the practice and political aspects of school law, and an effective macro organization helps place topics into an integrated framework. Each of the major issues in education law is discussed at length: the boundaries of public and private, church and state, relations; school governance and the tensions between federal power and local control; the rights and responsibilities of students and teachers; and the educational environment and its liabilities. “Practicums” in each section allow students to apply the law to realistic situations. Features: New cases: Endrew F. v. Douglas County School District; Fisher v. the University of Texas. A complete description and analysis of the brand new Every Student Succeeds Act of 2015. A series of key questions and answers that follow each major section, and are designed to provide formative and summative assessments of student learning outcomes.
It also discusses the implications of the law for educational policy and practice."--Jacket.
Education Policy and the Law: Cases and Commentary provides a comprehensive case and problem-based approach to studying the cases, statutes, and developments that shape education law and policy. The Second Edition brings up-to-date the major themes of education law - the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution with a particular focus on the Equal Protection and Due Process guarantees of the Fourteenth Amendment. It highlights reforms in education law that forcefully shape education policy today - school choice, homeschooling, special needs education, educational malpractice, school safety law, school police, and restorative justice school discipline reform. The Second Edition has three distinguishing characteristics: Cases and Statutes. The book is organized to provide an overview of the major cases from both federal courts and state courts as well as instructive federal and state legislation. Commentary and Narratives. The Second Edition contains a compelling compendium of notes, comments, and stories about how the legal system and policymakers are responding to legal duties and policy constraints. Hypothetical Policy Problems. Drawing on the success of the problem-based sections used in the First Edition textbook, the Second Edition contains problems designed to help learners apply legal principles to policy fact patterns.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual
This casebook challenges students to question the political and philosophical assumptions underlying education law, and promotes a depth of understanding about the key cases and statutes. Challenging students to question the political and philosophical assumptions underlying the law, Education Law, Policy, and Practice promotes a depth of understanding about the key cases and statutes. The authors integrate the law with policy and practice, following related political, financial, and practical issues. The law is presented through a teachable mix of key cases and materials on the practice and political aspects of school law, and an effective macro-organization helps place topics into an integrated framework. Each of the major issues in education law is discussed at length:the boundaries of public and private, church and state, relations; school governance and the tensions between federal power and local control; the rights and responsibilities of students and teachers; and the educational environment and its liabilities. “Practicums” in each section allow students to apply the law to realistic situations. New to the Fifth Edition: Key new Supreme Court case law and corresponding notes, questions, and practical exercises regarding: Free exercise of religion in school and in school finance First Amendment rights of students to freedom of expression over social media (e.g. Mahanoy Area School District v. B.L.) Exploration of the myriad structures within education law, policy, and pedagogy that generate and sustain racism, racial subjugation, and racial segregationU Updated data regarding racial segregation in schools, and racial disparities in funding and discipline Updated Executive Orders and Department of Education guidance regarding sexual harassment, sexual violence, and transgender rights Fresh practical exercises based on real scenarios in school districts Compact length—by realigning coverage to the most salient contemporary issues in law and policy
This encyclopedia is a covers the essential and core areas of the subject including cases, governance, technology and biography.
An invaluable and fascinating resource, this carefully edited anthology presents recent writings by leading legal historians, many commissioned for this book, along with a wealth of related primary sources by John Adams, James Barr Ames, Thomas Jefferson, Christopher C. Langdell, Karl N. Llewellyn, Roscoe Pound, Tapping Reeve, Theodore Roosevelt, Joseph Story, John Henry Wigmore and other distinguished contributors to American law. It is divided into nine sections: Teaching Books and Methods in the Lecture Hall, Examinations and Evaluations, Skills Courses, Students, Faculty, Scholarship, Deans and Administration, Accreditation and Association, and Technology and the Future. Contributors to this volume include Morris Cohen, Daniel R. Coquillette, Michael Hoeflich, John H. Langbein, William P. LaPiana and Fred R. Shapiro. Steve Sheppard is the William Enfield Professor of Law, University of Arkansas School of Law.
Chicana/o history has reached an intriguing juncture. While academic and intellectual studies are embracing new, highly nuanced perspectives on race, class, gender, education, identity, and community, the field itself continues to be viewed as a battleground, subject to attacks from outside academia by those who claim that the discipline promotes racial hatred and anti-Americanism. Against a backdrop of deportations and voter suppression targeting Latinos, A Promising Problem presents the optimistic voices of scholars who call for sophisticated solutions while embracing transnationalism and the reality of multiple, overlapping identities. Showcasing a variety of new directions, this anthology spans topics such as growth and reassessment in Chicana/o history manifested in a disruption of nationalism and geographic essentialism, the impact of legal history, interracial relations and the experiences of Latino subpopulations in the US South, race and the politics of religious history, transborder feminism in the early twentieth century, and aspirations for a field that increasingly demonstrates the relational dynamics of cultural production. As they reflect on the state of their field, the contributors offer significant insights into sociology, psychology, anthropology, political science, education, and literature, while tracing the history of activism throughout the last century and debating the very concepts of “Chicano” and “Chicano history.” Although the political landscape is fraught with closed-off rhetoric, A Promising Problem encourages diversity of thought and opens the possibilities of historical imagination.