The recent U.S. Supreme Court decisions "Students for Fair Admissions, Inc. v. President and Fellows of Harvard College" (2023) and "Students for Fair Admissions, Inc. v. University of North Carolina et al." (2023), hereafter collectively referred to as "SFFA v. Harvard," have garnered attention, especially among…

This dissertation traces the way hair is framed in judicial texts about dress code policy in the U.S. between 1969 and 2023. Using 46 court cases from district, appellate, state supreme, and federal supreme courts, the study first considers how dress code is brought to courts over these 54 years, and the kinds of legal claims made in these cases.…

This paper compares two modern sanctuary institutions primarily construed for undocumented peoples in the U.S.; Christian-based church sanctuaries, and public-school districts that have declared themselves as 'sanctuaries.' Through examination of 10 church sanctuary resolutions and 10 school district resolutions from across the country, the study…

This second brief of a three-part series explores the systemic underfunding of HBCUs in Maryland, and their attempts to correct these challenges, first through the courts and then through legislation. Maryland was one of the first states to reach such a monumental agreement in the sustainability of HBCUs. The first brief explored the national…

A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.

Suicide rates among teenagers have increased significantly in recent years. The professional literature for public school personnel has been increasingly extensive. Yet, the corresponding coverage of liability case law regarding student suicide has been far from systematic and objective. An article in a legal periodical, written by Zirkel and…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Recent reports on discrimination in private schools have led some observers to decry the fact that private and charter schools receiving public tax dollars selectively exclude some populations from both employment and enrollment; others, however, note that in these and similar instances the schools have broken no laws. Both may be right. How can…

I argue that enrollment of a diverse student body is but a pragmatic first step toward the broader social goal of inclusion and ask whether motives for campus diversification are aligned with pedagogic goals. I address this question by focusing on inclusion, namely, organizational strategies and practices that promote meaningful social and…

This article examines the failure of school districts to distribute nonmoney resources--controlled primarily by the board of education--equally among students in affluent neighborhoods versus low-income areas. It is largely an urban phenomenon, although some county-wide and large suburban school systems display similar patterns. Such practices…

This study provides an historical analysis of the Chicago Public School Desegregation Consent Decree, while illustrating its relationship with the "Brown v. Board" of 1954. It provides an analysis of the mission and objectives of all three versions of the Consent Decree which include: The Original Consent Decree 1980, The Modified…

This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…

This paper discusses a Lawsuit filed against Dow Jones Newspaper Fund and the legal settlement between the defendant and the plaintiff. The fund, a nonprofit organization affiliated with Dow Jones & Company had been operating more than 20 programs for minority high-school students to pursue careers in newspaper journalism. The organization…

Demonstrates that the ruling in "Board of Trustees of the University of Alabama v. Garrett, " a case involving an Americans with Disabilities Title I suit, made it more problematic than ever that Congress will be able to deploy Section 5 of the Fourteenth Amendment to abrogate state judicial immunity. Evaluates surviving options for…

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…