Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination…

The Every Student Succeeds Act (ESSA) appears to offer states and districts discretion to develop teacher evaluation policies, including those that may use Value Added Models (VAMs). While scholars are discussing this flexibility, limited attention has been paid to the potential role of the law in connection with the future use of VAMs in…

In 2012, families in California filed a lawsuit alleging that five state statutes governing teacher tenure, dismissal, and seniority together violate the state constitution's requirements for equal protection. Central to the case were competing narratives about the relationship between these statutes, the work of teachers, and the achievement of…

In June 2015, the Colorado Supreme Court struck down a successful voucher program in Douglas County, invoking a provision of the state constitution that harks back to an era of widespread prejudice against Catholics. But because of the court's reliance on this discriminatory provision, its decision could well be overturned by the U.S. Supreme…

The last several years have seen renewed debate over the role that race plays in higher education--a debate over "affirmative action." The report first considers "affirmative action" in its original sense: the "mandatory" race-conscious measures that the federal courts have imposed on "de jure" segregated…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

The instability of the U.S. economy and its competitiveness in the global market has lead to increase request for investment in Higher Education programs. There exists a rising awareness among scholars of how inextricably education is tied to the strength of the economy, the well being of its populace, as well as the importance of a diversified…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

Raising academic standards and eliminating achievement gaps between advantaged and disadvantaged students are America's prime national educational goals. Current federal and state policies, however, largely ignore the fact that the childhood poverty rate in the United States is 21%, the highest in the industrialized world, and that poverty…

Outlines what reverse discrimination is and is not, and argues that the constitution is color-blind. Available from University of Richmond Law Review, School of Law, University of Richmond, VA 23173. (IRT)