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…

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…

Title IX of the Education Amendments of 1972 mandates that sex discrimination be eliminated in federally assisted education programs. Although a few issues such as competitive athletics have generated wide interest, Title IX has significant implications for a variety of less publicized issues including recruiting, admissions, financial aid,…

The question of whether protection against unauthorized use of a person's name of likeness for commercial gain is subsumed under property rights or the right to privacy remains unsettled. The thesis of this article is that either area may be appropriate, depending on the plaintiff's motivation in bringing the action. The case of Lugosi v.…

Effects of the Fourteenth Amendment in sex discrimination cases are examined with focus on the standard of review--strict scrutiny, rational relationship, or something in between. Early challenges and judicial attitudes, growing use of the equal protection clause, maternity benefits (Title VII vs. the Constitution), and 1974-75 Supreme Court…

Wulff v. Singleton represents the first case in which a physician has been granted standing when his sole injury arose from the possibility that he might not be paid for performing abortions. It also represents the first time a physician, as opposed to his patient, has been held to be denied equal protection. The court's rationale is examined.…

This document analyzes different approaches to the goal of equal educational opportunity and discusses the judicial role in achieving it. One approach argues that equal dollars or equal facilities and services must be provided to each pupil. Some people have contended that racially segregated schools deprive minority students of an equal…

In Kahn v. Shevin the Supreme Court upheld a Florida Supreme Court ruling that a state tax exemption for widows was not in violation of the Fourteenth Amendment. The author discusses this and earlier sex discrimination cases, holding that a strict scrutiny test in such cases would promote equality of the sexes. (JT)

To provide a comparative perspective on the legalization of education, the author analyzes the role of the West German Federal Constitutional Court in shaping educational policy. He identifies two constitutional norms the court uses to interpret the relationship between education and the state: equal protection and the legitimacy of educational…

Do women have the right to have the opportunity to participate on an equal basis as members of male teams? If the answer is "yes," the effects would have far-reaching consequences in professional and amateur athletics, college and university competition, and public high school athletic programs. (Author)

Author reviews court decisions that affect the schools. (Editor/CB)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

The purpose of this simulation is to develop in students an awareness of a fundamental legal principle: that procedure is the essence of justice. (Author)