Thursday, June 20, 2013

Recent scholarship

'The Last Acceptable Prejudice': Student Harassment of Gay Public School Teachers

Matthew D. Bernstein (Univ. of New Mexico), has posted 'The Last Acceptable Prejudice': Student Harassment of Gay Public School Teachers. Here is an excerpt of the abstract on SSRN:

In the United States, where the “marketplace of ideas” is a key social philosophy, few Americans receive the benefits of attending public schools with “out” gay and lesbian teachers. Even in an era where civil rights for homosexual public employees are increasing, more than one quarter of adults in the United States continue to believe that school boards should be permitted to fire teachers known to be homosexual. Amidst a permissive legal climate that too easily puts aside the rights of teachers in a myopic focus on students, incidents where students harass teachers based on the teachers’ sexual orientation go virtually unpunished. While states are increasingly protecting homosexual public employees through non-discrimination statutes, only federal guidance in the form of Title VII protection or a national non-discrimination statute are sufficient to properly shield teachers and institute a truly democratic classroom.

The University Curriculum and the Constitution: Personal Beliefs and Professional Ethics in Graduate School Counseling Programs

In The University Curriculum and the Constitution: Personal Beliefs and Professional Ethics in Graduate School Counseling Programs, the authors examine recent cases in which graduate students in school counseling programs argued that they could interpret counseling profession's Code of Ethics differently than their program faculty because of the student's religious beliefs, even though the Code was a part of the graduate program to which they voluntarily applied and enrolled. The article discusses the intersection of personal beliefs on gays and lesbians as counseling clients and professional ethics in higher education graduate programs. Todd A. DeMitchell, David J. Hebert, Loan T. Phan, The University Curriculum and the Constitution: Personal Beliefs and Professional Ethics in Graduate School Counseling Programs, 39 J.C. & U.L. 303 (2013).

Teaching Creation, Evolution, and the New Atheism in 21st Century America: Window on an Evolving Establishment Clause

Edward J. Larson (Pepperdine) discusses the "third generation" religion-in-schools controversies: the rise of the intelligent design movement. Professor Larson writes, "This new phase of the controversy is testing basic principles of Establishment Clause jurisprudence, particularly the purpose prong of the Supreme Court's Lemon test. He explores this emerging third phase of the creation-evolution controversy by examining how lawsuits have impacted the interpretation of secular purpose; the constitutionality of so-called academic freedom statutes; and emerging limits on anti-creationist official acts. Prof. Larson's article can be found

Tax Credit Scholarship Programs: A Model Statute for a Better Program

Hillel Y. Levin (Univ. of Georgia), has posted Tax Credit Scholarship Programs: A Model Statute for a Better Program (Education Law and Policy Review, forthcoming). In the article, he examines state tax credit scholarship programs that allow taxpayers to receive tax credits for contributing to student scholarship organizations. He offers a model statute for an improved tax credit scholarship program.

Clark Kerr and Me: The Future of the Public Law School

UCLA Law Dean Rachel Moran remembers former University of California President Clark Kerr and his vision for public higher education in a speech titled Clark Kerr and Me: The Future of the Public Law School, 88 Ind. L.J. 1021 (2013). Dean Moran applies Kerr's views to her own convictions about the unique mission of public law schools and ways to secure their future.

Applying the “Paradox” Theory: A Law And Policy Analysis of Collective Bargaining Rights and Teacher Evaluation Reform from Selected States

Mark Paige (Assistant Professor, Department of Educational Leadership, U. Mass-Dartmouth), Applying the “Paradox” Theory: A Law And Policy Analysis of Collective Bargaining Rights and Teacher Evaluation Reform from Selected States, 2013 B.Y.U. Educ. & L.J. 21 (2013). Professor Paige analyzes reforms to legislative changes about  teacher evaluations and argues that excluding unions from teacher evaluations in collective bargaining negotiations will have the unintended consequence of impeding reforms and change.

Parental Choice, Catholic Schools, and Educational Pluralism at the Dawn of a New Era in K-12 Education Reform

In the Notre Dame Journal of Law, Ethics & Public Policy, John Schoenig (Director, Program for K-12 Educational Access and Faculty, Alliance for Catholic Education) examines the "curious" shrinkage of Catholic school enrollment (there are approximately 460,000 “empty seats” in Catholic schools nationwide), where more than one third of those empty seats are in states that have parental choice programs. John Schoenig, Parental Choice, Catholic Schools, and Educational Pluralism at the Dawn of a New Era in K-12 Education Reform, 27 Notre Dame J.L. Ethics & Pub. Pol'y 513 (2013).

-ld

http://lawprofessors.typepad.com/education_law/2013/06/recen.html

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