Education law Books

Book SynopsisTrade ReviewPRAISE FOR THE FIRST EDITION "I would recommend this book to every educator and policymaker in public education. It is a great reference for immediate and comprehensive information on a variety of laws that govern California education."—Sonny H. Da Marto, Superintendent, Turlock Unified School District, Past-President of the Association of California School Administrators"California School Law is a new and different contribution to the California policy scene. The writing is a blend of law and policy that is easy to follow."—Michael Kirst, Professor of Education, Emeritus, Stanford University, President of the California State Board of Education during Governor Jerry Brown's terms in office"Finally, this is the comprehensive, thoughtful, and lucid treatment of California educational law and policy we've been waiting for. The authors not only explain the complex world of California school law with a lawyer's precision, but they make this sometimes arcane topic both lively and compelling with rich examples and from a national perspective."—William S. Koski, Eric and Nancy Wright Professor of Clinical Education, Professor of Law, and Professor of Education (by courtesy), Stanford University

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Book SynopsisAmerican law schools are in deep crisis. Enrollment is down, student loan debt is up, and the profession's supply of high-paying jobs is shrinking. Meanwhile, thousands of graduates remain underemployed while the legal needs of low-income communities go substantially unmet. Many blame overregulation and seek a free market to solve the problem, but this has already been tested. Seizing on a deregulatory policy shift at the American Bar Association, private equity financiers established the first for-profit law schools in the early 2000s with the stated mission to increase access to justice by serving the underserved. Pursuing this mission at a feverish rate of growth, they offered the promise of professional upward mobility through high-tech, simplified teaching and learning. In Law Mart, a vivid ethnography of one such environment, Riaz Tejani argues that the rise of for-profit law schools shows the limits of a market-based solution to American access to justice. Building on theories iTrade Review"Law Mart is a compulsively readable and dark tale of a for-profit law school. The school's stated mission is to provide 'access' and 'innovation' to underserved populations, admitting students with low scores and limited options. Out of sight of students and accreditors is a corporate operation that uses emotional intelligence testing for employees, implements curricular reforms to satisfy nervous investors, and fires and intimidates professors who object to changes they perceive as detrimental to the students. This compelling book raises serious concerns about the permeation of economic imperatives in academia." -- Brian Z. Tamanaha * Washington University School of Law *"Riaz Tejani regards legal education as integral to the democratization of the legal profession, and to democracy itself. Written from that critical starting point, his account of the blurring of public and private interests in for-profit law schools is both searing and subtle – relevant and accessible to anyone interested in higher education, law and contemporary liberalism." -- Carol J. Greenhouse * Princeton University *"Law Mart offers an extremely insightful and smart analysis of for-profit law schools. Tejani's book is a must-read for anyone who cares about the future of the legal profession and its aspirations to make legal education and access to justice a right for all. Given the current conservative political climate of deregulation and laissez-faire capitalism, this book's importance takes on new meaning and significance." -- Eve Darian-Smith, University of California * Santa Barbara *"Tejani's skills as anthropologist and lawyer shine in this incisive account of U.S. for-profit law schools. With deceptive ease, his lucid prose moves us from analyses of the market and the economy, through morality and legal ethics, to deeply-rooted ethnography that takes us into the heart of a malaise in U.S. legal education. This book is a must-read for all those concerned about that malaise." -- Elizabeth Mertz * American Bar Foundation *"Tejani explores the tensions between law, economics, and morality when justice becomes a commodity and higher education is produced en masse. The book weaves narratives and data collected from research on one particular school's operations with analysis of the broader business model's implications across higher education." -- Harvard Law Review"One of the great strengths of Tejani's book is that it is not a simplistic account fo the exploitation of students and academics by financiers seeking egregious profits. Tejani explores how students who would not have qualified for traditional law schools and who would not, on their own, have been able to navigate admissions and financing routes, were helped into law school by New Delta." -- Anthony Bradney * Journal of Law and Society *"This considered and timely study reveals that the attempt to absorb market-based thinking into higher education is fraught...Tejani shows insightfully how the move towards greater diversity within the student body in legal education is a direct outcome of neoliberalism rather than the manifestation of an increased sensibility in favour of social justice, as it is claimed to be.... In highlighting the contradictions inherent in for-profit law schools, Tejani poses the provocative question of how faculty can fulfill their responsibility of socializing students into ethical legal practice when they are implicated in producing a significant moral hazard....I highly recommend this excellent study as it addresses an issue of vital importance to all of us." -- Margaret Thornton * Canadian Journal of Sociology *"By exposing the fallacy of for profit legal education for what it is, Law Mart creates a compelling and absorbing narrative of legal education and the failure of oversight methodologies, and is a damning indictment not only of the industry but also the accreditors who claim to regulate it."––Andrew W. Jurs, St. John's Law ReviewTable of ContentsContents and Abstracts1Enrollment: Precarity, Casualization, and Alternative Admissions chapter abstractChapter 1 presents the recruitment and training practices that fill the new institution with flesh and blood people. This chapter discusses New Delta School of Law's practices of recruitment of faculty and enrollment of students—its techniques for finding the human resources making up its organization. Through the use of various techniques, the school and its parent company generated and maintained managed precarity—a condition whereby teachers and students remain within its purview as employees and clients out of felt necessity more than elective choice. Chapter 1 argues that the operationalization of professional diversity through increased "access" to legal education permitted NDSL to forestall market discipline at a time when many expressed faith in the winnowing function of a legal education free market. 2"Charter Review": Policy as Culture and Ideology chapter abstractChapter 2 gives readers a window onto the corporate "culture" of the proprietary law school. There, it argues that the unique law school culture of NDSL served to hold back community reflection on the moral hazard of for-profit legal education. Through structured repetition and reflection, faculty and staff were taught to embrace the ideology of access rather than dwell on their underlying business model—one that generated millions of dollars annually in "subprime" student debt and transformed them into off-site investor returns. 3The Legal Education Moral Economy Bubble chapter abstractChapter 3 describes the feverish growth of the school in the years following onset of the Great Recession. This sudden growth, leading to logistical problems inadequately prepared for, had immediate effects on the 450 new students brought in as first years in 2011. Nevertheless, as this chapter argues, difficulty meeting investor obligations—rather than any great concern for logistical or pedagogical limitations—would quickly impose a limit to this large burst of entrepreneurial expansion. 4Law School 2.0: Marketing Integration, Educating Investors chapter abstractChapter 4 argues that Legal Education 2.0's emergence had less to do with substantive improvements for law student learning than with pacifying investor fears about the new "crisis" in legal education. Under new professional realities, fourth-tier law schools had to reinvent themselves or risk dissolution. Law Corp, fearful of the investor call on its capital, ordered each of its three schools to develop a new curriculum. At New Delta, the result was a campaign for integrating curriculum soon labeled "Legal Education 2.0." 5Shared Governance in the Proprietary Legal Academy chapter abstractChapter 5 moves from reinvention to survival. It describes in detail how school administration conducted and mediated faculty deliberation and democratic ratification of the revised curriculum proposal. This includes a retelling of the unique manner in which the reforms were ultimately passed and the direct impact this had on governance, academic freedom, and basic feelings of respect and dignity among students and educators in this unique environment. Above all, it suggests, Law Corp officers succeeded in confirming a marketable reform agenda by framing the debate as one between tradition and innovation. 6"They Want the Rebels Gone": Contract Relations in a Fiscal State of Exception chapter abstractChapter 6 describes how this fiscal "state of exception" changed the structure of school governance by altering the terms by which employees were retained. That shift, from customary to contractual security of position, situates this story within the larger context of neoliberal governance and legal culture. On one hand, academic employees were asked to expand their duties into business development. In one notable episode, NDSL sent several professors to Botswana to establish ties with the national bar, train judges and attorneys in common law jurisprudence, and develop this as a new income stream. On the other hand, with threats of a "reduction in force" in the air, NDSL revised its faculty employment terms, resulting in a conflict with and ultimate termination of tenured senior professors. Amid this information's rapid spread on social media, students flew into a panic and began requesting letters of recommendation to transfer out in record numbers. 7The Policy Cascade: Deregulation and Moral Hazard chapter abstractChapter 7 argues the regulatory frameworks governing schools like New Delta have been greatly shaped by the rhetoric of student access. Accepting school officials' narrative that the main hurdle to professional diversity is becoming a lawyer, the scrutiny of key regulatory actors—here the Department of Education and the American Bar Association—has been unable to properly grasp the potential harm for-profit law schools are liable to generate. In other words, these schools may not only produce substantial moral hazard, they may also promote the transmission of moral hazard to a new generation of would-be lawyers often rendered as "officers of the court." Conclusion: The Trouble with Differentiation chapter abstractThe conclusion recaps the book's main themes to reassert its two core claims. The first, directed at legal audiences, says that differentiation by marketization—by exposure to the disciplinary power of free markets—is likely to exacerbate professional inequalities. No longer just a theory, this form of differentiation is indeed already on display at New Delta and its sister schools. Thanks to rollbacks in oversight prompted by both antitrust litigation in the 1990s and regulatory capture in the 2000s, the ABA's relatively hands-off approach to for-profit law programs has allowed them to recruit a diversity of students more freely while offering them a different educational program. As my informants describe, these students enter a local profession that already stigmatizes them for this pedigree. Introduction: Marketing Justice chapter abstractThis chapter introduces Law Mart, an ethnography of for-profit law schools, as a contribution to the anthropology of policy and contemporary legal education crisis and reform debates. It explains the recent historical background to the study in a period of significant "boom and bust" in the law school and legal services sector. The chapter situates this intervention among social studies of legal culture, profession, and education. The introduction then offers the book's two core claims. One, directed at legal audiences, says that differentiation by marketization—by exposure to the disciplinary power of free markets—is likely to exacerbate professional inequalities. The second, directed at anthropologists, underscores how the metaphor of the "market" has come to occupy the imagination of so many, reformers included, in American academic law.

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Book SynopsisThe NAACP's fight against segregated education - the first public interest litigation campaign - culminated in the 1954 Brown decision. While touching on the general social, political, and economic climate in which the NAACP acted, Mark V. Tushnet emphasizes the internal workings of the organization as revealed in its own documents.

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Book SynopsisAnalyzes the current state of the law for each entry point on the pipeline and propose legal theories and remedies to challenge themTrade Review"This startling book begins with the insight that criminal justice processes have come to dominate U.S. social institutions . . . this useful, in-depth guide to education and juvenile justice reform would complement more sociological texts that explore cultural or societal aspects of the pipeline." -- J.S. Montgomery * Choice *"Fills a much‒needed gap in the school‒to‒prison pipeline literature. There is very little information about legal strategies to interrupt the pipeline when you encounter reticent policy‒makers. This book provides just that, and covers all of the bases for doing so. As such, it is an invaluable resource for legal advocates working in the education and juvenile justice fields." -- Randee J. Waldman,Barton Juvenile Defender Clinic, Emory Law"Increasingly, we must understand the production of structural disadvantage through a systems lens that focuses on the relationships between critical institutions rather than viewing them as distinct concerns. This incisive new work targets the interface between our K‒12 educational system and our juvenile and criminal justice systems with a fresh, unflinching account that is invaluable to lawyers, organizers and researchers alike." -- John A. Powell,Executive Director of the Kirwan Institute for the Study of Race and Ethnicity and the Williams Chair in Civil Rights and Civil Liberties, Moritz College of Law, Ohio State University"This book is a real eye-opener. For anyone involved in any way with educating our youth, it is a must-read." * BIZ INDIA *Table of ContentsAcknowledgments Introduction 1 The Right to Education 2 Unlawful Discrimination 3 Students with Disabilities 4 Challenging Suspensions and Expulsions 5 Disciplinary Alternative Schools and Programs 6 Criminalizing School Misconduct 7 Court-Involved Youth and the Juvenile Justice System Conclusion Notes Index About the Authors

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Book SynopsisProvides an in-depth understanding of the intersection of litigation and education vis-a-vis Mexican AmericansTrade ReviewThis book is a significant contribution to the literature on Mexican American activism in education and documents in rich detail the successes and failures of these legal struggles . . . It is highly recommended for scholars, historians, educators, lawyers, and community activists of all colors. * The Journal of American History *Valencia's book breaks new bround in bringing together the many relevant court cases and using critical race theory to explore the intersections of law and education . . . Valencia succeeds in tracing the important legal history associated with Chicano educational rights and convincingly demonstrates how instrumental Chicano activism has been in fostering improvements in Chicano educational opportunities. -- Isaac Cardenas * Journal of American Ethnic History *The longstanding rap on Latino parents, particularly Mexican Americans, is that they are too passive, an old trope from movies and the iconic peasant taking his siesta under a palm tree. But as Valencias detailed book shows, these parents have been resisting school perfidy and indifference for well over a century, even against courts and school boards that have been downright hostile to their claims. I found it fascinating reading, and learned a great deal, even though I thought I had known or read all these cases. I was wrong. He has corrected this record in an authoritative fashion that has set the bar for the rest of us. -- Michael A. Olivas,editor of Colored Men and Hombres AquíIn this book Valencia effectively weaves together a wide variety of large and small, famous and forgotten, Chicano legal challenges to educational discrimination and ties the entire corpus of activism around the concept of critical race theory. This book is successful as a reference work and as a synthesis of critical race scholarship on the varied, confusing tangle of Mexican American educational litigation. . . . Valencias study offers enterprising historians myriad ways in which to engage the increasingly paramount subjects of Mexican American education, race, poverty, and immigration. In this original and laboriously researched book, Valencia successfully communicates the size and complexity of the Mexican American communitys quest for better schoolsand how much more is left for historians to do on this important yet neglected topic. * American Historical Review *Table of ContentsList of Tables and Figures Preface Acknowledgments Introduction: Understanding and Analyzing Mexican American School Litigation 1 School Segregation 2 School Financing 3 Special Education 4 Bilingual Education 5 School Closures 6 Undocumented Students 7 Higher Education Financing 8 High-Stakes Testing Conclusion: Th e Contemporary and Future Status of Mexican American - Initiated School Litigation; What We Have Learned from Th is Legal History Notes References Index About the Author

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Book SynopsisSome sources rank Mexican Americans as one of the most poorly educated ethnic groups in the United States. This title offers a comprehensive look at this community's long-standing legal struggle for better schools and educational equality.Trade ReviewThis book is a significant contribution to the literature on Mexican American activism in education and documents in rich detail the successes and failures of these legal struggles . . . It is highly recommended for scholars, historians, educators, lawyers, and community activists of all colors. * The Journal of American History *Valencia's book breaks new bround in bringing together the many relevant court cases and using critical race theory to explore the intersections of law and education . . . Valencia succeeds in tracing the important legal history associated with Chicano educational rights and convincingly demonstrates how instrumental Chicano activism has been in fostering improvements in Chicano educational opportunities. -- Isaac Cardenas * Journal of American Ethnic History *The longstanding rap on Latino parents, particularly Mexican Americans, is that they are too passive, an old trope from movies and the iconic peasant taking his siesta under a palm tree. But as Valencias detailed book shows, these parents have been resisting school perfidy and indifference for well over a century, even against courts and school boards that have been downright hostile to their claims. I found it fascinating reading, and learned a great deal, even though I thought I had known or read all these cases. I was wrong. He has corrected this record in an authoritative fashion that has set the bar for the rest of us. -- Michael A. Olivas,editor of Colored Men and Hombres AquíIn this book Valencia effectively weaves together a wide variety of large and small, famous and forgotten, Chicano legal challenges to educational discrimination and ties the entire corpus of activism around the concept of critical race theory. This book is successful as a reference work and as a synthesis of critical race scholarship on the varied, confusing tangle of Mexican American educational litigation. . . . Valencias study offers enterprising historians myriad ways in which to engage the increasingly paramount subjects of Mexican American education, race, poverty, and immigration. In this original and laboriously researched book, Valencia successfully communicates the size and complexity of the Mexican American communitys quest for better schoolsand how much more is left for historians to do on this important yet neglected topic. * American Historical Review *Table of ContentsList of Tables and Figures Preface Acknowledgments Introduction: Understanding and Analyzing Mexican American School Litigation 1 School Segregation 2 School Financing 3 Special Education 4 Bilingual Education 5 School Closures 6 Undocumented Students 7 Higher Education Financing 8 High-Stakes Testing Conclusion: Th e Contemporary and Future Status of Mexican American - Initiated School Litigation; What We Have Learned from Th is Legal History Notes References Index About the Author

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Book SynopsisThe standard legal resource for Texas educators.

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Book SynopsisHow universities can navigate affirmative action bans to protect diversity in student admissionsDiversity in higher education is under attack as the Supreme Court considers the future of affirmative action, or race-conscious admissions practices, at American colleges and universities. In On the Basis of Race, Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned. Foley takes us behind the curtain of student admissions, shedding light on how multiple unTrade ReviewA prescient new book... On the Basis of Race offers a blueprint for institutions in the wake of the Supreme Court’s June decision striking down the use of race-conscious admissions. * Inside Higher Ed *From non-discrimination mandates after Brown to bans on affirmative action half a century later, Lauren S. Foley compellingly shows how colleges and universities have worked to both adhere to—and evade—the law governing admissions in higher education. This strikingly original book captures the shift from segregation to civil rights, and from civil rights to ‘diversity,’ using key examples to develop a new theory of legal conflict in the United States. -- Charles R. Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative PerspectiveOn the Basis of Race examines how and why progressives and conservatives have fought to expand or limit opportunities for people of color in higher education. Foley shows us how both sides have employed a strategy of ‘resistant compliance’ to achieve their ends, cleverly finding ways to comply with the letter of the law while also taking intentional steps to defy the spirit of the law. -- Jesse H. Rhodes, author of Ballot Blocked: The Political Erosion of the Voting Rights Act

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Book SynopsisHow universities can navigate affirmative action bans to protect diversity in student admissionsDiversity in higher education is under attack as the Supreme Court considers the future of affirmative action, or race-conscious admissions practices, at American colleges and universities. In On the Basis of Race, Lauren S. Foley sheds light on our current crisis, exploring the past, present, and future of this contentious policy. From Brown v. Board of Education in the mid-twentieth century to the current Students for Fair Admissions v. Harvard and University of North Carolina, Chapel Hill, Foley explores how organizations have resisted and complied with public policies regarding race. She examines how admissions officers, who have played an important role in the long fight to protect racial diversity in higher education, work around the law to maintain diversity after affirmative action is banned. Foley takes us behind the curtain of student admissions, shedding light on how multiple unTrade ReviewA prescient new book... On the Basis of Race offers a blueprint for institutions in the wake of the Supreme Court’s June decision striking down the use of race-conscious admissions. * Inside Higher Ed *From non-discrimination mandates after Brown to bans on affirmative action half a century later, Lauren S. Foley compellingly shows how colleges and universities have worked to both adhere to—and evade—the law governing admissions in higher education. This strikingly original book captures the shift from segregation to civil rights, and from civil rights to ‘diversity,’ using key examples to develop a new theory of legal conflict in the United States. -- Charles R. Epp, author of The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative PerspectiveOn the Basis of Race examines how and why progressives and conservatives have fought to expand or limit opportunities for people of color in higher education. Foley shows us how both sides have employed a strategy of ‘resistant compliance’ to achieve their ends, cleverly finding ways to comply with the letter of the law while also taking intentional steps to defy the spirit of the law. -- Jesse H. Rhodes, author of Ballot Blocked: The Political Erosion of the Voting Rights Act

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Book SynopsisTrade ReviewThis is a wonderful collection of essays on a topic of great importance: whether there should be a federal right to education. The essays in this volume are written by the top experts in the country and together they make a compelling case that education should be deemed a fundamental right and that only by doing so can we ensure an adequate education for every child. This is scholarship at its best, documenting the problem and showing the path forward. -- Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley School of LawThis important book examines the pressing issue of how we can actually and at long last deliver on an equity promise in public education to the nation’s students. The debates in these pages merit deep and sustained attention to protect the long recognized public good of educating all people, regardless of background, toward effective civic engagement and participation. Kimberly Jenkins Robinson and her contributors in these pages distill and make accessible competing theories for if and how to proceed, without ever losing focus on what is at stake for children in school and the health of the nation. This book is a must read for anyone who cares about policy for kids. -- Catherine Lhamon, chair, US Commission on Civil Rights and former Assistant Secretary for Civil Rights, US Department of EducationThe raging educational inequities within and between the states call out for a federal right to education. This book provides a helpful overview of the variety of ways this goal might be achieved, and the challenges posed by each of the possible pathways. -- Michael Rebell, Professor and Executive Director, Center for Educational Equity, Teachers College, Columbia University

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Book SynopsisAnswers the calls of grassroots communities pressing for integration and increased education funding with a complete rethinking of school disciplineIn the era of zero tolerance, we are flooded with stories about schools issuing draconian punishments for relatively innocent behavior. One student was suspended for chewing a Pop-Tart into the shape of a gun. Another was expelled for cursing on social media from home. Suspension and expulsion rates have doubled over the past three decades as zero tolerance policies have become the normal response to a host of minor infractions that extend well beyond just drugs and weapons. Students from all demographic groups have suffered, but minority and special needs students have suffered the most. On average, middle and high schools suspend one out of four African American students at least once a year. The effects of these policies are devastating. Just one suspension in the ninth grade doubles the likelihood that a student wiTrade ReviewBlack convincingly explains how the nations inflexible, exclusionary and counterproductive approach to school discipline has swung far out of balance. This extraordinarily important book carefully outlines the legal and policy thinking that should serve as a cornerstone for the lawyers, policymakers and judges who must re-balance this destructive system. -- Kevin Welner, co-editor,Closing the Opportunity Gap: What America Must Do to Give All Children an Even ChanceIn Ending Zero Tolerance, Professor Derek Black sheds light on how both law and policy are inviting schools to harshly punish students in ways that greatly harm the disciplined student, his or her peers, academic outcomes and our national commitment to equal educational opportunity. He also proposes insightful and attainable legal reforms that could end this crisis. Ending Zero Tolerance is a must-read for all who are committed to fair discipline policies. -- Kimberly Jenkins Robinson,Professor, University of Richmond School of LawZero-tolerance policies fuel the school-to-prison pipeline and disproportionately deny educational opportunities to already disadvantaged student populations. In this volume, Derek Black not only describes the problem but proposes a solutionintervention by state and federal courts. In an era when many are losing faith in courts to protect students, Black makes a persuasive case that courts can and should play a productive role in safeguarding the basic rights of students. This book is a cogent, comprehensive, and creative resource for all those who seek to dismantle one of the most pervasive contributors to educational inequality in this country. -- James E. Ryan,Charles William Eliot Professor, Harvard Graduate School of EducationDerek Black has written a magnificent book that shows how the current approach to disciplining children in schools undermines education, discriminates against children of color, and violates the most basic notions of due process. He makes a compelling case that courts must be involved in reforming school discipline. This book is must reading for all involved in education and all who care about the American educational system. -- Erwin Chemerinsky,Dean, University of California, Irvine School of LawNow is the time to revisit much of the legal thinking about the constitutional rights of public school students, because so many of them were originally pronounced during the Civil Rights Era There is no question that Ending Zero Tolerance will be of great interest to a diverse audience of people interested in public education. -- Kevin Brown,Richard S. Melvin Professor of Law Indiana University Maurer School of Law-BloomingtonBlack's book is necessary reading for educators and those who work with youth, whether during classroom hours or in an after-school setting. * Youth Today *With the intent to address the toxic environment that zero tolerance perpetuates, Black outlines a convincing argument that the courts must step in to speed reform and ensure that all students are cared for equally. * Library Journal *

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Book SynopsisIn 1954 the Supreme Court decided Brown v. Board of Education; ten years later, Congress enacted the Civil Rights Act. These monumental changes in American law dramatically expanded educational opportunities for racial and ethnic minority children across the country. They also changed the experiences of white children, who have learned in increasingly diverse classrooms.The authors of this commemorative volume include leading scholars in law, education, and public policy, as well as important historical figures. Taken together, the chapters trace the narrative arc of school desegregation in the United States, beginning in California in the 1940s, continuing through Brown v. Board, the Civil Rights Act, and three important Supreme Court decisions about school desegregation and voluntary integration in 1974, 1995, and 2007. The authors also assess the status of racial and ethnic equality in education today and consider the viability of future legal and policy reform in pursuit of the goals of Brown v. Board.This remarkable collection of voices in conversation with one another lays the groundwork for future discussions about the relationship between law and educational equality, and ultimately for the creation of new public policy. A valuable reference for scholars and students alike, this dynamic text is an important contribution to the literature by an outstanding group of authors.

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Book SynopsisTeacher unions and their members have long stood as polarizing figures in a vast educational landscape. As in the Western films of the 1920s, policymakers, education reformers, and onlookers often assign union leaders and the teachers they represent either the white hats of heroes or the black hats of villains. Politicized efforts to reductively classify teacher unions as beneficial or dangerous have only served to obscure the extent to which labor militancy and teacher activism have become part and parcel of the American public school system and the primary mechanisms by which teachers' voices are heard – and heeded – in the policy arena. Teacher unions have grown in tandem with and in response to the expansion of the school bureaucracy and the acceleration of accountability reforms, and teachers' calls for recognition and reform are inseparable from broader movements for social change. Far more than either good or bad, teacher unions are the inevitable outgrowth of American public education as it stands today.This book offers an interdisciplinary exploration of the state of modern teacher unions, the complex spaces they operate in, and the connections between militancy, activism, and school reform. Breaking free from the white hat/black hat dyad that has for so long colored the lenses we use to understand unions, the chapters of this book engage a set of fundamental questions: Where did the modern moment of militancy come from, and in what ways is it a continuation or a departure from the approaches of previous organized teachers?; What is at stake in modern expressions of militancy for teachers, communities, and schools?; Beyond the flashpoint of the walkout, what is the effect of teacher activism?

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Book SynopsisTeacher unions and their members have long stood as polarizing figures in a vast educational landscape. As in the Western films of the 1920s, policymakers, education reformers, and onlookers often assign union leaders and the teachers they represent either the white hats of heroes or the black hats of villains. Politicized efforts to reductively classify teacher unions as beneficial or dangerous have only served to obscure the extent to which labor militancy and teacher activism have become part and parcel of the American public school system and the primary mechanisms by which teachers' voices are heard – and heeded – in the policy arena. Teacher unions have grown in tandem with and in response to the expansion of the school bureaucracy and the acceleration of accountability reforms, and teachers' calls for recognition and reform are inseparable from broader movements for social change. Far more than either good or bad, teacher unions are the inevitable outgrowth of American public education as it stands today.This book offers an interdisciplinary exploration of the state of modern teacher unions, the complex spaces they operate in, and the connections between militancy, activism, and school reform. Breaking free from the white hat/black hat dyad that has for so long colored the lenses we use to understand unions, the chapters of this book engage a set of fundamental questions: Where did the modern moment of militancy come from, and in what ways is it a continuation or a departure from the approaches of previous organized teachers?; What is at stake in modern expressions of militancy for teachers, communities, and schools?; Beyond the flashpoint of the walkout, what is the effect of teacher activism?

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Book SynopsisPolicies intended to shape student achievement and access at schools and colleges have changed significantly over the past decade. No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality?The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.

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Book SynopsisPolicies intended to shape student achievement and access at schools and colleges have changed significantly over the past decade. No Child Left Behind, Common Core, Race to the Top, data mining initiatives, Title IX gender equity, Individuals with Disabilities Education Act, Americans with Disabilities Act, and executive actions on immigration illustrate key federal initiatives that have redefined standards, priorities, and practices within educational institutions. Similarly, state policies in terms of school funding, school choice, teacher qualifications, student bullying, and other measures have added another layer of complexity to the education law and policy dialogue particularly when addressing matters of education inequality. These emergent policies beget the question: how have these policies contributed to easing the effects of educational inequality?The purpose of this book is to examine the role of law as potentially countering or impeding desirable education reforms, and it calls on readers to consider how policymakers, lawyers, social scientists, and educators might best alter the course in an effort to advance a more just and less unequal educational system.

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Book SynopsisA manifesto for the future of Indigenous Education in CanadaIn Reclaiming Anishinaabe Law Leo Baskatawang traces the history of the neglected treaty relationship between the Crown and the Anishinaabe Nation in Treaty #3, and the Canadian government’s egregious failings to administer effective education policy for Indigenous youth—failures epitomized by, but not limited to, the horrors of the residential school system.Rooted in the belief that Indigenous education should be governed and administered by Indigenous peoples, Baskatawang envisions a hopeful future for Indigenous nations where their traditional laws are formally recognized and affirmed by the governments of Canada. Baskatawang thereby details the efforts being made in Treaty #3 territory to revitalize and codify the Anishinaabe education law, kinamaadiwin inaakonigewin. Kinamaadiwin inaakonigewin considers education wholistically, such that it describes ways of knowing, being, doing, relating, and connecting to the land that are grounded in tradition, while also positioning its learners for success in life, both on and off the reserve.As the backbone of an Indigenous-led education system, kinamaadiwin inaakonigewin enacts Anishinaabe self-determination, and has the potential to bring about cultural resurgence, language revitalization, and a new era of Crown-Indigenous relations in Canada. Reclaiming Anishinaabe Law challenges policy makers to push beyond apologies and performative politics, and to engage in meaningful reconciliation practices by recognizing and affirming the laws that the Anishinaabeg have always used to govern themselves.Table of Contents Introduction Chapter 1 Colonization and Other Political Discontents Chapter 2 Indigenous Laws and the State Chapter 3 Kinamaadiwin Inaakonigewin Chapter 4 Reconciliation as Recognition and Affirmation Reflections

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Book SynopsisDesigned as a guide for pre-service education students and in-service teachers, Professional Ethics and Law in Education: A Canadian Guidebook provides an accessible and accurate source of information on the ethical and legal frameworks of the teaching profession while encouraging the examination of fundamental issues that underpin key debates in Canadian schooling and education.Divided into four sections, this guidebook is grounded in the idea that teacher professionalism requires a solid understanding of the ethical and legal expectations that society has of teachers. Written for both the student and the professional, this text is an essential companion to both aspiring and active teachers. It provides clear guidance on how to navigate the complex regulatory framework of contemporary teaching while highlighting the indispensable contribution that individual judgment and shared values make to thoughtful, informed, and well-reasoned decision making in teaching, making it necessary reading for educators in Canada.Table of Contents Preface and Dedication Introduction Section I: Teacher Ethics beyond Common Sense Chapter 1. Ethical Values and the Practice of Teaching Chapter 2. Teaching, a Profession? Chapter 3. Practicing Professional Judgement Section II: Ethical and Legal Sources of Teacher Professionalism Chapter 4. Good Teachers, Professional Values, and Codes of Ethics Chapter 5. Legal and Regulatory Frameworks for Education in Canada Section III: Responsibilities to Students and Their Families Chapter 6. Student Safety and Well-Being Chapter 7. Treating Students Fairly Chapter 8. Treating Students Respectfully Chapter 9. Professional Distance in Teacher–Student Relations Chapter 10. Physical Touch in Schools Section IV: Responsibilities to Colleagues and the Profession Chapter 11. Teacher Accountability between Professional Autonomy and Academic Freedom Chapter 12. Navigating Disagreements, Complaints, and Teacher Free Speech in Schools Chapter 13. Off-Duty Conduct and Being a Teacher 24/7 References Acknowledgements Index

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Book SynopsisLeadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence fills a unique gap in the knowledge base - the juncture between leadership, ethics, law, and how public institutions/organizations understand and practice the essence of all three. Authors from law enforcement, corrections education, and educational leadership present different yet overlapping constructs around ethics and law, and make an important step towards reconciling these differing views to demonstrate the significance of collaboration and partnerships for a common purpose.Table of ContentsList of Contributors. Introduction. Chapter 1 Understanding the Ethical Failures of Law Enforcement. Chapter 2 I am Second: Ethical Leadership and Self-Denial. Chapter 3 Ethical Issues in School Search and Seizure. Chapter 4 Ethical Issues for a Police Psychologist. Chapter 5 Responsible Action as a Construct for Ethical Leadership: Investigating the Effect of School and Community on Police Involvement in Student Disciplinary Affairs. Chapter 6 The Challenges of School–Police Partnerships in Large Urban School Systems: An Analysis of New York City's Impact Schools Initiative. Chapter 7 Institutional Moral Architecture: From Schools to Prisons. Chapter 8 In Pursuit of Equity and Excellence in Law Enforcement Leadership. Chapter 9 Theories of Criminal Justice: The Influence of Value Attributions on Correctional Education. Chapter 10 The Value Struggle Between the Families of Law Enforcement: The Family at Home and the Family at Work. Chapter 11 Discrimination Under Section 504 and the Americans with Disabilities Act. Chapter 12 Youth Detention Facilities and Restorative Justice: Lesson for Public Education. About the Authors. Index. Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence. Advances in Educational Administration. Advances in Educational Administration. Copyright page.

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Book SynopsisThe nature and purpose of legal education has become a topic of intense debate in recent years. This timely book calls for a critical re-evaluation of university legal education, with the particular aim of strengthening its academic nature. The contributors emphasise lecturers' responsibility to challenge the assumptions students have about law, and the importance of putting law in a theoretical and social context that allows for critical reflection and sceptical detachment. In addition, the book reports upon teaching experiences and innovations, offering tools for teachers to strengthen the academic nature of legal education, and concludes with concrete proposals for change. Students and scholars engaged in the debate regarding the re-evaluation of academic legal education will find this book invaluable to their work. It will also be of interest to practitioners, such as educational experts and administrators looking to understand the role of law schools in creating responsible citizens.Contributors include: T. Bleeker, A. Böning, L. Corrias, U. de Vries, M. Del Mar, L. Francot, S. Germain, T. Hutchinson, B. Oomen, C. Schwöbel-Patel, B. Sokhi-Bulley, G. Uygur, B. van Klink, W. van RossumTrade Review'At a time when the performative demands of the neo-liberal university threaten to marginalise liberal and post-liberal traditions of critical enquiry, it is important to be reminded that a quality legal education can be both richly sceptical and imaginative. For those interested in deepening their students' empirical, normative and affective understanding of legal phenomena, and of their own place in the legal word, this collection of essays offers both a multi-faceted account of educational praxis and some persuasive examples of how we can educate better.' --Julian Webb, The University of Melbourne, Australia'This is a very varied, interesting and stimulating collection of essays. It deserves a wide readership, as there are topics of interest to all law teachers.' --Fiona Cownie, Keele University, UK'In a world dominated by technology, technique, and bureaucracy this collection of essays represents a most welcome and intelligent effort to render legal education, and law itself, more fully human, coherent, and effective, from the point of view both of the individual human being and the larger society.' --James Boyd White, The University of MichiganTable of ContentsContents: Foreword 1. Introduction 1 Part I THEORY AND LEGAL EDUCATION 2. Knowledge and Aphasia: What is the Use of Skeptical Legal Education Bart van Klink 3. Re-Bildung: An Ideal Reconsidered for Legal Education Lyana Francot and Luigi Corrias 4. Academic Education and Socialisation Anja Böning 5. The Necessary Loneliness of Teaching (and of Being a Legal Academic) Anthony Bradney Part II Experimental Courses 6. Teaching International Law Critically- Critical Pedagogy and Bildung as Orientations for Learning and Teaching Christine Schwöbel-Patel 7. Learning Law Differently: The Importance of Theory and Methodology Bal Sokhi-Bulley 8. Empirical Methodologies Knowledge and Expertise: A ‘Necessary’ Skill for Lawyers? Terry Hutchinson 9. Visuals for a Critical Legal Reflection Wibo van Rossum 10. For a New and More Diverse Comparative Legal Education Sabrina Germain PART III DIDACTIC INNOVATIONS AND LEARNING EXPERIMENT 11. Orchestrating Encounters: Teaching Law at a Liberal Arts and Sciences College in the Netherlands Barbara Oomen 12. Students’ Perception and Legal Education Gülriz Uygur 13. Learning How to Read a Case: Resources from the Visual and Dramatic Art Maksymilian Del Mar 14. Law & Lounge: An Experiment on Student Self-Organisation and Critique as Skeptical Reflexivity Ubaldus de Vries 15. Epilogue: An Overview, Reflections and a Student’s Perspective Tim Bleeker 16. Conclusions: Concrete Proposals for Change: 14 Theses Bart van Klink and Ubaldus de Vries Index

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Book SynopsisProviding a comprehensive account of the often-misunderstood area of legal doctrinal scholarship, this incisive book offers a novel framing for conceptual legal theory and the functions of conceptual theorising in legal studies. It explores the ways in which a doctrinally-oriented legal theory may provide methodological support to legal scholars, arguing that making adequate sense of the rational reconstruction of law is pivotal in delivering such active support.The epistemological key to the central themes of the book is the idea that doctrinal disciplines are anchored in the concept of 'doctrinal knowledge', the practice-specific normative knowledge used to navigate institutionalised social practices. The distinctive epistemological and political philosophical grounding for legal doctrinal scholarship demonstrated in this book facilitates a rich analysis of the three core models of interdisciplinary engagement characteristic of legal scholarship.Considering how legal doctrinal scholarship cultivates doctrinal knowledge by way of hermeneutic engagement with positive law, this thought-provoking book will be a key resource for students and scholars of constitutional law, criminal law, private law and international law. It will also be of benefit to legal theorists, philosophers and practitioners.Trade Review‘In this volume, Ma´tya´s Bo´dig compellingly articulates a theory of legal doctrinal scholarship which deals with these questions and, more generally, with the epistemological and political implications of cultivating doctrinal knowledge about the law in the context of a modern state. Bo´dig’s theoretical strategy helps substantiate the assumption that rationality in law is a regulative ideal which legal scholars - and other participants - can live up to. Furthermore, it shows that the rational reconstruction of the law need not renounce its commitment to the legal sources. Although these are not the only ones, these achievements alone make Bo´dig’s work worthy of applause.’ -- Mari´a I Besomi, The Edinburgh Law Review'Competent legal scholars need to be familiar with the right ways in which claims about the law can be vindicated, but this does not imply they possess great awareness of either the epistemic status or the political implications of their scholarship. These are important and complex matters, whose grasp would greatly improve both our understanding of legal scholarship and assist legal scholars in further refining their art. Professor Bodig's Legal Doctrinal Scholarship faces up to the challenge of investigating the epistemology and politics of doctrinal scholarship with great skill and insight, providing a fresh perspective on a crucial aspect of the legal experience.' -- Claudio Michelon, University of Edinburgh, UK'The overwhelming majority of the work of legal scholars is doctrinal in nature: it analyses, defines, redefines and systematises legal concepts. The present volume offers a thorough, yet novel approach to how legal theory could and should help doctrinal research. Bódig illuminates convincingly the various epistemological and political philosophical preconditions of doctrinal legal scholarship, and how they differ in interdisciplinary research. It is an excellent read for all those legal scholars who wish to reflect theoretically on all these questions.' -- András Jakab, University of Salzburg, Austria'Bódig takes a fresh approach to the debate on legal scholarship by focusing on the epistemological profile of doctrinal research and connecting this with legal theory. This is the basis for identifying and addressing the challenges for interdisciplinary engagement. An original book providing much food for thought.' -- Wibren van der Burg, Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: 1. Introduction 2. Legal theoretical parameters 3. Doctrinal knowledge and modern state law 4. Legal doctrinal scholarship 5. The challenge of interdisciplinary engagement for legal scholarship 6. Legal theoretical implications Index

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Book SynopsisAdvocacy skills, which are learnt in the moot court, as a precursor to the effective communication of persuasive legal argument, are essential for those seeking a career in law. The skills associated with successful mooting, cover the entire range of the domains of human activity: intellectual, physical and emotional. This informative book examines the theories relevant to the development of skills necessary for effective participation in competition moots. By consideration of underlying theories, Mark Thomas and Lucy Cradduck develop unique models of the skills of the cognitive, psychomotor and affective domains and effective team dynamics, emphasising the importance of written submissions. The authors use this analysis to develop a unique integrated model that informs the process of coaching moot teams according to reliable principles. The Art of Mooting distils the theories and principles that support successful moot performances, grounding these in practical examples of how a mooter's skills may be developed and improved. It is an essential guide for moot coaches, law and advocacy students and academics seeking to improve their skills, and new and existing practitioners. Trade Review'This book offers brilliant new insights on the intellectual, physical and emotional aspects of mooting. In an era of growing emphasis on experiential learning and innovation in legal education, Thomas and Cradduck have given law teachers and students worldwide a valuable new tool to hone their crafts. The intertwining of pedagogical concepts and practical strategies is indispensable for full-time professors, adjunct coaches, peer mentors, and moot directors. The explanation of why and how to prepare for success also makes this book a must-read resource for every student mooting for fun or competition.' --Jeremy de Beer, University of Ottawa, Canada'The Art of Mooting provides an effective guide to the practical and theoretical aspects of mooting. The book combines the practical know-how that mooters need at each stage of a moot competition with the thorough theoretical and pedagogical approach that coaches require. It is therefore an indispensable resource for both mooters and moot coaches. If mooting is an art, this book puts everyone on the path to becoming an artist.' --Louise Parsons, Bond University, Australia'Happily, it has become fashionable to nod when told what a good thing mooting is for legal students and their instructors. But with their book, Mark Thomas and Lucy Cradduck take a more considered and rigorous approach, examining how and why mooting is so beneficial. Good advocacy synthesises thoughtfulness and experience. So does this book. It will be of interest and value to anyone with a stake in good legal education - and that, surely, is all of us.' --Stuart Baran, Three New Square, UKTable of ContentsContents: Foreword 1. Introduction 2. The Cognitive Domain 3. The Psychomotor Domain 4. The Affective Domain 5. The Moot Coach 6. Team Dynamics 7. Written Submissions 8. International Criminal Court Case Study 9. Assessing Moot Performance 10. Conclusion and Future Appendix A Appendix B Index

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisOver the years, federal courts have dramatically retreated from actively promoting school desegregation. In the meantime, state courts have taken up the mantle of promoting the vision of educational equity originally articulated in Brown v Board of Education. This title analyses why the state courts have taken on this active role.Trade Review"Rebell advances an interesting conceptual model for progressive efforts toward achieving equal educational opportunity in US schools.... Readers' perspectives and ideologies will be challenged and expanded." (Choice)"

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Book SynopsisA leading economist makes the case that college is still a smart investment, and reveals how to increase the odds of your degree paying off.“Full of easy-to-understand advice grounded in deep expertise and research.”—Martin West, William Henry Bloomberg Professor of Education, Harvard UniversityThe cost of college makes for frightening headlines. The outstanding balance of student loans is more than $1.5 trillion nationally, while tuitions continue to rise. And on the heels of a pandemic that nearly dismantled the traditional college experience, we have to wonder: Is college really worth it?From a financial perspective, says economist Beth Akers, the answer is yes. It’s true that college is expensive, but once we see higher education for what it is—an investment in future opportunities, job security, and earnings—a different picture emerges: The average college graduate earns an additiona

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Book SynopsisIn each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.Trade ReviewHigher Education Law: The Faculty... describ[es] clearly, for both lawyers and non-lawyers, the central legal principles governing the activities of faculty and the routine academic affairs of colleges and universities. The major sections of the book cover the law relating to faculty as scholars, teachers, institutional citizens, public citizens, and employees. This book achieves the preventive law goals both of assisting faculty and administrators to avoid legal problems and of helping them to understand when they need legal counsel... The chapter on scholarship provides an excellent overview of the law regarding both the ownership and exploitation of faculty work, including copyrights and patents and the dissemination of and access to scholarly work. The chapter on faculty as employees includes a lengthy overview of nondiscrimination law that clearly explains a complex and layered area of law. This section should, in particular, be mandatory reading for all graduate students, professors, and administrators. -- Neil W. Hamilton Academe Welcome, useful and readable. -- David Palfreyman Education and the Law 2003 An interesting, informative, and very useful book that works both as a teaching tool and as a guide to understanding the legal land mines that are part and parcel of what we as faculty believe we do. -- Benjamin Baez Journal of Higher Education 2004Table of ContentsContents: Chapter 1: Introduction Chapter 2: The Lay of the LandChapter 3: Faculty ScholarshipChapter 4: Faculty in the ClassroomChapter 5: Faculty as Institutional CItizensChapter 6: Faculty as Public CitizensChapter 7: Faculty as EmployeesChapter 8: Final Thoughts on Faculty and the Law

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Book SynopsisAlexander and Alexander's American Public School Law has for 50 years set the standard for books in the field of education law. This new 2019, Ninth Edition, provides for a combined textbook/casebook approach for teaching the law of public school systems in the United States. Included in this volume are hundreds of recent judicial precedents rendered by state and federal appellate courts derived from actual cases and controversies involving the schools. The book is designed to facilitate a "case" or "discussion" teaching methodology that enables the teacher to depart from merely lecturing or "telling" about the law and to engage the students in a dialogue and discussion mode. Written in an engaging style, American Public School Law, Ninth Edition, clearly explains all complex points of law for non-lawyers, with a focus on the unique needs of professional school leaders. The book is accompanied with an Instructor's Manual and a Test Bank, along with PowerPoint slides for each chapter.

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Book SynopsisNirgendwo kommt der Staat der Persönlichkeit des Einzelnen so nahe wie in der Schule: Sie ist zugleich ein Ort der Bildung wie auch der Persönlichkeitserziehung und der Integration der heranwachsenden Generation in die Gesellschaft. In einer religiös zunehmend heterogenen Gesellschaft mit divergierenden Erziehungs- und Wertvorstellungen, die gleichwohl auf dem Grundpfeiler der Glaubens- und Bekenntnisfreiheit des Einzelnen als zentraler Freiheitsnorm ruht, sind Konflikte zwischen dem staatlichen Bildungs- und Erziehungsauftrag sowie Lehrern, Schülern und Eltern unvermeidbar. Der vorliegende Band widmet sich den einzelnen Diskussionsfeldern, in denen das Verhältnis zwischen individueller Religions-, Weltanschauungs- und Gewissensfreiheit sowie dem staatlichen Interesse an Bildung, Erziehung und Integration durch Schule zur Sprache kommt und gleichsam stellvertretend für die Gesellschaft insgesamt verhandelt wird.

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