education, constitutional rights, judicial intervention, judical activism
This Article examines how the concept of equality has played out in the efforts of the courts to define student rights in several important areas. These include school prayer and flag salutation, racial discrimination and cases concerning students with learning disabilities. The Article examines how differences in these areas are first conceptualized and then addressed by the courts. This Article discusses good school practices and addresses the educational methods which have been proven to be effective. The common thread in effective educational doctrine is that programs which integrate and include students are often the most effective education method on many levels. It also discusses the Supreme Court's approach to education, showing that the Court has not been clear in enunciating a policy of equality in the classroom. It concludes by requiring the law to alter its thinking in educational matters, and change its approach to one that substantially appreciates the need for equality in schools.
Frank J. Macciarola, Dorothy Kerzner Lipsky, and Alan Gartner,
The Judicial System & Equality in Schooling,
23 Fordham Urb. L.J. 567
Available at: https://ir.lawnet.fordham.edu/ulj/vol23/iss3/2