In No Undocumented Child Left Behind, Michael A. Olivas tells a fascinating history of the landmark case, examining how, 30 years later, Plyler v. Doe continues to suffer from implementation issues and requires additional litigation and vigilance to enforce the ruling. He takes a comprehensive look at the legal regime it established regarding the education of undocumented school children, moves up through its implementation, including direct and indirect attacks on it, and closes with the ongoing, highly charged debates over the Development, Relief, and Education for Minors (DREAM) Act, which aims to give conditional citizenship to undocumented college students who graduated from US high schools and have been in the country for at least five years. Listen to Michael Olivas on WYPF 88.1 FM, as he takes a look back 30 years to the Supreme Court case that made it possible for undocumented children to enroll in public schools and the highly-charged political and legal battles that have ensued.
Eminent legal scholar Michael A. Olivas considers higher education litigation in the latter half of the twentieth century and the rise of "purposive organizations," like the American Civil Liberties Union and the Alliance Defense Fund (now known as the Alliance Defending Freedom), that exist to advance litigation. He reviews more than 120 college cases brought before the Supreme Court in the past fifty years and then discusses six key cases in depth. Suing Alma Mater provides a clear-eyed perspective on the legal issues facing higher education today.-- Robert O'Neil, University of Virginia
Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor.
Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.-- Michael A. Olivas, University of Houston Law Center, author of Suing Alma Mater: Higher Education and the Courts
Factors that influence the governance of academic institutions include how states regulate higher education and govern their public institutions; the size and method of selection of boards of trustees; the roles of trustees, administrators, and faculty in shared governance at campuses; how universities are organized for fiscal and academic purposes; the presence or absence of collective bargaining for faculty, staff, and graduate student assistants; pressures from government regulations, donors, insurance carriers, athletic conferences, and accreditation agencies; and competition from for-profit providers.
Governing Academia, which covers all these aspects of governance, is enlightening and accessible for anyone interested in higher education. The authors are leading academic administrators and scholars from a wide range of fields including economics, education, law, political science, and public policy.
Contributors: Ronald G. Ehrenberg, Cornell University; James O. Freedman, Dartmouth College; Thomas H. Hammond, Michigan State University; Donald E. Heller, Pennsylvania State University; Benjamin E. Hermalin, University of California, Berkeley; Gabriel E. Kaplan, University of Colorado; Adam T. Kezsbom, Cornell University; Daniel B. Klaff, Cornell University; Susanne Lohmann, University of California, Los Angeles; Matthew P. Nagowski, Cornell University; Michael A. Olivas, University of Houston Law Center; Brian Pusser, University of Virginia; Sarah E. Turner, University of Virginia; John D. Wilson, Michigan State University
Families of the victims ask attorney Robert Herrick—the “Lawyer for the Little Guy”—to bring the financiers to justice. It’s a tough claim, and he declines . . . but eventually he's persuaded to take the case. Nothing about this lawsuit is easy, from preparing the court papers, to discovering who did it and how, to presenting enough proof at trial. Herrick will have to use all of his skills to have a fighting chance at making his claim, and—once the terrorists target him too—he’ll have to scramble to save his own life.
“. . . A fascinating international legal thriller . . . penetrating the world of a foreign legal system and fashioning a tale that only a legal expert could tell.”
— Gary Taylor, Pulitzer Prize Nominee Journalist; Author of true-crime bestseller Luggage by Kroger
“Sudden Death Overtime . . . demonstrates that a great lawyer is a skilled storyteller. David Crump makes it real, through lessons learned in the school of hard knocks—which may be the best law school in the country.”
— Lynne Liberato, Past President, State Bar of Texas
“David Crump . . . knows his courtroom procedure and trial tactics. I like reading his legal fiction, which has the authentic ring of truth, but [in his job as a law professor] he would scare the hell out of me in class.”
— Michael A. Olivas, Professor of Law and Former President, American Association of Law Schools
Expatriation, or the stripping away citizenship and all the rights that come with it, is usually associated with despotic and totalitarian regimes. The imagery of mass expulsion of once integral members of the community is associated with civil wars, ethnic cleansing, the Holocaust, or other oppressive historical events. Yet these practices are not just a product of undemocratic events or extreme situations, but are standard clauses within the legal systems of most democratic states, including the United States. Witness, for example, Yaser Esam Hamdi, captured in Afghanistan in November 2001, sent to Guantánamo, transferred to a naval brig in South Carolina when it was revealed that he was a U.S. citizen, and held there without trial until 2004, when the Justice Department released Hamdi to Saudi Arabia without charge on the condition that he renounce his U.S. citizenship.
Hamdi’s story may be the best known expatriation story in recent memory, but in Revoking Citizenship, Ben Herzog reveals America’s long history of making both naturalized immigrants and native-born citizens un-American after their citizenship was stripped away. Tracing this history from the early republic through the Cold War, Herzog locates the sociological, political, legal, and historic meanings of revoking citizenship. Why, when, and with what justification do states take away citizenship from their subjects? Should loyalty be judged according to birthplace or actions? Using the history and policies of revoking citizenship as a lens, Revoking Citizenship examines, describes, and analyzes the complex relationships between citizenship, immigration, and national identity.
Features:focus on equality and civil rights rather than first amendment or bureaucratic aspects of education law individual chapters on each area of inequality race poverty gender disability homelessness language status three-chapter approach to the complex first amendment issues freedom of expression and thought religion in schools intersection of religion and freedom of expression with school curriculum current educational reform and problems included introductions to every chapter, section, and case improve comprehension and retention efficient presentation of cases to permit inclusion of case law and issues hypotheticals require synthesis of law, fact gathering and application, professional judgment, and problem-solving skills can be modified for group exercises, class discussion, or writing assignments situates case law in the broader education world edited versions of federal policy guidance seminal law review articles social science studies [don't think you meant"students"] organization reports and studies student-friendly questions and notes following cases careful editing of cases and secondary sources for ease of reading and understanding
Román offers an exploration of citizenship that spans from antiquity to the present, and crosses disciplines from history to political philosophy to law, including constitutional and critical race theories. Beginning with Greek and Roman writings on citizenship, he moves on to late-medieval and Renaissance Europe, then early Modern Western law, and culminates his analysis with an explanation of how past precedents have influenced U.S. law and policy regulating the citizenship status of indigenous and territorial island people, as well as how different levels of membership have created a de facto subordinate citizenship status for many members of American society, often lumped together as the “underclass.”
In Vote Thieves, geographer Orlando J. Rodriguez shows how our current method of apportionment creates an incentive for illegal immigration and polarizes our political system. Historically it caused the end of the Federalist Party, bolstered slavery, disenfranchised African Americans after Reconstruction, fostered segregation in the South, denied voting rights to women, and disenfranchised voters in the presidential election of 2000.
Since 1989, six congressional bills have attempted to change the population basis for apportionment; none passed. Currently under review in Congress, House Joint Resolution 53 would amend the Constitution to include only citizens in the apportionment base.The 2008 presidential platform of the Republican Party included a similar call to change the apportionment basis.
This issue affects all U.S. residents—legal and illegal alike.Recent history has triggered a growing suspicion among Americans that their political system is flawed. Vote Thieves explains a singular flaw that voters suspect but cannot put in plain words, and gives them the information they need to petition for a more responsive political system.
· “Moves the bar on workers’ rights advocacy… Offers aideas and proposals.” – Lance Compa
· “Goes farther than any previous work.” – JOTWELL: Worklaw“Recommended.” – CHOICE
How solid is the Supreme Court precedent, Plyler v. Doe, that allows undocumented children the opportunity to attend public school K-12 free of charge? What would happen if the Supreme Court overruled it? What is the DREAM Act and how would this proposed federal law affect the lives of undocumented students? How have immigration raids affected public school children and school administrators? To shed some light on these vital questions, the authors provide a critical analysis of the various legal and policy aspects of the U.S. educational system, asserting that both the legal and educational systems in this country need to address the living and working conditions of undocumented Latino students and remove the obstacles to educational achievement which these students struggle with daily.