Derek W. Black
Essay
When Religion and the Public-Education Mission Collide
Recently, the Supreme Court has chosen education as the primary stomping ground for rewriting Free Exercise Clause doctrine. It has framed education policies that prevented public funds from promoting religious indoctrination as discrimination. In the process, it has created a new victim—educational equity and adequacy for traditionally disadvantaged students.
Nov 17, 2022
Review
Equality of Opportunity and the Schoolhouse Gate
Cases involving schools have implicated nearly every major civil right. In this Review of Justin Driver’s The Schoolhouse Gate, however, Professors Michelle Adams and Derek Black demonstrate that the right to equal educational opportunity is the tie that binds together the Supreme Court’s many disparate precedents involving public schools.
Jun 20, 2019