Category: Education Law

A Retreat from Equality: How Rodriguez Reshaped the Right to Education

Maggie Traubert explores how San Antonio Independent School District v. Rodriguez reshaped the constitutional landscape of public education by declining to recognize education as a fundamental right and permitting funding disparities based on local property wealth. The article traces the historical commitment to educational equality from early American ideals through Brown v. Board of Education, and argues that Rodriguez marked a retreat from those principles. The result is a system in which educational opportunity remains closely tied to wealth, with enduring consequences for equity and access.

Deciding The Future of Kentucky Education: Amendment 2

In this article, Christian Bugher discusses the proposed amendment to the Kentucky Constitution that will appear on the ballot for Kentucky voters in November. Amendment 2 will allow voters to choose whether taxpayer funds can be allocated to education outside of the state public school system.

VMI: The Exemplary Rightful Position

In this article, Colleen Brugger explores United States v Virginia or VMI, which not only disavowed gender generalizations, but demonstrated the scope and power of a properly tailored remedy. The Court preserved state choice yet crafted a remedy which solved a novel problem.

The Abrogation of Affirmative Action in College Admissions

In this article, Grant Williams discusses the future of affirmative action on college campuses in wake of two Supreme Court cases that question its constitutionality. He postulates the use of affirmative action violates the Equal Protection Clause and calls on universities to focus on other means of achieving diversity through the non-innate characteristics of applicants.

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