Eco-Apartheid: Linking Environmental Health to Educational Outcomes

2011 ◽  
Vol 113 (4) ◽  
pp. 831-859
Author(s):  
Antwi Akom
Keyword(s):  
Public Schools ◽  
Conceptual Framework ◽  
Supreme Court ◽  
Environmental Health ◽  
Educational Outcomes ◽  
Educational Inequality ◽  
Appellate Court ◽  
Environmental Inequality ◽  
The Relationship ◽  
Environmental Inequalities

Background/Context The issue of how to achieve a racially diverse student population has become increasingly challenging since a 2007 U.S. Supreme Court split decision endorsed the importance of creating diverse schools, while simultaneously limiting the assignment to public schools based on an individual student's race or ethnicity. The article examines innovative efforts at achieving racial integration in Berkeley, California, as well as other district efforts in New York City, to curtail the dangers associated with polychlorinated biphenyls (PCBs) in school building materials and develop plans to remediate contaminated school buildings. Purpose/Objective/Research Question/Focus of Study In this article, the author draws on the disciplines of environmental sociology, critical race theory, and social epidemiology to examine the relationship between school desegregation, environmental inequality, structural racialization, and health and educational outcomes. The author proposes a conceptual framework for linking environmental health to educational outcomes that considers the dynamic social processes through which social and environmental inequalities—and associated health and educational disparities—are produced, reproduced, and transformed. Setting Berkeley Unified School District has achieved substantial integration in a city where neighborhoods are polarized by racial-ethnic, socioeconomic status, and environmental inequality. Moreover, the Berkeley integration plan was upheld in 2009 by the state appellate court, a decision that the California Supreme Court allowed to stand. As a result, the Berkeley Unified School District's plan to maintain diversity could serve as a national model for other public schools that are seeking constitutionally sound desegregation programs. Research Design Using empirical evidence from the published literature, as well as the author's own practical experience conducting community-based participatory research in Berkeley, the author applies the eco-apartheid conceptual framework to the city of Berkeley. Conclusions/Recommendations The eco-apartheid framework provides a useful model for theory building in the study of environmental health and educational equity. Moreover, the author recommends that theories of racial and educational inequality in general would benefit from a more serious consideration of the role that environmental inequalities play in structuring the relationship between health and educational inequality. Additionally, the author highlights the ways in which existing research on desegregation remains in need of theoretical strength and methodological rigor with respect to environmental inequality.

scholarly journals Il crocifisso ‘accomodato’. Considerazioni a prima lettura di Corte cass., Sezioni Unite civili, n. 24414 del 2021

2021 ◽  
Author(s):  
Marcello Toscano
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Legal System ◽  
Reasonable Accommodation ◽  
Religious Symbols ◽  
The Relationship

SOMMARIO: 1. Introduzione - 2. La decisione (in sintesi): una soluzione subottimale - 3. Il ruolo determinante del principio supremo di laicità - 4. Laicità sostanziale, laicità procedurale, accomodamento ragionevole - 5. Discriminazione diretta e indiretta. - 6. Conclusioni. The crucifix ‘accommodated’. Considerations at first reading of the judgment no. 24414/2021 by the United Sections of the Italian Supreme Court of cassation ABSTRACT: With decision no. 24414/2021 the United Sections of the Italian Supreme Court of cassation have provided an unprecedented solution to the issue of religious symbols in the classrooms of public schools. In this essay the author analyses the judgment, focusing in particular on three aspects: the relationship between the so-called ‘Italian principle of secularism’ and the reasonable accommodation; the existence or not of discrimination against the teacher who has been obliged to teach under the crucifix; the practical ways in which this ruling can become 'living law' in the Italian legal system.

2 The Modern ‘Penalty’ Rule

2018 ◽  
Author(s):  
Halson Roger
Keyword(s):  
Supreme Court ◽  
Appellate Court ◽  
Liquidated Damages ◽  
Equitable Relief ◽  
Penalty Clauses ◽  
The Law ◽  
The Relationship

Prior to decision of the UK’s Supreme Court in Cavendish Square Holding BV v Makdessi; ParkingEye Ltd v Beavis (Consumers’ Association Intervening), (the Cavendish case) in 2015, the principles underlying the law relating to contractual liquidated damages and penalty clauses was last examined by the UK’s highest appellate court over 100 years ago in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd. The breadth and scope of the decision is obvious from the different commercial contexts of the two conjoined appeals in the Cavendish case. This chapter analyses the Supreme Court’s decision in these cases, covering the requirement of breach, applying the test for a penalty, the application of the penalty rule to obligations other than to make payments, and the relationship between the penalty rule and the equitable relief against forfeiture.

Intersection of Language, Class, Ethnicity, and Policy: Toward Disrupting Inequality for English Language Learners

2017 ◽  
Vol 41 (1) ◽  
pp. 428-452 ◽  
Author(s):  
Oscar Jiménez-Castellanos ◽  
Eugene García
Keyword(s):  
English Language Learners ◽  
Public Schools ◽  
Conceptual Framework ◽  
Low Income ◽  
English Language ◽  
Educational Inequality ◽  
Language Learner ◽  
Social Constructs ◽  
Language Class ◽  
K 12

This chapter proposes a conceptual framework that merges intersectionality and policy analysis as an analytical tool to understand the nuanced, multilayered, compounded educational inequality encountered specifically by low-income, Latino Spanish-speaking students in Arizona K–12 public schools as a function of intersecting educational policies. In addition, it provides a conceptual framework that counters and provides an alternative to the Arizona model that strives toward interrupting inequality. The conceptual framework is grounded in culture, language, and learning that provides a pathway to interrupt inequality by acknowledging the intersectional social constructs of an English language learner (ELL).

scholarly journals Social inequality in child educational development in China

2020 ◽  
Vol 6 (2) ◽  
pp. 219-238 ◽  
Author(s):  
Airan Liu ◽  
Wangyang Li ◽  
Yu Xie
Keyword(s):  
Educational Outcomes ◽  
Parenting Practices ◽  
Educational Achievement ◽  
Educational Development ◽  
Educational Inequality ◽  
Social Contexts ◽  
Individual Characteristics ◽  
Western Countries ◽  
Structural Forces ◽  
The Relationship

Nearly all past studies on educational inequality have examined the relationship between family and children’s educational achievement in western countries. Very few have examined this question in other social contexts, such as China. This article investigates differences in factors that influence children’s development between China and western countries. Capitalizing on recent national representative data, we extend previous studies by using more recent data and considering different measurements of educational outcomes. Our findings show that structural forces, such as hukou and residence, are more important than family and individual characteristics in China for influencing children’s educational outcomes; and that family non-monetary resources such as expectations and parenting practices are more important than family monetary resources such as income, for children’s educational achievement.

scholarly journals Discussion: Alternatives to the Local Property Tax for Educational Finance

1973 ◽  
Vol 5 (1) ◽  
pp. 95-97
Author(s):  
James M. Stepp
Keyword(s):  
United States ◽  
Public Schools ◽  
Supreme Court ◽  
Property Tax ◽  
Local Property ◽  
Federal Court ◽  
The United States ◽  
Fourteenth Amendment ◽  
Appellate Court ◽  
Educational Finance

Dr. Hady's paper begins by noting why some practical alternatives to the local property tax may soon become very urgent in all parts of the United States. The California Supreme Court decision in the case of Serrano v. Priest, which Hady cites, constituted the first ruling by a major appellate court that disparities in the property tax bases of school districts render that tax invalid as a basis for financing public schools. The applicable constitutional provision is the “equal protection” clause of the Fourteenth Amendment of the United States Constitution, and similar provisions of State constitutions. The fact that the United States Supreme Court is reviewing a decision of a three-judge Federal court of appeals in a Texas case, Rodriquez v. San Antonio Independent School District, rather than the California case may be of considerable importance to possible future changes in educational finance.

America's Lone Star Constitution

2018 ◽  
Author(s):  
Lucas A. Powe Jr.
Keyword(s):  
Supreme Court ◽  
Capital Punishment ◽  
School Finance ◽  
Constitutional Law ◽  
Civil Liberty ◽  
Voting Rights ◽  
The Rich ◽  
The Relationship

Texas has created more constitutional law than any other state. In any classroom nationwide, any basic constitutional law course can be taught using nothing but Texas cases. That, however, understates the history and politics behind the cases. Beyond representing all doctrinal areas of constitutional law, Texas cases deal with the major issues of the nation. This book charts the rich and pervasive development of Texas-inspired constitutional law. From voting rights to railroad regulations, school finance to capital punishment, poverty to civil liberty, this book provides a window into the relationship between constitutional litigation and ordinary politics at the Texas Supreme Court, illuminating how all of the fiercest national divides over what the Constitution means took shape in Texas.

Cultural Labour

2019 ◽  
Author(s):  
Brahma Prakash
Keyword(s):  
Conceptual Framework ◽  
Performance Studies ◽  
Life Experience ◽  
Social Hierarchies ◽  
Folk Performance ◽  
And Performance ◽  
The Relationship

Folk performances reflect the life-worlds of a vast section of subaltern communities in India. What is the philosophy that drives these performances, the vision that enables as well as enslaves these communities to present what they feel, think, imagine, and want to see? Can such performances challenge social hierarchies and ensure justice in a caste-ridden society? In Cultural Labour, the author studies bhuiyan puja (land worship), bidesia (theatre of migrant labourers), Reshma-Chuharmal (Dalit ballads), dugola (singing duels) from Bihar, and the songs and performances of Gaddar, who was associated with Jana Natya Mandali, Telangana: he examines various ways in which meanings and behaviour are engendered in communities through rituals, theatre, and enactments. Focusing on various motifs of landscape, materiality, and performance, the author looks at the relationship between culture and labour in its immediate contexts. Based on an extensive ethnography and the author’s own life experience as a member of such a community, the book offers a new conceptual framework to understand the politics and aesthetics of folk performance in the light of contemporary theories of theatre and performance studies.

Students’ Individual Rights: Safety and Privacy

2019 ◽  
Author(s):  
Martin Gardner
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
School Safety ◽  
Fourth Amendment ◽  
Privacy Rights ◽  
Discipline Problems ◽  
School Officials ◽  
Privacy Concerns ◽  
Safety Issues ◽  
Student Privacy

This chapter addresses problems faced by educators attempting to provide their students with a safe and effective learning environment. Drugs and weapons in many schools pose serious safety and discipline problems, while threats of violence from sources outside the school have become increasingly serious. Educators deal with these problems while students enjoy Fourth Amendment rights. Often the privacy rights of students conflict with the interests of school officials. The task of the law is to accommodate the respective interests of educators and students. The discussion herein addresses some of these issues of student privacy and safety. The examination of school privacy focuses on the extent to which the Fourth Amendment’s protection against “unreasonable searches and seizures” applies to those attending public schools. The Fourth Amendment discussion illustrates the often-conflicting obligation of educators to keep those in their charge safe while at the same time respecting student privacy concerns. School safety interests also exist outside the context of the Fourth Amendment as illustrated by strategies to keep schools safe from threats such as those dramatically manifested by school shootings killing multiple students. Some such strategies, along with discussion of the dangers of cell phones in schools, will be reviewed in this chapter. The Fourth Amendment section considers the relevant U.S. Supreme Court decisions addressing student rights under the Fourth Amendment, as well as reviewing lower court cases treating issues left open by the Supreme Court. The chapter concludes by highlighting school safety issues not directly involving the Fourth Amendment.

scholarly journals Student Speech and Social Media: The Supreme Court Finally Enters the Fray

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 19
Author(s):  
Charles J. Russo
Keyword(s):  
Social Media ◽  
Public Schools ◽  
School District ◽  
Supreme Court ◽  
Extracurricular Activities ◽  
The Internet ◽  
Student Speech ◽  
American Military ◽  
The Supreme Court ◽  
Cyber Speech

Tinker v. Des Moines Independent Community School District was a watershed moment involving the First Amendment free speech rights of students in American public schools. In Tinker, the Supreme Court affirmed that absent a reasonable forecast of material and substantial disruption, educators could not discipline students who wore black arm bands to school protesting American military action in Viet Nam. Not surprisingly, litigation continues on the boundaries of student speech, coupled with the extent to which educators can limit expression on the internet, especially social media. As the Justices finally entered the fray over cyber speech, this three-part article begins by reviewing Tinker and other Supreme Court precedent on student expressive activity plus illustrative lower court cases before examining Levy v. Mahanoy Area School District. In Levy, the Court will consider whether educators could discipline a cheerleader, a student engaged in an extracurricular activity, who violated team rules by posting inappropriate off-campus messages on Snapchat. The article then offers policy suggestions for lawyers and educators when working with speech codes applicable to student use of the internet and social media by pupils involved in extracurricular activities.

scholarly journals Insurance related problems in bareboat charter agreements

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Albano Gilabert Gascón
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
Third Parties ◽  
Insurance Contract ◽  
The United Kingdom ◽  
The Supreme Court ◽  
The One ◽  
The Baltic ◽  
The Relationship

AbstractIn 2017, the majority of the United Kingdom Supreme Court held in its judgment in the Gard Marine and Energy v China National Chartering (The Ocean Victory) case that, in bareboat charters under the ‘BARECON 89’ form, if both the owner and the charterer are jointly insured under a hull policy, the damages caused to the vessel by the charterer cannot be claimed by the insurer by way of subrogation after indemnifying the owner. The interpretation of the charter party leads to the conclusion that the liability between the parties is excluded. Faced with the Supreme Court’s decision, the Baltic and International Maritime Council (BIMCO) adopted a new standard bareboat charter agreement only a few months later, the ‘BARECON 2017’ form, which amends, among other clauses, the one related to insurance. The present paper analyses (i) the new wording of the clause mentioned above and (ii) its incidence on the relationship between the parties of both the charter agreement and the insurance contract and its consequences for possible third parties. Despite BIMCO’s attempt to change the solution adopted by the Supreme Court and his willingness to allow the insurer to claim in subrogation against the person who causes the loss, the consequences, as it will be seen, do not differ much in practice when the wrongdoer is the co-insured charterer. On the contrary, when the loss is caused by a time charter or a sub-charter, in principle, there will be no impediment for the insurer to sue him.

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