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Research

The Constitutional Right to Education

The Right to Education, Equal Opportunity, and the Schoolhouse Gate, 128 YALE LAW JOURNAL 2302 (2019) (review essay with Michelle Adams).

Freedom, Democracy, and the Right to Education,116 NORTHWESTERN UNIVERSITY LAW REVIEW 1031 (2022).

The Fundamental Right to Education, 94 NOTRE DAME LAW REVIEW 1059 (2019).

The Constitutional Compromise to Guarantee Education, 70 STANFORD LAW REVIEW 735 (2018).

Unlocking the Power of State Constitutions with Equal Protection: The First Step Toward Education as a Federally Protected Right, 51 WILLIAM & MARY LAW REVIEW 1343 (2010).

School Funding

Educational Gerrymandering: Money, Motives, and Constitutional Rights, N.Y.U. LAW REVIEW (2020).

Localism, Pretext, and the Color of School Dollars, MINNESOTA LAW REVIEW (2023).

Averting Educational Crisis, 94 WASHINGTON UNIVERSITY LAW REVIEW 423 (2017).

Religion, Discrimination, and the Future of Public Education, 14 U.C. IRVINE LAW REVIEW (2023).

When Religion and the Public-Education Mission Collide, 132 YALE LAW JOURNAL FORUM 559 (2022).

Preferencing Educational Choice: The Constitutional Limits, 102 CORNELL LAW REVIEW 1359 (2018).

Charter Schools, Vouchers, and the Public Good, 48 WAKE FOREST LAW REVIEW 445 (2013).

Civil Rights, Charter Schools, and Lessons to Be Learned, 64 FLORIDA LAW REVIEW 1723 (2012).

Federal Policy

Abandoning the Federal Role in Education, 105 CALIFORNIA LAW REVIEW 1309 (2017).

Federalizing Education by Waiver?, 68 VANDERBILT LAW REVIEW 607 (2015).

How the Elementary and Secondary Education Act Undermines Equal Protection and Congress’s Duty to Remedy It, 90 BOSTON UNIVERSITY LAW REVIEW 313 (2010).

Middle Income Peers as Educational Resources and the Constitutional Right to Equal Access, 53 BOSTON COLLEGE LAW REVIEW 373 (2012).

Cultural Norms and Race Discrimination Standards: A Case Study in How the Two Diverge, 43 CONNECTICUT LAW REVIEW 503 (2010).

In Defense of Voluntary Desegregation: All Things Are Not Equal, 44 WAKE FOREST LAW REVIEW 107 (2009).

The Mysteriously Reappearing Cause of Action: The Court’s Expanding Concept of Intentional Discrimination in Gender and Race Discrimination Statutes, 67 MARYLAND LAW REVIEW 358 (2008).

A Framework for the Next Civil Rights Act: What Tort Concepts Reveal about Goals, Results, and Standards, 60 RUTGERS LAW REVIEW 259 (2008).

The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision, 57 CATHOLIC LAW REVIEW 947 (2008).

The Contradiction Between Equal Protection’s Meaning and Its Legal Substance: How Deliberate Indifference Can Cure It, 15 WILLIAM & MARY BILL OF RIGHTS JOURNAL 533 (2006).

Picking Up the Pieces After Alexander v. Sandoval? Resurrecting a Private Cause of Action for Disparate Impact, 81 NORTH CAROLINA LAW REVIEW 356 (2002).

The Case for the New Compelling Government Interest: Improving Educational Outcomes, 80 NORTH CAROLINA LAW REVIEW 923 (2001).

Reforming School Discipline, 111 NORTHWESTERN UNIVERSITY LAW REVIEW 1 (2016).

The Constitutional Limit of Zero Tolerance in Schools, 99 MINNESOTA LAW REVIEW 823 (2015).

Teacher Quality

Taking Teacher Quality Seriously, 57 WILLIAM & MARY LAW REVIEW 1597 (2016).

The Constitutional Challenge to Teacher Tenure, 104 CALIFORNIA LAW REVIEW 75 (2016).