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Archive | 2007

A Proposal for a Collaborative Approach to a Federal Right to Education: Building on No Child Left Behind and a New Era for Federal Involvement in Education

Kimberly Jenkins Robinson

No Child Left Behind represents the high water mark for federal involvement in education and this enhanced federal role appears unlikely to abate in the coming years, particularly given longstanding educational conundrums, such as the achievement gap and disparities in educational opportunities between disadvantaged students and others. This Article concurs with scholars who have argued that a federal right to education should be recognized, while it eschews the private right of action against state governments advanced by most scholars who support such a right. It proposes a new collaborative enforcement mechanism for enforcing a federal right to education, modeled after the enforcement mechanisms in several international human rights treaties that recognize a right to education. These treaties incorporate a non-punitive enforcement mechanism, which authorizes an oversight committee to monitor compliance and progress, offer recommendations for improvement and guide states to technical assistance. The Article considers the weaknesses and strengths of this approach.


William and Mary law review | 2006

Constitutional Lessons for the Next Generation of Public Single-Sex Elementary and Secondary Schools

Kimberly Jenkins Robinson


U.C. Davis Law Review | 2007

The Case for a Collaborative Enforcement Model for a Federal Right to Education

Kimberly Jenkins Robinson


Harvard Law Review | 1996

An Evidentiary Framework for Diversity as a Compelling Interest in Higher Education

Kimberly Jenkins Robinson


Archive | 2013

The High Cost of Education Federalism

Kimberly Jenkins Robinson


Education Next | 2017

Inequitable Schools Demand a Federal Remedy

Kimberly Jenkins Robinson


Washington University Law Review | 2015

Disrupting Education Federalism

Kimberly Jenkins Robinson


Education Next | 2017

Forum: Reconsidering the Supreme Court's "Rodriguez" Decision--Is There a Federal Constitutional Right to Education?.

Charles J. Ogletree; Kimberly Jenkins Robinson; Alfred A. Lindseth; Rocco E. Testani; Lee A. Peifer


Stanford law and policy review | 2016

No Quick Fix for Equity and Excellence: The Virtues of Incremental Shifts in Education Federalism

Kimberly Jenkins Robinson


Harvard Law Review | 2016

Fisher's Cautionary Tale and the Urgent Need for Equal Access to an Excellent Education

Kimberly Jenkins Robinson

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