The Yale Law Journal

Derek W. Black


When Religion and the Public-Education Mission Collide

Derek W. Black

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…


Equality of Opportunity and the Schoolhouse Gate

Michelle Adams & Derek W. Black

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 dispa…