Derek W. Black

University of South Carolina - School of Law

Professor of Law

1525 Senate Street

Columbia, SC 29208

United States

SCHOLARLY PAPERS

33

DOWNLOADS
Rank 11,577

SSRN RANKINGS

Top 11,577

in Total Papers Downloads

7,695

SSRN CITATIONS
Rank 49,971

SSRN RANKINGS

Top 49,971

in Total Papers Citations

14

CROSSREF CITATIONS

2

Scholarly Papers (33)

1.

Abandoning the Federal Role in Education: The Every Student Succeeds Act

California Law Review, Vol. 105, 2017
Number of pages: 62 Posted: 09 Oct 2016 Last Revised: 14 Jul 2017
Derek W. Black
University of South Carolina - School of Law
Downloads 1,018 (41,292)
Citation 1

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every student succeeds act, ESSA, No Child Left Behind, NCLB, school funding, equality, student need, accountability, testing

2.

The Constitutional Compromise to Guarantee Education

Stanford Law Review, Forthcoming
Number of pages: 103 Posted: 08 Jun 2017 Last Revised: 29 Mar 2018
Derek W. Black
University of South Carolina - School of Law
Downloads 844 (53,624)

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fundamental right to education, constitutional right to education, reconstruction, civil war, education, inequality, funding, democracy,republican form of government, citizenship

3.

Federalizing Education by Waiver?

68 Vanderbilt Law Review 607 (2015)
Number of pages: 74 Posted: 24 Aug 2014 Last Revised: 22 Apr 2015
Derek W. Black
University of South Carolina - School of Law
Downloads 556 (91,941)

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federalization, education, waiver, conditional waiver, federally funded programs, delegation doctrine, spending clause doctrine, national curriculum, tenure, teacher evaluation

4.

The Constitutional Limit of Zero Tolerance in Schools

Minnesota Law Review, Forthcoming
Number of pages: 59 Posted: 27 Jan 2014 Last Revised: 15 Jul 2014
Derek W. Black
University of South Carolina - School of Law
Downloads 477 (110,981)
Citation 1

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schools, students, discipline, zero tolerance, expulsion, suspension, due process, constitution, rights

5.

Preferencing Educational Choice: The Constitutional Limits

Cornell Law Review, Forthcoming
Number of pages: 54 Posted: 25 Oct 2017
Derek W. Black
University of South Carolina - School of Law
Downloads 473 (112,091)

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Charter School, Voucher, Education Tax Credit, School Funding, Right to Education, Segregation, Unequal Opportunity, Adequate Education, Public School, School Choice

6.

Averting Educational Crisis: Funding Cuts, Teacher Shortages, and the Dwindling Commitment to Public Education

Washington University Law Review, Forthcoming
Number of pages: 45 Posted: 12 Mar 2016 Last Revised: 20 Apr 2016
Derek W. Black
University of South Carolina - School of Law
Downloads 403 (135,099)

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school funding, school finance, budget cuts, constitutional right to education, adequate education, equal education, separation of powers, teacher quality, teacher shortage, education quality

7.

Education Law: Equality, Fairness, and Reform

WVU Law Research Paper No. 2013-10
Number of pages: 34 Posted: 27 May 2013 Last Revised: 15 Nov 2017
University of South Carolina - School of Law, Loyola University of New Orleans College of Law, West Virginia University College of Law and Pace University - School of Law
Downloads 398 (137,013)

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education law, race, segregation, discrimination, gender, poverty, school finance,disability, special education, English Language Learners, English as a Second Language, Immigrant, Latino Student, Bilingual Education, Freedom of Speech, Freedom of Expression, Sex Harassment, Religion, Charter School

8.

The Constitutional Challenge to Teacher Tenure

California Law Review, Vol. 104, 2016
Number of pages: 65 Posted: 25 Feb 2015 Last Revised: 16 Oct 2015
Derek W. Black
University of South Carolina - School of Law
Downloads 375 (146,547)

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constitutional right to education, fundamental right to education, teachers, tenure, Vergara

9.

Reforming School Discipline

Northwestern University Law Review, Forthcoming
Number of pages: 65 Posted: 30 Mar 2016 Last Revised: 17 Jun 2016
Derek W. Black
University of South Carolina - School of Law
Downloads 327 (170,195)
Citation 1

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school discipline, zero tolerance, racial disparities, school quality, right to education, restorative justice, positive behavioral supports, discipline reform, suspensions, expulsions

10.

Charter Schools, Vouchers, and the Public Good

Wake Forest Law Review, 2013
Number of pages: 43 Posted: 11 Jun 2013
Derek W. Black
University of South Carolina - School of Law
Downloads 319 (174,710)
Citation 2

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public good, voucher, charter, segregation, choice, integration, democratic education, competition, inclusion, dissent, segregation, achievement, group good, collective good, private good, finances, facilities, resources

11.

The Fundamental Right to Education

Notre Dame Law Review, Vol. 94, 2019
Number of pages: 50 Posted: 22 Oct 2018
Derek W. Black
University of South Carolina - School of Law
Downloads 306 (182,467)

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fundamental right, education, originalism, citizenship

12.

Religion, Discrimination, and the Future of Public Education

UC Irvine Law Review, Forthcoming
Number of pages: 51 Posted: 19 Dec 2022
Derek W. Black
University of South Carolina - School of Law
Downloads 225 (248,297)

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free exercise of religion, establishment of religion, charter schools, vouchers, discrimination, school funding, state actors

13.

Localism, Pretext, and the Color of School Dollars

Minnesota Law Review, 2023 Forthcoming
Number of pages: 50 Posted: 17 Apr 2022
Derek W. Black
University of South Carolina - School of Law
Downloads 201 (275,695)

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14.

Middle Income Peers as Educational Resources and the Constitutional Right to Equal Access

Boston College Law Review, Vol. 53, p. 1, 2012
Number of pages: 70 Posted: 24 Feb 2012 Last Revised: 15 Oct 2015
Derek W. Black
University of South Carolina - School of Law
Downloads 177 (308,905)

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desegregation, integration, diversity, student assignment, school finance, school quality, equal education, adequate education, education, middle income schools, middle income peers, poverty, race, racial isolation

15.

The Congressional Failure to Enforce Equal Protection Through the Elementary and Secondary Education Act

Boston University Law Review, Vol. 90, p. 313, 2010
Number of pages: 62 Posted: 13 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 143 (369,576)

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school funding, school equity, equal protection, education policy, Title I, Elementary and Secondary Education Act, federal education funding

16.

Freedom, Democracy, and the Right to Education

Northwestern University Law Review, Vol. 116, No. 4, Forthcoming
Number of pages: 66 Posted: 13 Sep 2021 Last Revised: 28 Oct 2021
Derek W. Black
University of South Carolina - School of Law
Downloads 141 (373,623)
Citation 3

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right to education, slavery, freedom, democracy, republican form of government, fourteenth amendment, thirteenth amendment, guarantee clause, badges and incidents of slavery, liberty

17.

Equality of Opportunity and the Schoolhouse Gate

Yale Law Journal, Vol. 128, No. 2302, 2019, Cardozo Legal Studies Research Paper No. 584
Number of pages: 54 Posted: 17 Jun 2019 Last Revised: 20 Aug 2019
Michelle Adams and Derek W. Black
University of Michigan Law School and University of South Carolina - School of Law
Downloads 134 (388,839)

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right to education, equal opportunity, constitutional rights, Supreme Court, desegregation, fundamental rights, students, civil rights

18.

Civil Rights, Charter Schools, and Lessons to Be Learned

Florida Law Review, Vol. 64, p. 1723, 2012
Number of pages: 60 Posted: 05 Jan 2013
Derek W. Black
University of South Carolina - School of Law
Downloads 123 (415,282)

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charter schools, segregation, school segregation, equal educational opportunity, school finance, fundamental right to education, equal opportunity, civil rights, no child left behind

19.

Taking Teacher Quality Seriously

William & Mary Law Review, Vol. 57, No. 2, 2016
Number of pages: 73 Posted: 21 May 2016
Derek W. Black
University of South Carolina - School of Law
Downloads 117 (431,076)

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quality teacher, quality education, equal education, adequate education, school funding

20.

Educational Gerrymandering: Money, Motives, and Constitutional Rights

New York University Law Review, Vol. 94, 2019
Number of pages: 75 Posted: 03 Dec 2019
Derek W. Black
University of South Carolina - School of Law
Downloads 116 (433,798)

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right to education, school funding, gerrymandering, equal education, adequate education, constitutional rights, equal protection

21.

Cultural Norms and Race Discrimination Standards: A Case Study in How the Two Diverge

Connecticut Law Review, Vol. 43, No. 503, 2010
Number of pages: 44 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 112 (445,229)

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intentional discrimination, cultural bias, subconscious bias, racial bias, race discrimination

22.

Picking Up the Pieces after Alexander v. Sandoval: Resurrecting a Private Cause of Action for Disparate Impact

North Carolina Law Review, Vol. 81, No. 356, 2002
Number of pages: 36 Posted: 07 Nov 2014
Derek W. Black
University of South Carolina - School of Law
Downloads 108 (457,388)

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23.

In Defense of Voluntary Desegregation: All Things are Not Equal

Wake Forest Law Review, Vol. 44, p. 107, 2009
Number of pages: 76 Posted: 13 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 82 (547,206)

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school segregation, school integration, race segregation, race desegregation, school segregation, school integration, equal education opportunity, concentrated poverty, poverty segregation, affirmative action, racial isolation, poverty isolation

24.

Unlocking the Power of State Constitutions with Equal Protection: The First Step Toward Education as a Federally Protected Right

William and Mary Law Review, Vol. 51, p. 1343, 2010
Number of pages: 74 Posted: 13 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 80 (555,338)

Abstract:

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education adequacy, education equity, school finance, fundamental right to education, constitutional right to education, federal education, school funding, school equity, education equity

25.

The Contradiction Between Equal Protection’s Meaning and Its Legal Substance: How Deliberate Indifference Can Cure It

William & Mary Bill of Rights Journal, Vol. 15, p. 533, 2006
Number of pages: 54 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 72 (589,395)

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discrimination, intent, intentional discrimination, race discrimination, equal protection, racial bias, subconscious bias, race bias, fourteenth amendment, discrimination

26.

Education's Elusive Future, Storied Past, and the Fundamental Inequities Between

Georgia Law Review, Vol. 46, No. 3, 2012
Number of pages: 51 Posted: 08 Jul 2012
Derek W. Black
University of South Carolina - School of Law
Downloads 61 (642,696)

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education, equal education opportunity, segregation, poverty, school finance, jim crow, brown v board of education, charter schools, no child left behind, elementary and secondary education act, standardized testing, civil rights, education rights, historical forces, education reform

27.

The Case for the New Compelling Government Interest: Improving Educational Outcomes

North Carolina Law Review, Vol. 80, No. 923, 2002
Number of pages: 52 Posted: 07 Nov 2014
Derek W. Black
University of South Carolina - School of Law
Downloads 59 (653,277)
Citation 1

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integration, diversity, educational benefits

28.

The Mysteriously Reappearing Cause of Action: The Court’s Expanded Concept of Intentional Gender and Race Discrimination in Federally Funded Programs

Maryland Law Review, Vol. 67, No. 358, 2008
Number of pages: 67 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 54 (681,077)

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Title IX, Title VI, discrimination in federal programs, intentional discrimination, private cause of action for discrimination, sexual harassment, racial harassment, retaliation

29.

Turning Stones of Hope into Boulders of Resistance: The First and Last Task of Social Justice Curriculum, Scholarship, and Practice

North Carolina Law Review, Vol. 86, 2008
Number of pages: 49 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 50 (704,891)

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social justice, legal education, law students, hope, John Calmore

30.

The Uncertain Future of School Desegregation and the Importance of Good Will, Good Sense, and a Misguided Decision

Catholic University Law Review, Vol. 57, p. 947, 2008
Number of pages: 44 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 47 (723,898)

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grutter, parents involved, voluntary desegregation, diversity, affirmative action, racial isolation, integration, desegregation

31.

A Framework for the Next Civil Rights Act: What Tort Concepts Reveal About Goals, Results, and Standards

Rutgers Law Review, Vol. 60, p. 262, 2008
Number of pages: 76 Posted: 14 Oct 2011
Derek W. Black
University of South Carolina - School of Law
Downloads 40 (771,763)

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civil rights, legislation, discrimination, intentional discrimination, intent standard, morality

32.

Fisher v. Texas and the Irrelevance of Function in Race Cases

Howard Law Journal, Vol. 57, No. 477, 2014
Number of pages: 36 Posted: 18 Jul 2014
Derek W. Black
University of South Carolina - School of Law
Downloads 37 (793,485)

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affirmative action, race discrimination, diversity, admissions, racial equality

33.

The Education Power

Virginia Law Review, Forthcoming
Number of pages: 64 Posted: 02 Feb 2024
Derek W. Black
University of South Carolina - School of Law
Downloads 20 (940,839)

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