Derek W. Black

University of South Carolina - School of Law

Professor of Law

1525 Senate Street

Columbia, SC 29208

United States

SCHOLARLY PAPERS

29

DOWNLOADS
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Top 9,360

in Total Papers Downloads

5,046

SSRN CITATIONS

1

CROSSREF CITATIONS

2

Scholarly Papers (29)

1.

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 638 (41,565)

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

2.

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 633 (41,920)

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

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 521 (53,912)

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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 384 (78,141)

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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 329 (93,206)

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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 320 (96,159)

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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.

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 313 (98,597)

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

8.

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 261 (119,622)

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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

9.

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 249 (125,637)
Citation 1

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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

10.

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 230 (135,989)

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

11.

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 162 (187,331)

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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

12.

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 153 (197,719)

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fundamental right, education, originalism, citizenship

13.

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 118 (241,357)

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

14.

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 106 (260,565)

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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

15.

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 92 (286,173)

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

16.

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 88 (294,372)

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

17.

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 58 (370,866)

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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

18.

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 56 (377,271)

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

19.

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 54 (383,732)

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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

20.

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 50 (397,031)

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21.

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 42 (426,051)

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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

22.

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 37 (446,346)

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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

23.

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 31 (473,037)

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

24.

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 26 (498,891)

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

25.

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 25 (504,378)

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integration, diversity, educational benefits

26.

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 24 (510,098)

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

27.

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
Yeshiva University - Benjamin N. Cardozo School of Law and University of South Carolina - School of Law
Downloads 23 (515,796)

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

28.

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 14 (569,930)

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

29.

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 9 (608,731)

Abstract:

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