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96 Ind. L.J. 51 (2020-2021)
Designing the Legal Architecture to Protect Education as a Civil Right

handle is hein.journals/indana96 and id is 64 raw text is: Designing the Legal Architecture to Protect Education as a Civil Right KIMBERLY JENKINS ROBINSON* Although education has always existed at the epicenter of the battle for civil rights, federal and state law and policy fail to protect education as a civil right. This collective failure harms a wide array of our national interests, including our foundational interests in an educated democracy and a productive workforce. This Article proposes innovative reforms to both federal and state law and policy that would protect education as a civil right. It also explains why the U.S. approach to education federalism will require legal reforms by both levels of government to protect education as a civil right. * Elizabeth D. and Richard A. Merrill Professor of Law at the University of Virginia School of Law, Professor of Education, University of Virginia Curry School of Education and Human Development, Professor of Law, Education, and Public Policy at the Frank Batten School of Leadership and Public Policy at the University of Virginia. I am grateful for the thoughtful comments of Risa Goluboff, Deborah Hellman, Rich Hynes, Julia Mahoney, Dayna Matthews, George Rutherglen, Richard Schragger, Paul Stephan, and Greg Strauss. Eamon Dowd, Colleen Gallagher, Michael Gibbons, Catherine Guerrier, Megan Ong, Anna Rennich, Samantha Thoma, Carly Wasserman, and Christopher Yarrell provided excellent research assistance over the course of this project.

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