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Articles 1 - 30 of 254
Full-Text Articles in Entire DC Network
Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo
Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo
Master's Theses
Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Copyrights In Faculty-Created Works: How Licensing Can Solve The Academic Work-For-Hire Dilemma, Glenda A. Gertz
Washington Law Review
Many copyrightable works of university faculty members may be works-for-hire as defined under current U.S. copyright laws. Copyrights in works-for-hire are treated differently than copyrights in other works with respect to ownership, duration, termination rights, and requirements for transfer. Ambiguity over whether a specific faculty-created work is a work-for-hire creates legal uncertainties and potential future litigation about the initial ownership of the copyright, length of the copyright term, and termination rights which could impact all future transfers and licensing. Many universities have attempted to define ownership of faculty-created works through university policies. These policies are ineffective to alter the presumption …
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Members Only: Undocumented Students & In-State Tuition, Angela M. Banks
Faculty Publications
No abstract provided.
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
How (And Why) Nclb Failed To Close The Achievement Gap:Evidence From North Carolina, 1998-2004, Roslyn Mickelson, Jason Giersch, Elizabeth Stearns, Stephanie Moller
The Bridge: Interdisciplinary Perspectives on Legal & Social Policy
Recent state and national policy changes for public education are premised upon the idea that high-stakes tests can improve student outcomes and close achievement gaps. Opponents maintain that such policies fail on both counts. Using a unique longitudinal dataset from North Carolina, we find that high-stakes tests have failed to close achievement gaps associated with social class and race, and that the persistence of these gaps is related, at least in part, to academic tracking. Such findings add to the questions being raised about such policies as No Child Left Behind.
Off Sunset Boulevard: Students, Homelessness And Disability In Los Angeles- Idea, Mckinney Vento And The Void In Between, Remy Krumpak
Off Sunset Boulevard: Students, Homelessness And Disability In Los Angeles- Idea, Mckinney Vento And The Void In Between, Remy Krumpak
LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University
Homeless youth with a disability must overcome many barriers to receive the meaningful, individualized education they are legally entitled to. Over the last two decades, the Individuals with Disabilities Education Act and the McKinney-Vento Act have begun to acknowledge the challenges that exist for this population. These laws require school districts to identify homeless youth with a disability, allow them immediate enrollment and access to special education services, and free transportation to school. This article examines the Los Angeles Unified School District as a case study for policy implementation. In analyzing the success of the policies as implemented, this article …
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Religious Education And The Historical Method Of Constitution Interpretation - A Review Article, Robert Rodes
Robert Rodes
No abstract provided.
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman
Eileen Kaufman
In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …
Charter School Authorizers, Reed Greenwood, Gary W. Ritter
Charter School Authorizers, Reed Greenwood, Gary W. Ritter
Policy Briefs
Two types of charter schools exist in Arkansas: open-enrollment charter schools, which operate independently of any district, and district conversion charter schools, which operate within an existing school district. Charter schools have more autonomy on certain rules and regulations than traditional public schools; however, charter schools are held accountable for academic results and fiscal matters, as defined by the charters contract. Charter schools are approved and held accountable by a charter authorizer. In the 2013 General Assembly, a law passed to change Arkansas’ charter authorizer from the State Board of Education to a newly created panel within the Department of …
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin
Seattle University Law Review
Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Postsecondary Athletics And The Law: A Selected Bibliography, Edmund P. Edmonds
Edmund P. Edmonds
Although sports have for many years been an integral part of American higher education, it was not until recent years that athletics in colleges and universities became enmeshed in legal problems. The heightened interest in the legal aspects of sports is apparent to even the most casual reader of the daily sports pages, and it is increasingly becoming a major concern of administrators in American colleges. Because of this interest one finds a number of articles appearing in law reviews in recent times, when in the past they were almost non-existent. In fact, the existence of this symposium issue is …
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
“Appropriate” Decisions Under The Individuals With Disabilities Education Act, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Adjudicative Remedies For Denials Of Fape Under The Idea, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
Richard W Garnett
No abstract provided.
The Theology Of The Blaine Amendments, Richard W. Garnett
The Theology Of The Blaine Amendments, Richard W. Garnett
Richard W Garnett
The Supreme Court affirmed, in Zelman v. Simmons-Harris, that the Constitution permits us to experiment with school-choice programs and, in particular, with programs that include religious schools. However, the constitutions of nearly forty States contain provisions - generically called Blaine Amendments - that speak more directly and, in many cases, more restrictively, than does the First Amendment to the flow of once-public funds to religious schools. This Article is a series of reflections, prompted by the Blaine Amendments, on education, citizenship, political liberalism, and religious freedom. First, the Article considers what might be called the federalism defense of the provisions. …
The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett
The Right Questions About School Choice: Education, Religious Freedom, And The Common Good, Richard W. Garnett
Richard W Garnett
No abstract provided.
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Education Reform At The Crossroads: Politics, The Constitution, And The Battle Over School Choice, Richard W. Garnett
Richard W Garnett
No abstract provided.
Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall
Bush V. Holmes: School Vouchers, Religious Freedom, And State Constitutions, Richard W. Garnett, Christopher S. Pearsall
Richard W Garnett
No abstract provided.
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Richard W Garnett
The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick
Barbara J. Fick
This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
School Choice, The First Amendment, And Social Justice, Nicole Stelle Garnett, Richard W. Garnett
Nicole Stelle Garnett
No abstract provided.
A Winn For Educational Pluralism, Nicole Stelle Garnett
A Winn For Educational Pluralism, Nicole Stelle Garnett
Nicole Stelle Garnett
This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Nicole Stelle Garnett
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Are Charters Enough Choice? School Choice And The Future Of Catholic Schools, Nicole Stelle Garnett
Nicole Stelle Garnett
No abstract provided.
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Affordable Private Education And The Middle Class City, Nicole Stelle Garnett
Nicole Stelle Garnett
This Essay, which was prepared for a University of Chicago Law School’s symposium on “Rethinking the Local Government Toolkit,” argues that affordable private schools serve an important urban-development function: They partially unbundle the residential and educational decisions of families with children. Thus, state and local officials hoping to make our make central city neighborhoods attractive places to raise children should consider employing a familiar urban development tool - tax incentives - to make quality private schools more financially accessible to middle-income families. The Essay proceeds in three parts. Part I builds the case for a middle class city. Part II …
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …
Update: The Supreme Court And Affirmative Action, Charles J. Russo
Update: The Supreme Court And Affirmative Action, Charles J. Russo
Educational Leadership Faculty Publications
Few issues in education have generated more ongoing controversy during the last half-century than affirmative action. Supporters view it as a positive step to eliminate the effects of past discrimination. Conversely, critics speak of race-conscious policies that they maintain create greater problems by failing to address how granting preferences today remedies past inequities.
Although typically more contentious in higher education, affirmative action is the centerpiece of this column because of the impact that race-conscious policies can have on K–12 schools.
Tinker-Ing With Speech Categories: Solving The Off-Campus Student Speech Problem With A Categorical Approach And A Comprehensive Framework, Scott Dranoff
William & Mary Law Review
No abstract provided.
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin
Qualitative Legal Research: Issues Pertaining To Student Use Of Personal Handheld Technology, Corie Franklin
Doctoral Dissertations and Projects
In an effort to support school leaders in policy development, this research is an evaluation of jurisprudence related to student use of personal handheld devices. The qualitative legal analyses of 15 recent court cases representing both federal and state jurisdictions were analyzed to determine patterns and trends within the decisions of the courts. The researcher sought to identify the following: The way the U.S. courts addressed the balance between students' civil liberties and the interest of school officials in maintaining and operating safe, orderly, efficient, and effective learning environments. The identifiable trends within the legal cases related to student use …
Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig
Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig
Margaret F Brinig
No abstract provided.
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Catholic Schools, Charter Schools, And Urban Neighborhoods, Margaret F. Brinig, Nicole Stelle Garnett
Margaret F Brinig
This paper addresses implications for urban neighborhoods of two dramatic shifts in the American educational landscape: (1) the rapid disappearance of Catholic schools from urban neighborhoods, and (2) the rise of charter schools. In previous studies, we linked Catholic school closures to increased disorder and crime, and decreased social cohesion, in Chicago neighborhoods. This paper turns to two questions unanswered in our previous investigations. First, because we focused exclusively on school closures in our previous studies, we were uncertain whether our results reflected the work that open Catholic schools do as neighborhood institutions or whether we were finding a “loss …