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Full-Text Articles in Education

Lawyer As Presidents–A Rising Trend In Higher Education (May It Please The Campus: Lawyers Leading Higher Education By Patricia E. Salkin), Timothy Fisher Jan 2023

Lawyer As Presidents–A Rising Trend In Higher Education (May It Please The Campus: Lawyers Leading Higher Education By Patricia E. Salkin), Timothy Fisher

Touro Law Review

No abstract provided.


Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr. Jan 2023

Table Talk: Short Talks On The Weightier Matters Of Law And Religion, John Witte Jr.

Center for the Study of Law and Religion Books

“Table talks” have long been a familiar genre of writing for jurists, theologians, politi­cians, and novelists. In this little volume, thirty sage reflections on how to thrive in law school and in the legal profession are offered: short commentaries on controversial matters of faith, freedom, and family; pithy sermons on difficult biblical texts about law and justice; and touching tributes to a few of his fallen heroes. Most of the thirty texts gathered here were made at seminar tables, academic roundtables, editorial tables, and Eucharist tables. Cast in avuncular form, these texts probe what makes life worth living, work worth …


Crossing The Cultural Chasm And The Power Of Listening: How We Wrote A New Tenure Code, David Larson, Linda Hanson Jan 2023

Crossing The Cultural Chasm And The Power Of Listening: How We Wrote A New Tenure Code, David Larson, Linda Hanson

Faculty Scholarship

Revising the Tenure Code of an institution of higher learning may be among the most challenging of the processes it undertakes, especially when there is a commitment to shared governance by its Board of Trustees and Faculty. At Mitchell Hamline School of Law, we recently experienced this process - both difficult and ultimately satisfying - following the combination of two law schools. In 2016, Mitchell Hamline School of Law became an independent institution formed through the combination of independent William Mitchell College of Law and Hamline School of Law, a school of Hamline University, both based in St. Paul, Minnesota. …


The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe Jan 2023

The Experiences Of Rural School Attorneys: Implications For School Leaders, Daniel A. Decino, Phillip L. Waalkes, Connor Donohoe

The Rural Educator

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school attorneys representing multiple school districts in rural areas. Three salient themes emerged (a) the work of a school attorney, (b) relationships and interactions with school personnel, and (c) insights for others. Themes provide a comprehensive picture regarding school attorneys’ roles, responsibilities, and engagements with school personnel within rural schools. Implications, including the importance …


Inclusion For Students With Intellectual Disabilities: A Philosophical Reconstruction Of The Student To Expand Access And Its Benefits, Derek Thomas Myles Daskalakes Jan 2023

Inclusion For Students With Intellectual Disabilities: A Philosophical Reconstruction Of The Student To Expand Access And Its Benefits, Derek Thomas Myles Daskalakes

Theses and Dissertations--Education Sciences

This dissertation attempts a philosophical rethinking of the concept of the student in educationally relevant disability law for the sake of expanding access to general education settings for students with intellectual disabilities (ID), without committing to the approach known as full inclusion. I show that students with ID receive significantly less access to general education settings in comparison to other student populations, and that empirical studies show this to be harmful to their learning and developmental outcomes. Discussion of this problem in the inclusion literature assumes one of two positions that separately support either maintaining the status quo regarding the …


How Scotus's Recent Decision On The Cheerleader Case Impacts Public School Students' Due Process Rights For Their Off-Campus Conduct, Abby Efron Jan 2023

How Scotus's Recent Decision On The Cheerleader Case Impacts Public School Students' Due Process Rights For Their Off-Campus Conduct, Abby Efron

St. Mary's Law Journal

No abstract provided.


Front Matter Jan 2023

Front Matter

BYU Education & Law Journal

No abstract provided.


The Costs Of A Free And Public Education: An Analysis Of A School District's Student Fees, Jacob D. Skousen, Ellianna Rodriguez Jan 2023

The Costs Of A Free And Public Education: An Analysis Of A School District's Student Fees, Jacob D. Skousen, Ellianna Rodriguez

BYU Education & Law Journal

Since the late 1800s U.S. states have provided a “centrally administered organization of public schools, overseen by a state superintendent or department of education and financed by state income tax revenues in addition to local taxes.” States have governed a system of public schools through the states’ constitutions. Each state’s constitution has a statement identifying the state as being responsible to provide its citizenry with a public education and in the majority of states’ constitutions there is further clarification noting that this education is provided free of charge. An example of this statement can be found in Nevada’s State Constitution, …


Performance Gaps And Opportunities For Growth: Addressing Remote Learning In Nevada, Anna Dreibelbis-Colquitt Jan 2023

Performance Gaps And Opportunities For Growth: Addressing Remote Learning In Nevada, Anna Dreibelbis-Colquitt

BYU Education & Law Journal

Although education is not a fundamental right under the United States Constitution, it is nonetheless deemed as “perhaps the most important function of state and local governments.” The importance of education is reinforced through the Nevada Constitution. Specifically, Article 11 states that “[t]he legislature shall provide for a uniform system of common schools,” which is seen through the public school system. However, this ‘uniform’ system drastically changed two years ago with the surge in online learning.


The Dual Role Of The Campus Police Officer At Public Institutions Of Higher Education, Anne Walther Jan 2023

The Dual Role Of The Campus Police Officer At Public Institutions Of Higher Education, Anne Walther

BYU Education & Law Journal

The role of campus police officers at public institutions of higher education is multifaceted and not so clearly defined. Campus police officers are there to enforce the law, protect the students, and ensure campus safety. However, these officers also have to manage the responsibilities and privileges that come with holding the dual role as both a law enforcement officer and a school official. For example, while police officers at these institutions carry out many traditional police functions such as investigating criminal offenses, making arrests, and enforcing the law; they often also have additional responsibilities that fall outside of those typical …


"I Feel Like A Dumping Ground" - Legal Issues Surrounding Paraprofessionals In Schools, Catherine Robert, Maureen Fox Jan 2023

"I Feel Like A Dumping Ground" - Legal Issues Surrounding Paraprofessionals In Schools, Catherine Robert, Maureen Fox

BYU Education & Law Journal

School employees serving in non-professional clerical and support roles are commonly referred to as paraprofessionals. While professional staff include teachers, counselors, and administrators, paraprofessionals serving in instructional roles (also called teaching assistants) such as classroom aides, computer lab monitors, and library aides comprise almost 13% of elementary and secondary employment. Paraprofessionals perform a wide variety of tasks including literacy support in a regular classroom, behavioral support of students, and supporting medical needs of students receiving special education services. The medical needs of students include changing feeding tubes, clearing airways, changing diapers, and physically moving students. As the staff members most …


Reasonable Accommodation Requests: Fair Evaluation And The Role Of Decision Makers, Mona Hawkins Jan 2023

Reasonable Accommodation Requests: Fair Evaluation And The Role Of Decision Makers, Mona Hawkins

Theses and Dissertations

The purpose of this qualitative study was to examine fair evaluations and the role of the decision-makers in the reasonable accommodation process. In many instances, fair evaluations in the reasonable accommodation process which disabled employees experienced, were challenging and looked upon as perceived discrimination in decision-making process. A review of the literature identified further clarification and insight into educating decision-makers about the disability laws, and then altering their behavior in granting reasonable accommodations. The literature progressed with discussions surrounding why every qualified disabled employee should be accommodated as long as the reasonable accommodation is not an undue hardship to the …


The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson Jan 2023

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

St. Mary's Law Journal

No abstract provided.


Relations Between On-The-Job Stress, Mental And Physical Health, And Job Satisfaction Of Correction Officers, Sarah Chandebal Jan 2023

Relations Between On-The-Job Stress, Mental And Physical Health, And Job Satisfaction Of Correction Officers, Sarah Chandebal

Theses and Dissertations

This research study aimed to examine the direct and indirect relationships between on-the-job stress, physical and mental health, and job satisfaction for correction officers. Correction officers have one of the most stressful jobs in law enforcement, however, they are one of the most understudied groups in their field. It is therefore important to examine how stress can affect these correction officers. In this study, the predictors of stress for correction officers were discussed, along with the impact that this stress can have on their physical and mental health. Ultimately, as their health declined, it was hypothesized that the job satisfaction …


Perceptions Of School Resource Officers On Their Role In Southern Maryland Public Elementary Schools, Lori B. Lodge Jan 2023

Perceptions Of School Resource Officers On Their Role In Southern Maryland Public Elementary Schools, Lori B. Lodge

Theses and Dissertations

This applied dissertation was designed to investigate the perceptions of school resource officers (SROs) in Southern Maryland regarding the support SROs could provide elementary schools to foster positive interpersonal relationships while maintaining school safety and what additional resources that the SROs needed to support their job.

The overall school climate and morale at some elementary schools have significantly decreased due to increased student-aggressive behaviors. The school climate is correlated to student academic success (Sanders et al., 2018). School climate can include safety, interpersonal relationships, teaching and learning, and the school environment.

There is a need for school resource officers in …


How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams Jan 2023

How A Professional Describes Reasons For Working In And Ultimately Leaving The Foster Care Field In The State Of Missouri: A Case Study, Lauren Williams

MSU Graduate Theses

The foster care field continues to have a high turnover rate of the professionals working in the field. While support and work balance are available for some professionals, many face the challenges of heavy workloads, unrealistic expectations, and health sacrifices that lead to many professionals leaving the field. This case study of one former foster care professional’s description of reasons they worked in the field, and reasons they ultimately left the field provides insight of the challenges and support as a foster care professional. The findings of this study are organized into three major themes including “Challenges for Foster Care …


Decoupling Property And Education, Nicole Stelle Garnett Jan 2023

Decoupling Property And Education, Nicole Stelle Garnett

Journal Articles

Over the past several years, the landscape of K–12 education policy has shifted dramatically, thanks in part to increasing prevalence of parental-choice policies, including intra- and inter-district public school choice, charter schools, and private-school choice policies like vouchers and (most recently) universal education savings accounts. These policies decouple property and education by delinking students’ educational options from their residential addresses. The wisdom and efficacy of parental choice as education policy is hotly debated. This Essay takes a step back from these education-policy debates and examines the underappreciated fact that decoupling property and education also advances at least economic development goals. …


Evading A Race-Conscious Constitution, Cara Mcclellan Jan 2023

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …


Opportunities For Transformation: Equity, Diversity, And Inclusion Across The Developmental Disabilities Network, Lydia Ocasio-Stoutenburg, Jacy Farkas Jan 2023

Opportunities For Transformation: Equity, Diversity, And Inclusion Across The Developmental Disabilities Network, Lydia Ocasio-Stoutenburg, Jacy Farkas

Developmental Disabilities Network Journal

No abstract provided.


Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis Jan 2023

Higher Education Redress Statutes: A Preliminary Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis

University of Colorado Law Review

No abstract provided.


Restoring Confidence In Educational Technologies, Ariel Newman Jan 2023

Restoring Confidence In Educational Technologies, Ariel Newman

Faculty Works

No abstract provided.


Creating A Better, Fairer Criminal Justice System, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris Jan 2023

Creating A Better, Fairer Criminal Justice System, David A. Harris, Created And Presented Jointly By Students From State Correctional Institution - Greene, Waynesburg, Pa, And University Of Pittsburgh School Of Law, Chief Editor: David A. Harris

Articles

In the Fall 2022 semester, 14 law (Outside) students from the University of Pittsburgh School of Law and 14 incarcerated (Inside) students at the State Correctional Institution at Greene, in Waynesburg, Pennsylvania, took a full-semester class together called "Issues in Criminal Justice and the Law." The class, taught and facilitated by Professor David Harris, utilized the Inside-Out Prison Exchange Program pedagogy, emphasizing dialogic learning and peer teaching. The semester culminated with a group project, with the topic selected by the students: "creating a better, fairer criminal justice system." Members of the class organized themselves into small groups, each working for …


The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran Jan 2023

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Sameer M. Ashar, Benjamin H. Barton, Michael J. Madison, Rachel F. Moran

Articles

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …


Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin Jan 2023

Government Lawyers May Be Prime Candidates For College And University Presidencies, Patricia E. Salkin

Scholarly Works

With roughly 4,000 institutions of higher education in the United States, there is a body of literature on leadership in higher education and presidents have been studies and critiqued by biographers and by scholars, yet up until now there has been scarce attention to the documented trend of lawyers leading higher education. Within the subset of lawyer presidents, one major commonality is government law experience in their career prior to the campus presidency. This article explores the unique skills and leadership that government lawyers can offer colleges and universities and provides examples of presidents with former government experience at all …


First-Line Police Supervisors’ Utilization Of Criminal Justice Higher Education, Dennis George Hippert Jan 2023

First-Line Police Supervisors’ Utilization Of Criminal Justice Higher Education, Dennis George Hippert

Theses and Dissertations

A first-line police supervisor holds a large influence over street-level police officer behavior (Ingram, et al., 2014), but little consistency exists between police agencies regarding the minimum educational requirements necessary to successfully perform the functions of a first-line police supervisor. This study explored the experiences of criminal justice degree holding first-line police supervisors in using the content of their college curriculum to guide street-level officers in acceptable use of force practices, professional communication with the public, and discretionary decision-making. Employing a grounded theory method of inquiry with a constructivist approach, this study utilized semi-structured, one-on-one interviews to examine the ways …


Exploring The Influence Of School Location On School Resource Officers’ Perceptions Of Their Roles And Priorities, Larry A. Potts Jan 2023

Exploring The Influence Of School Location On School Resource Officers’ Perceptions Of Their Roles And Priorities, Larry A. Potts

Theses and Dissertations

Despite the widespread presence of school resource officers (SROs) in public schools for decades, their proper roles and priorities have remained unsettled because those roles are often varied, complex, conflicting, and ambiguous. The purpose of this qualitative study was to understand how SROs perceive their roles and priorities and whether school location influences those perceptions. Qualitative research methods provided opportunities for one-to-one interviews with SROs and their supervisors. Two elements embedded in the design consisted of a descriptive questionnaire provided to the SROs before their interviews, and a qualitative interview question designed to elicit a percentage estimate response from SROs. …


Investigating Name, Image, And Likeness Through Project-Based Learning, Brendan O'Hallarn, Craig A. Morehead, Michelle Carpenter, Jay O'Toole Jan 2023

Investigating Name, Image, And Likeness Through Project-Based Learning, Brendan O'Hallarn, Craig A. Morehead, Michelle Carpenter, Jay O'Toole

Communication & Theatre Arts Faculty Publications

The 2021 Supreme Court ruling granting college athletes the right to monetize their name, image, and likeness (NIL) was greeted in equal measure by enthusiasm and confusion by college athletes and the institutions for which they compete. This paper suggests an approach whereby college classes can provide guidance for college athletes to navigate the nascent, evolving NIL rules and provide an opportunity for current, relevant project-based learning. The Old Dominion University Name, Image, and Likeness Knowledge Hub had limitations in its deliverable—a guide for college athletes seeking to leverage their NIL rights—but it represents a novel learning opportunity because of …


Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang Jan 2023

Family Moves And The Future Of Public Education, Elizabeth Chu, James S. Liebman, Madeleine Sims, Tim Wang

Faculty Scholarship

State laws compel school-aged children to attend school while fully funding only public schools. Especially following the COVID-19 pandemic, this arrangement is under attack — from some for unconstitutionally coercing families to expose their children to non-neutral values to which they object and from others for ignoring the developmental needs of students, particularly students of color and in poverty whom public schools have long underserved. This Article argues that fully subsidized public education is constitutional as long as public schools fulfill their mission to model and commit people to liberal democratic values of tolerance and respect for all persons as …


Doctoral Studies As Learning To Rename The World, Hyleen Mariaye Dec 2022

Doctoral Studies As Learning To Rename The World, Hyleen Mariaye

Journal of Multicultural Affairs

The reflective experience documented in this paper engages with doctoral learning from Freire’s (1968/2000) conceptual lens of naming the world. Written from the narrative lens of the supervisor, it considers how doctoral level studies in education can position both the supervisor and the candidates as agents actively reconstructing their understanding of the world and their place in it. The doctoral journey is viewed as praxis compelling researchers to expand their frames for reading the world, accommodating the other, including multiple voices and thus demonstrating commitment to a global and yet constantly contested notion of citizenship.


Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi Dec 2022

Poetry And Praxis: Lessons From An Activist Educator, Dr. Emmanuel Tabi

Journal of Multicultural Affairs

Drawing on data from a narrative multi-case study based in Toronto, Canada, this article discusses the lived experiences of one Black activist. Utilizing critical race theory, new literacy studies and the rhetoric of cultural production as theoretical frameworks, the article foregrounds the work of Ebele, a Toronto activist whose work supported the educational trajectories and emotional well-being of Black students, many of whom reported being marginalized in school. Through his creative labor, Ebele directly addressed the sociology of anti-Black racism that deeply influences the lives of Afrodiasporic people in Canada. This article continues the conversation about what it means to …