Open Access. Powered by Scholars. Published by Universities.®

Education Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Selected Works

PDF

Keyword
Publication Year
Publication

Articles 31 - 60 of 420

Full-Text Articles in Education

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo Mar 2017

Making Room At The Inn: Implications Of 'Christian Legal Society V. Martinez' For Public University Housing Professionals, Michael D. Waggoner, Charles J. Russo

Charles J. Russo

The Supreme Court ruling in Christian Legal Society v. Martinez, its most important case to date on student associational activities, upheld a policy at a public law school in California that required recognized student organizations (or clubs) to admit "all-comers" even if they disagreed with organizational goals and values, rather than retracing the work of Moran and her colleagues, who examined related issues such as religious expression in public areas of residence halls, this article analyzes the potential impact of CLS, since membership in campus organizations clearly overlaps with the kinds of issues that students and housing professionals deal …


Handbook Of Comparative Higher Education Law, Charles J. Russo Mar 2017

Handbook Of Comparative Higher Education Law, Charles J. Russo

Charles J. Russo

The Handbook of Comparative Higher Education Law addresses legal issues from institutions of higher learning in seventeen countries on all six inhabited continents in a reader friendly manner. All chapters follow the same outline on institutional issues, faculty rights, student rights, and emerging issues so that similarities and differences can be compared. An introductory chapter provides an overview on the legal status of higher education as selected in various international covenants. In addition, a concluding chapter draws the themes addressed throughout the book together and centers on the concept of best practice management. This book serves as valuable resource for …


Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo Mar 2017

Key Legal Issues For Schools: The Ultimate Resource For School Business Officials, Charles J. Russo

Charles J. Russo

School business officials (SBOs) must, in many respects, serve as all things to all people in their workplaces. Put another way, SBOs must be knowledgeable about a wide range of legal issues ranging from contracts to setting policy to state biding laws let alone constitutional matters involving the rights of students and teachers. Aware of the fact that issues involving the law are at the heart of many of a SBO’s duties, the chapters in this edited book have been written by a diverse array of individuals with experience as educational leaders in schools and/ or who possess significant expertise …


Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter Mar 2017

Global Interest In Student Behavior: An Examination Of International Best Practices, Charles J. Russo, Izak Oosthuizen, Charl C. Wolhuter

Charles J. Russo

A cornerstone for effective teaching and learning is vested in the quality of the way in which students focus on the content of their lessons. The chapters in this book, then, offer cross-national perspectives on best practices when dealing with the challenge of student misconduct. The chapter authors, all distinguished academics and/ or jurists, have contributed their reviews of the state of the law and practice in their nations. As readers peruse the chapters, they will recognize that the way in which educators address student discipline varies around the world. The first book of its kind, this volume consists of …


'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo Mar 2017

'Mergens V. Westside Community Schools' At Twenty-Five And 'Christian Legal Society V. Martinez': From Live And Let Live To My Way Or The Highway?, Charles J. Russo

Charles J. Russo

The United States Congress passed the Equal Access Act (EAA)1 and forwarded it to President Ronald W. Reagan, who signed it into law on August 11, 1984.2 The EAA was enacted in response to Widmar v. Vincent, 3 a 1980 Supreme Court case from higher education where the Justices ushered in a renaissance of sorts in religious liberty. In Widmar, treating religious expression as a subset of free speech,4 the Court ruled that officials at a state university in Missouri could not deny a Christian group access to institutional facilities so long as the university permitted other organizations to meet …


Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett Mar 2017

Sector Agnosticism And The Coming Transformation Of Education Law, Nicole Stelle Garnett

Nicole Stelle Garnett

Over the past two decades, the landscape of elementary and secondary education in the United States has shifted dramatically, due to the emergence and expansion of privately provided, but publicly funded, schooling options (including both charter schools and private-school choice devices like vouchers, tax credits and educational savings accounts). This transformation in the delivery of K12 education is the result of a confluence of factors—discussed in detail below—that increasingly lead education reformers to support efforts to increase the number of high quality schools serving disadvantaged students across all three educational sectors, instead of focusing exclusively on reforming urban public schools. …


Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq Feb 2017

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A bibliography of sources on the research we did on prostitution and sex trafficking and the advocacy work we did to end decriminalized prostitution. For 29 years prostitution was decriminalized in Rhode Island (if it occurred indoors). Sexual exploitation and violence against women and girls were integrated into economic development. The number of sex businesses grew rapidly and organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, sex traffickers, and other violent criminals. The lack of laws impeded police from investigating serious crimes, including sex trafficking


The Middle Class, Urban Schools, And Choice, Michael Lewyn Dec 2016

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb. 

 This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations because …


Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker Dec 2016

Campus Misconduct, Sexual Harm And Appropriate Process: The Essential Sexuality Of It All, Katharine K. Baker

Katharine K. Baker

No abstract provided.


Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps Oct 2016

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to …


Fiat Flux: Evolving Purposes And Ideals Of The Great American Public Law School, Christopher Edley Jr Aug 2016

Fiat Flux: Evolving Purposes And Ideals Of The Great American Public Law School, Christopher Edley Jr

Christopher Edley

This Essay describes the changing role of American law schools throughout the twentieth century and proposes a vision for the future's Great American Law School. Since the founding of Berkeley Law, the definition of the legal profession has progressed from an interior orientation, which focused predominately on trial courts and appellate advocacy, to an exterior orientation with wide consideration of other forms of lawyering. Along a second axis, legal pedagogy has progressed from a careerist orientation, which focused on case analysis and advocacy skills, to a more academic orientation that integrates questions of theory and methodology. Analyzing these trends, this …


The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett Jun 2016

The Legal Landscape Of Parental-Choice Policy, Nicole Stelle Garnett

Nicole Stelle Garnett

Private school choice programs raise important legal questions regarding students’ rights to an education, parents’ rights to choose their children’s schools, state constitutions, race and disability, and religious liberty.


Examining The Paradox Between Dismantling De Jure Segregation And Affirmative Action: Implications From Contemporary Higher Education Case Law, Robert T. Palmer Phd, Tiffany Boykin-Fountaine, Phd Apr 2016

Examining The Paradox Between Dismantling De Jure Segregation And Affirmative Action: Implications From Contemporary Higher Education Case Law, Robert T. Palmer Phd, Tiffany Boykin-Fountaine, Phd

Robert T. Palmer, PhD

The racial diversification of America’s higher education system has been at the forefront of legal argument for the last seventy-five years. Ground-breaking decisions birthed the inclusion of affirmative action policies in higher education after the enactment of the Civil Rights Act of 1964. In recent years, both the utility and constitutionality of race-based admission practices have been challenged, and in some cases, have threatened to destroy contemporary notions of diversity, fostered through affirmative action policies. As affirmative action policies continue to be attacked and ultimately prohibited in some states, many colleges are halting the use of racesensitive admission practices. As …


The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance Apr 2016

The Role Of The Administrator In Instructional Technology Policy, Philip T.K. Daniel, Jason P. Nance

Jason P. Nance

In response to national and state reform movements, and in an attempt to strengthen preparation standards for teachers and students, accreditation boards have prepared performance indicators in the area of technology. Such standards call for the full integration of technology in school curricula, formal coursework and professional development workshops for teachers, and an understanding on the part of teachers and students alike as to the legal and ethical issues surrounding the use of technology. The thesis of this research is that it is essential that school administrators be involved in all levels of planning and integrating technology into school curricula …


Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez Dec 2015

Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez

Thalia Gonzalez

Changing norms is a difficult process that requires society to discard previously held ideas, morals, and practices. In the case of school discipline, this means abandoning the long accepted practice of zero tolerance and its associated values, identities, and processes of punishment and exclusion. While there has been attention in the literature to changes in school discipline at the local, state, and federal levels—relative to zero tolerance—scholars have not engaged in inquires tracing the emergence of restorative justice, its consequent cascade, and institutionalization as a new norm. This Article aims to …


The Middle Class, Urban Schools, And Choice, Michael Lewyn Dec 2015

The Middle Class, Urban Schools, And Choice, Michael Lewyn

Michael E Lewyn

It is common knowledge that middle- and upper-class parents tend to disfavor urban public schools, and often move to suburbs in order to avoid having to send their children to those schools. Thus, the condition of urban public schools contributes to suburban sprawl- that is, the movement of people and jobs from city to suburb. 

            This article discusses a variety of possible solutions to the unpopularity of urban schools among middle-class parents.  Part I of the Article suggests that this problem is a cause as well as a result of middle-class flight: that is, urban schools have poor reputations …


Inga Khachaturova V. Shaun Rourke - Dismissal Of Injunction.Pdf Dec 2015

Inga Khachaturova V. Shaun Rourke - Dismissal Of Injunction.Pdf

Khachaturova V. Rourke - Dismissal of Injunction

JOINT MOTION FOR FINAL ORDER OF DISMISSAL Plaintiff, INGA KHACHATUROVA, M.D. , (hereafter “Plaintiff”), and Defendant, SHAUN PATRICK ROURKE (hereafter “Defendant”), hereby move for entry of a final order dismissing this action, and state as follows: 

Inga Khachaturova V. Shaun Rourke - Dismissal of Injunction - Injunction dismissed.


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush Dec 2015

The Anticanonical Lesson Of Huckleberry Finn, Sharon E. Rush

Sharon E. Rush

Some books included in the canon of American literature no longer belong there, because they presently lack normative approval. Adapting concepts found in constitutional law, an anticanon of American literature functions the way the anticanon of constitutional law would operate and explicitly removes books from the canon. In law, the anticanon identifies outdated interpretations of the constitution. In education, it is time to consider removing from the canon and placing in an anticanon books that are inconsistent with multicultural education. One such book is Mark Twain's Huckleberry Finn, which is part of the canon of American literature and viewed as …


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Nov 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon Nov 2015

Where Tradition Meets Innovation: Providing A Practice-Oriented Curriculum, Andrea Lyon

Andrea D. Lyon

No abstract provided.


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Oct 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


International Adoption & International Comity: When Is Adoption Repugnant, Malinda L. Seymore Jul 2015

International Adoption & International Comity: When Is Adoption Repugnant, Malinda L. Seymore

Malinda L. Seymore

Do judges have the authority to recognize decrees of foreign adoption? Since 1989, over 167,000 parents of children adopted in other countries have needed to know the answer to that question. Adoption creates a parent-child relationship that is not legally different from a biologically created parent-child relationship. Parents are entitled to the same rights and owe the same obligations to adopted children as they do to biological children, and adopted children are entitled to the same benefits as biological children. Adopted children are entitled to the financial support of their parents to the same extent as biological children. Thus, in …


The Vote On Bilingual Education And Latino Identity In Massachusetts, Jorge Capetillo-Ponce Jun 2015

The Vote On Bilingual Education And Latino Identity In Massachusetts, Jorge Capetillo-Ponce

Jorge Capetillo-Ponce

In November 2002, the Massachusetts electorate voted overwhelmingly to pass Referendum Ballot Question 2 (Q. 2), sponsored by California millionaire Ron Unz. The passage of this initiative by close to 70% of the voters effectively ended bilingual education in the state as it had been known for thirty years. Exit polling done at selected cities in Massachusetts by the Mauricio Gaston Institute and UMass Poll revealed, however, that out of a total 1,491 Latinos polled, a vast majority of them, around 93%, had voted in favor of rejecting Q. 2 and keeping bilingual education in place. Indeed, Q. 2 became …


Tyranny Of The Meritocracy?: A Disputation Over Testing With Professor Lani Guinier, Dan Subotnik May 2015

Tyranny Of The Meritocracy?: A Disputation Over Testing With Professor Lani Guinier, Dan Subotnik

Dan Subotnik

No abstract provided.


Embracing Change In International Program Planning: Strategies For Financing International Programs In Times Of Economic Turbulence, Diane Penneys Edelman, Toni Jaeger-Fine May 2015

Embracing Change In International Program Planning: Strategies For Financing International Programs In Times Of Economic Turbulence, Diane Penneys Edelman, Toni Jaeger-Fine

Diane Penneys Edelman

Embracing Change in International Program Planning: Strategies for Financing International Programs in Times of Economic Turbulence Law schools are being compelled to examine their ability to begin and continue international programs, and to market programs aggressively to keep them viable. Should a law school start a new program at this time? Should a law school discontinue any programs, or offset losses in programs with gains from other programs? Presentation will encourage an open discussion of strategies for developing or continuing economically feasible programs in these difficult times. Presenters: Diane Penneys Edelman, Director of International Programs, Villanova University School of Law …


The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel May 2015

The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel

Wendy F. Hensel

The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …


Vioces Of Women, Professor Vibhuti Patel Mar 2015

Vioces Of Women, Professor Vibhuti Patel

Professor Vibhuti Patel

Journey towards Gender Equality by Vibhuti Patel Professor and Head, Departmentof Economics, SNDT Women’s University, Mumbai We can observe a phenomenal growth in the number of groups and individuals working towards gender equality during the last three decades. In this current phase of the movement, thousands of grassroots women have taken leadership of the movement in their areas for gender equality. Many of the issues faced by women today have their traces in the past. The rich history of women’s movement can provide an insight into many of the contemporary problems. The successful strategies for the future cannot be built …


Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel Mar 2015

Crimes In The Name Of Honour By Prof. Vibhuti Patel, Professor Vibhuti Patel

Professor Vibhuti Patel

Crimes in the Name‘Honour’ Marriage and Spousal Selection: Choices beyond Caste, Endogamy and Religion by Vibhuti Patel Director, Centre for Study of Social Exclusion & Inclusive Policy, Professor and Head, Department of Economics, SNDT Women’s University, Mumbai-400020 Email: vibhuti.np@gmail.com Mobile-9321040048 Summary Crimes in the name of ‘honour’ are on a rise in our country. Both rural as well as urban areas are gripped with instances of horrific crimes where young citizens of our country are being killed for exercising their democratic right of choosing their life partners. The democratic minded people of our country are both shocked and distressed by …


The Court Vs. Educational Standards, Michael Heise Feb 2015

The Court Vs. Educational Standards, Michael Heise

Michael Heise

No abstract provided.