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Articles 1 - 30 of 52
Full-Text Articles in Law
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Rereading Pico And The Equal Protection Clause, Johany G. Dubon
Fordham Law Review
More than forty years ago, in Board of Education v. Pico, the U.S. Supreme Court considered the constitutionality of a school board’s decision to remove books from its libraries. However, the Court’s response was heavily fractured, garnering seven separate opinions. In the plurality opinion, three justices stated that the implicit corollary to a student’s First Amendment right to free speech is the right to receive information. Thus, the plurality announced that the relevant inquiry for reviewing a school’s library book removal actions is whether the school officials intended to deny students access to ideas with which the officials disagreed. …
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger
Visions Of The Republic Symposium: School Funding Under The Neutrality Principle: Notes On A Post-Espinoza Future, Aaron Saiger
Fordham Law Review Online
Based on current conditions, and for a variety of reasons, the best guess—and it is only a guess—is that common schooling might be forced to give way before a rigorously read First Amendment duty of the state to avoid preferring irreligion over religion. This need not signal the end of the Progressive educational vision, however. It will be possible for those committed to the values inherent in common schooling to regroup, reconsidering some of their positions in order to advance their core commitments.
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Disturbing Disparities: Black Girls And The School-To-Prison Pipeline, Leah A. Hill
Fordham Law Review Online
Recent scholarship on the school-to-prison pipeline has zeroed in on the disturbing trajectory of black girls. School officials impose harsh punishments on black girls, including suspension and expulsion from school, at alarming rates. The most recent data from the U.S. Department of Education Office for Civil Rights reveals that one of the harshest forms of discipline—out of school suspension—is imposed on black girls at seven times the rate of their white peers. In the juvenile justice system, black girls are the fastest growing demographic when it comes to arrest and incarceration. Explanations for the disproportionate disciplinary, arrest, and incarceration rates …
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Putting Students First: Why Noncitizen Parents Should Be Allowed To Vote In School Board Elections, Jennifer Butwin
Fordham Law Review Online
This Essay addresses whether noncitizen parents of school children should be allowed to vote in school board elections. They are currently prohibited from doing so in all but a dozen jurisdictions in only three states. Part I provides background on school boards of education. Part II explores the debate surrounding noncitizen voting in school board elections. It then argues that noncitizen parents’ distinct interest and stake in school board elections support affording them the right to vote in these elections. Moreover, studies show that allowing noncitizen parents to vote would increase the academic achievement of immigrant children, most of whom …
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler
Fordham Law Review
More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to bring …
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin
Fordham Law Review
Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes …
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
More Than An Academic Question: Defining Student Ownership Of Intellectual Property Rights, Kurt M. Saunders, Michael A. Lozano
Fordham Intellectual Property, Media and Entertainment Law Journal
Intellectual property is increasingly important due to technology’s rapid development. The importance of intellectual property is also reflected within universities as traditional centers of research and expression, where students and faculty are encouraged to develop inventions and creative works throughout the educational experience. The commercialization potential of the intellectual property that emerges from these efforts has led many universities to adopt policies to determine ownership of intellectual property rights. Many of these policies take different approaches to ownership, and most students are unaware of their rights and are unlikely to consider whether the university has a claim to ownership. The …
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Tinker Meets The Cyberbully: A Federal Circuit Conflict Round-Up And Proposed New Standard For Off-Campus Speech, Benjamin A. Holden
Fordham Intellectual Property, Media and Entertainment Law Journal
Tinker v. Des Moines Independent Community School District, the seminal school speech case interpreting the First Amendment to the U.S. Constitution, was decided by the U.S. Supreme Court long before mobile devices and social media upended accepted norms governing how students behave at school. The new reality has brought with it new line-drawing challenges for public schools faced with the warring requirements of school discipline on the one hand, and the First Amendment on the other. The threshold unanswered question this Article presents is whether Tinker should give jurisdiction to public schools over student speech which originates off campus. …
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau
Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau
Fordham Law Review
In 2009, state legislatures began to enact concussion safety laws to protect youth athletes suffering from traumatic brain injuries sustained during the course of play. By 2014, all fifty states and the District of Columbia had enacted some form of youth sports concussion legislation. Yet these statutes vary widely across states in terms of the protections offered to youth athletes. This Note provides an analysis of state legislation by classifying all fifty-one statutes among distinct tiers ranging from least to most protective.
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Riding The Wave Or Drowning?: An Analysis Of Gender Bias And Twombly/Iqbal In Title Ix Accused Student Lawsuits, Bethany A. Corbin
Fordham Law Review
This Article offers the first empirical analysis of dismissal trends in reverse Title IX cases and highlights that most courts erroneously dismiss these lawsuits at the 12(b)(6) stage. Through a misinterpretation of plausibility pleading, these courts hold that accused perpetrators have not shown causal evidence of discrimination at the outset of the lawsuit. This prodismissal approach, however, violates Swierkiewicz v. Sorema N.A.’s proclamation complaint. This Article proposes a more flexible causal pleading scheme that satisfies Twombly, Iqbal, and Swierkiewicz and ensures accused perpetrators receive their day in court. Alternatively, this Article argues for limited predismissal discovery in …
Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff
Equality, Centralization, Community, And Governance In Contemporary Education Law, Eloise Pasachoff
Fordham Urban Law Journal
No abstract provided.
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Education Rights And Wrongs: Publicly Funded Vouchers, State Consitutions, And Education Death Spirals, Michael Heise
Fordham Urban Law Journal
No abstract provided.
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead
The Right To An Education Or The Right To Shop For Schooling: Examining Voucher Programs In Relation To State Constitutional Guarantees, Julie F. Mead
Fordham Urban Law Journal
No abstract provided.
Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo
Legal Aspects Of Charter School Oversight: Evidence From California, Kelsey W. Mayo
Fordham Urban Law Journal
No abstract provided.
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda
Searching For Equity Amid A System Of Schools: The View From New Orleans, Robert Garda
Fordham Urban Law Journal
No abstract provided.
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools, Mitchell L. Yell, Terrye Conroy, Antonis Katsiyannis, Tim Conroy
Individualized Education Programs (Ieps) And Special Education Programming For Students With Disabilities In Urban Schools, Mitchell L. Yell, Terrye Conroy, Antonis Katsiyannis, Tim Conroy
Fordham Urban Law Journal
This Article examines the individualized education program (IEP) requirement of the Individuals with Disabilities Education Act (IDEA) and presents a method for improving the education of students with disabilities in urban settings by appropriately developing IEPs. Part I considers the unique problems facing special educations in urban school districts. Part II presents an overview of the IDEA and its requirement that school districts provide students with a free appropriate public education (FAPE). Part III examines the components of an IEP and the process for developing students’ IEPs—the key vehicle for providing a FAPE. Part IV outlines a process for developing …
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
A Poor Idea: Statute Of Limitations Decisions Cement Second-Class Remedial Scheme For Low-Income Children With Disabilities In The Third Circuit, Jennifer Rosen Valverde
Fordham Urban Law Journal
No abstract provided.
Math & Science Are Core To Ideas: Breaking The Racial And Poverty Lines, Jeffrey C. Sun, Philip T.K. Daniel
Math & Science Are Core To Ideas: Breaking The Racial And Poverty Lines, Jeffrey C. Sun, Philip T.K. Daniel
Fordham Urban Law Journal
No abstract provided.
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett
Reasonable Supervision In The City: Enhancing The Safety Of Students With Disabilities In Urban (And Other) Schools, Lynn M. Daggett
Fordham Urban Law Journal
No abstract provided.
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael Gregory, Julie Waterstone
A Solution Hiding In Plain Sight: Special Education And Better Outcomes For Students With Social, Emotional, And Behavioral Challenges, Yael Cannon, Michael Gregory, Julie Waterstone
Fordham Urban Law Journal
No abstract provided.
An Idea For Improving English Language Learners’ Access To Education, Erin Archerd
An Idea For Improving English Language Learners’ Access To Education, Erin Archerd
Fordham Urban Law Journal
English Language Learners (ELLs) and language-minority families have few promising options for receiving tailored educational services under federal law. Civil Rights era statutes like the Equal Education Opportunities Act (EEOA) designed to protect and promote ELLs’ right to an education have led to few actual changes in children’s education, and fewer still within reasonable time frames. For the subset of ELLs with disabilities, the Individuals with Disabilities Education Act (IDEA) holds out the promise of more direct and immediate improvements in their education. Part I of this Article introduces the problem through a hypothetical student, Faith, and her family. Part …
Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle, Joanna Zdanys
Turf Wars And Growing Pains: How New York Education Law Can Ease The Co-Location Battle, Joanna Zdanys
Fordham Urban Law Journal
No abstract provided.
Faculty Insights On Educational Diversity, Meera E. Deo
Faculty Insights On Educational Diversity, Meera E. Deo
Fordham Law Review
Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in these …
Moving Beyond The Safety Zone: A Staff Development Approach To Anti-Heterosexist Education, Scott Hirschfeld
Moving Beyond The Safety Zone: A Staff Development Approach To Anti-Heterosexist Education, Scott Hirschfeld
Fordham Urban Law Journal
Like the rest of the world, most teachers and administrators were raised and schooled in a society that considered homosexuality a sickness--a topic unsuitable for discussion in both classroom and faculty room. Though mainstream attitudes have shifted in recent years, LGBT issues remain largely taboo in school communities. Despite the preponderance of character education and anti-bullying programs in American classrooms today, it is evident that schools are not safe and affirming places for a significant number of students and their families. It is therefore essential to question the nature and effectiveness of the trainings and interventions schools use--if they use …
Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye
Hats Off To Claire Flom: Education And The Importance Of Being Involved , Judith S. Kaye
Fordham Urban Law Journal
This transcript of the Claire Flom lecture covers primarily two themes—the importance of early intervention, and the importance of people getting involved with the public school system and in their children - and other children's education The lecture applies these concepts first to children with special education needs and then to adolescents, kids at the brink of adulthood. The article argues that early intervening early is key to both populations and that neglected learning difficulties only worsen with the passage of time.
The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
The Mainstreaming Requirement Of The Individuals With Disabilities Education Act In The Context Of Autistic Spectrum Disorders, Conor B. Mcdonough, Ph.D.
Fordham Urban Law Journal
Children with autism or one of the related autistic spectrum disorders ("ASD") are eligible for special education under the Individuals with Disabilities Education Act ("IDEA"), which provides, in part, that disabled students must be educated with non-disabled peers as often as possible, a practice referred to as mainstreaming or inclusion. The federal circuit courts apply different tests to evaluate compliance with this mainstreaming requirement, but as argued in this Note, the circuit tests are effectively equivalent with respect to children diagnosed with ASDs. One significant issue in applying each of these tests is that tensions exist between the mainstreaming requirement …
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Footing The Bill For A Sound Basic Education In New York City: The Implementation Of Campaign For Fiscal Equity V. State, Bonnie A. Scherer
Fordham Urban Law Journal
On March 16, 2005, in what appeared to be a victory for the children of New York City, the Court of Appeals of New York, applying the Education Article, upheld a lower court decision and recommendation, by a panel of judicially appointed Special Referees, holding that the New York State school funding system failed to provide New York City children with a “sound basic education.” The Court of Appeals mandated that the State Legislature phase in $5.6 billion annually, as well as an additional $9.2 billion in a capital fund to reform the City public schools. The opinion, however, failed …
Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España
Expanding Latino Participation In The Legal Profession: Strategies For Increasing Latino Law School Enrollments, William Malpica, Mauricio A. España
Fordham Urban Law Journal
This Essay explores how Latinos have faired in the law school admissions process -- a hurdle that the group has yet to overcome -- and evaluates current efforts to bolster Latino enrollment. It examines the underlying conditions that contribute to low Latino enrollment in law schools by revealing the primary obstacles to Latino admission: the limited pool of eligible Latino college graduates and current law school admissions policies that emphasize Law School Admission Test scores and grade point averages. This Essay review a sampling of responses to low Latino law school enrollment and concludes that the most effective strategies for …
Campaign For Fiscal Equity, Inc. V. New York: No Slam Dunk Victory For Public School Children, Denise C. Morgan
Campaign For Fiscal Equity, Inc. V. New York: No Slam Dunk Victory For Public School Children, Denise C. Morgan
Fordham Urban Law Journal
Having been involved in the Campaign for Fiscal Equity, Inc. v New York case over the course of ten years, Denise C. Morgan has an intimate view of the victories and losses resulting in the Court of Appeals decision. In the article, the wins and losses of the case are discussed as she sees it, and how the victory on the state level came with a loss on the federal one. The article describes the CFE case and its two claims: the victory that the promised to make the distribution of state aid for public education to New York City …
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Edison Schools And The Privatization Of K-12 Public Education: A Legal And Policy Analysis, Lewis D. Solomon
Fordham Urban Law Journal
This Article examines the private takeover of the management of K-12 publicly funded schools. It focuses on one particular educational management organization, Edison Schools. This Article examines the situation in Philadelphia's public schools and the efforts of a local school reform commission to revitalize K-12 education. It goes on to look into the personalities of those who started and today run Edison Schools, analyze Edison Schools financial position, and discuss the structured educational approach Edison Schools uses in it schools. This Article addresses the policy considerations behind the efforts to privatize public schools. It concludes that while Edison Schools does …