Law Commons^™

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Privacy Or Safety? The Use Of Cameras To Combat Special Ed Abuse, Sarah M. Benites

University of Massachusetts Law Review

Self-contained classroom students face abuse from educators at disproportionate rates compared to general education students. To combat the abuse, several jurisdictions, including Massachusetts, have proposed or enacted bills enabling cameras to be placed in self-contained classrooms. This has sparked privacy concerns, particularly regarding whether the usage would amount to an infringement on the Fourth Amendment rights of students and educators. This note argues that surveillance is an ineffective deterrent to prevent violent and abusive behavior and should not justify bypassing potential privacy and constitutional violations. It outlines the relevant case law regarding students and teachers and apply these standards to …

To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian

St. Mary's Law Journal

This Article presents a mixed-methods, interdisciplinary study on educational policy and practice to offer solutions to fossilized problems extant across the United States’ elementary and secondary schools. Analysis of historic Supreme Court decisions and statutes unveil compelling trends that have shaped the legal landscape over the latter half of the twentieth century. Linguistic comparisons of two milestone revisions of the 1965 Elementary and Secondary Education Act—No Child Left Behind (NCLB) and Every Student Succeeds Act (ESSA)—show Congress granted more flexibility and authority to local districts and states under ESSA, which reflected trends in Supreme Court opinions over several decades.

A …

From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair

University of Cincinnati Law Review

No abstract provided.

A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp

University of Cincinnati Law Review

No abstract provided.

Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles

University of Cincinnati Law Review

No abstract provided.

Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang

Northwestern University Law Review

When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …

Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley

West Virginia Law Review

No abstract provided.

200 Years In Review: Education And The Mississippi Constitution, Wendy Scott

Mississippi College Law Review

No abstract provided.

Emerging School Finance Litigation In Mississippi, Lajuana Davis

Mississippi College Law Review

This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …

The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.

Mississippi College Law Review

The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …

Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell

Mississippi College Law Review

This essay surveys education in Mississippi from its origins to the creation of the state's first statewide public education system during "Radical" Reconstruction. The Choctaws and Chickasaws had developed methods of educating youngsters in their traditional culture; however, faced with the invasion of their homelands by Africans and Europeans, they began to embrace "white" missionary schools in order to learn the skills needed to survive in the new economy imposed by the settlers. The European-derived invaders consisted of two classes: the planters and the yeomen (poor).

It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain

Mississippi College Law Review

The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …

Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith

Washington Journal of Social & Environmental Justice

No abstract provided.

It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez

The Scholar: St. Mary's Law Review on Race and Social Justice

We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …

Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.

For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …

Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson

University of Cincinnati Law Review

No abstract provided.

“It's The Commonwealth's Attempt To Censor . . . What We Teach”: Anti-Lgbtqia2s+ Educational Policy Influences On Rural Secondary Ela Teacher Practices, Josh Thompson, Clint Whitten, Karin Kaerwer

Virginia English Journal

The shift in political landscape in Virginia from former Democratic Governor Ralph Northam to current Republican Governor Glen Youngkin influenced educational policies in the commonwealth. Waving the banner of parental rights, the Youngkin administration began targeting LGBTQIA2S+ students and educators through legislation and policies such as SB 656 and Model Policies on Ensuring Privacy, Dignity, and Respect for All Students and Parents in Virginia’s Public Schools. To understand the influence on rural school districts, this study asked how rural secondary English Language Arts educators understand and respond to these anti-LGBTQIA2S+ policies as well as the ways in which those educators …

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. …

School Pronouns And The Compelled-Speech Objection, Phillip Seaver-Hall

Mercer Law Review

America’s transgender youth are entrenched in a nationwide mental health crisis. A majority of transgender teenage boys have attempted suicide at least once, and roughly a third of transgender teenage girls have done the same. To mitigate this national emergency, many public school districts have begun requiring their teachers to use transgender students’ preferred names and pronouns. Many conservatives, however, insist that such rules violate the First Amendment’s prohibition of compelled speech.

This article thoroughly dissects that argument and exposes its flaws. It examines the compelled‑speech objection through the lens of the government speech doctrine, weighs countervailing academic‑freedom concerns, proposes …

Covid, Contracts, And Colleges, John K. Setear

West Virginia Law Review

No abstract provided.

Role Of Fat Talk On The Relationships In The Bruneian Chinese Society, Shee Ping Khoo, Brice Tseen Fu Lee

International Review of Humanities Studies

This research paper examines the role of “fat talk” in relationships in Bruneian Chinese society. “Fat talk” refers to negative comments about one's weight or body shape towards oneself or others. Using qualitative research methods, the study explores the perceptions and experiences of Bruneian Chinese individuals regarding “fat talk”, factors leading to the discussion of the topic, and its impact on their relationships with their peers. The findings suggest that while “fat talk” is prevalent in Bruneian Chinese society, it can have both positive and negative effects on relationships. The study aims to highlight the importance of addressing the “fat …

Prosumer Behavior Of The Army Fandom Of Bts In Indonesia As A Form Of New Consumerist Society, Larassatti Dharma Nanda, Joesana Tjahjani

International Review of Humanities Studies

One of the most influential K-pop groups in the world is Bangtan Sonyeondan, abbreviated as BTS. BTS' success can also be determined by their extensive community of fans who create a fandom culture worldwide, including in Indonesia. This paper investigates the BTS fandom consumerism behavior, which is called ARMY, and its relation to Indonesia's participatory fan culture. This research focuses on how BTS's managing company creates a fandom image and how Indonesian fans react. This article is qualitative research using a literature review as the method. Analysis of this paper uses the consumerist society theory by Jean Baudrillard (1986) to …

Comparison Of The Religious Meaning Of Water Festivals In Thailand And Laos, Tang Lin, Darmoko Darmoko

International Review of Humanities Studies

Both Thailand and Laos are predominantly Buddhist countries, following Theravada Buddhism. Influenced by Indian Buddhism, both countries celebrate several similar festivals, such as Songkran, Makha Bucha, Visakha Bucha, and Vixakha Souvana. Among all these celebrations, Songkran is considered the most lively, and this is the focus of this article. The article compares and analyzes the culture of Songkran in Laos and Thailand, including the festival's themes, cultural significance, and activities, to highlight the similarities and differences between the two. The cultural significance found in the Water Festival primarily stems from Indian cultural influences, while the differences in meaning are attributed …

Gender, Preferred Digital Platforms And Remote Teaching/Learning Activities Among Undergraduates With Hearing Impairment In Alvan Ikoku Federal College Of Education, Owerri, Imo State, Chikodi Joy Anyanwu

International Review of Humanities Studies

A descriptive survey research approach was chosen for the investigation. The method of inquiry was chosen since the researcher employed a questionnaire to collect information from respondents. The population includes 41 undergraduates with hearing impairment at Alvan Ikoku Federal College of Education, Owerri, Imo State and 7 lecturers. The study sample consists of thirty-four (34) out of 41 students with hearing impairment who were registered for regular /evening programmes and, seven (7) lecturers who taught them remotely. The data gathering tool was a structured questionnaire adapted from Okoro (2015) and termed Digital Platforms for Remote Teaching of Deaf Students (DPRTDS). …

A Study On Biography Of Things: Posbloc Public Creative Spaces, Vherendio Novtha Varidy, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the journey of Pasar Baru Post Office using The Biography of Things study in which observes the building from time to time. Pasar Baru Post Office is used as the main source in this paper. Amidst the changes since The Netherland-Colonial era, the building remains still and that became the reason this study was conducted through The Biography of Things study. The research method used in this article is the research framework of Sharer and Ashmore which consists of data collection, processing, and interpretation. The results of the study show that there are some changes in the …

Counter-Discourse And Power In Ahmed Yerimah’S Hard Ground And Uwemedimo Atakpo’S Watering The Hard Ground, Anietie Francis Udofia

International Review of Humanities Studies

Niger Delta uprising always evokes controversial positions viewed from a single perspective from the pages of print to electronic media with which many dramas and films on their themes clone some intertextual discourses as the absolute voice on the Niger Deltans’ problem. The major concern is usually the violence caused by the people of the Niger Delta to disrupt the peace of the Nigerian society without giving a second thought to the people’s complaint about the political which worsens the situations of the region. Using qualitative research methodology, framed on Mikhail Bakhtins’ theory of Dialogism as a suitable theoretical framework …

Children's Character Education Through Bondhan Payung Dance, Ari Prasetiyo

International Review of Humanities Studies

Education, especially children's character education, is very important. Education can be carried out in formal and non-formal educational institutions. One of the learning media that can be used is through traditional cultural arts.The traditional Javanese cultural art that is the object of this research is the Bondhan Payung dance, which is taught at Sanggar Ayodya Pala Cibinong and PPKB FIB UI. The selection of Bondhan Payung dance as the object of research with the consideration that in Bondhan Payung dance contained teaching values that are important for teaching children's character.This research uses a qualitative approach by applying the concept of …

Cultural Diplomacy And Global Challenges In G20 Indonesia 2022, Poppy Setiawati Nurisnaeny, Hendra Kaprisma, Suwedi Suwedi

International Review of Humanities Studies

Indonesia has been chosen to host the G20 summit in Bali in November 2022. Indonesia has prepared many agendas ahead of the execution of this summit. This preparation concerns the technical implementation of multilateral relations, which have undergone significant changes due to the COVID-19 pandemic. Furthermore, Indonesia needs help hosting the G20 due to the fractured multilateral relations of several G20 member countries caused by the Russia-Ukraine conflict in early 2022. As a result, Indonesia must mediate between the disputing parties to resolve this issue by selecting appropriate communication methods. Cultural diplomacy is one approach. Cultural diplomacy is a non-coercive …

Affirming Wibu’S Stereotypes Through Youtube Videos, Iqbal Eka Junianto, Shuri Mariasih Gietty Tambunan

International Review of Humanities Studies

In 2022, based on Google Trends tools, Indonesia is ranked third as the country with the most searches related to Japanese anime. Wibu is a term that refers to someone who is outside Japan but likes and even tends to be obsessed with the culture of that country. This research aims explore how stereotypes of Wibu in Indonesia are constructed by digital media, specifically YouTube. Research findings show that Wibu in Indonesia is stereotyped as "smelling of onions", "Wibu Nolep", "perverted Wibu" and “pshycopath Wibu.” By conducting textual analysis on YouTube videos that are related to Wibu content, we argue …