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2007

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Full-Text Articles in Law

Why The No Child Left Behind Act Needs To Be Restructured To Accomplish Its Goals And How To Do It, Gershon M. Ratner Dec 2007

Why The No Child Left Behind Act Needs To Be Restructured To Accomplish Its Goals And How To Do It, Gershon M. Ratner

University of the District of Columbia Law Review

The No Child Left Behind Act ("NCLB" or the "Act") 1 has created a once in a lifetime opportunity to improve American public education. NCLB has embraced vital goals for the new Information Age: academic proficiency for virtually all public school students and elimination of the severe racial/income "achievement gap." The Act provides four pillars on which states and localities might build a bridge to reach the goals: higher standards; periodic testing to measure the extent to which the standards are being met; disaggregating test results by student subgroup; and reporting to the public. The critical question is "how to …


Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason Dec 2007

Charter Schools And Special Education: Part Of The Solution Or Part Of The Problem?, Rebekah Gleason

University of the District of Columbia Law Review

The Individuals with Disabilities Education Act (IDEA)1 provides each child with a disability the opportunity to receive educational benefit in an appropriate program. The individual needs of the child drive the often resource intensive programs. On the other hand, public charter schools focus on providing more choices for education by aiming to do a better job with less money. Public Charter Schools accountability for progress and fiscal responsibility means that schools focus on doing more with less resources for the school as a whole. Public Charter schools' mission of unique innovative instruction, free from local and state regulations that would …


Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz Dec 2007

Changing The Narrative: Convincing Courts To Distinguish Between Misbehavior And Criminal Conduct In School Referral Cases, Marsha L. Levick, Robert G. Schwartz

University of the District of Columbia Law Review

No abstract provided.


The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca Dec 2007

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …


A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson Dec 2007

A Thousand Humiliations: What Brown Could Not Do., Bryan L. Adamson

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

While Brown v. Board of Education sought to integrate the public school system, fifty years later many public schools remain racially identifiable. African American and Latino students attend schools which are overwhelmingly comprised of minorities. Some racially isolated schools even experienced a rise in their minority student population after the decision in Brown. While the decision narrowed racial disparities in schools, such disparities remain distressing. Data shows a large disparity in the number of higher educational degrees earned by African American and White individuals. Additionally, wage earnings of African Americans are significantly smaller compared to White wage earnings. Educational outcomes …


Reading The Pink Locker Room: On Football Culture And Title Ix, Erin E. Buzuvis Oct 2007

Reading The Pink Locker Room: On Football Culture And Title Ix, Erin E. Buzuvis

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

This article examines the public controversy that erupted after local media reported on a comment I made about the University of Iowa's decision to renovate the football stadium's visiting team locker room entirely in pink. I submitted my statement in response to the University Steering Committee on NCAA Certification's request for feedback on a draft report and suggested that the "joke" behind the pink d6cor traded in sexist and homophobic values. As such, I concluded that it belonged in the comprehensive analysis of gender equity that the committee was preparing. I immediately received hundreds of hateful e-mails and was the …


Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii Sep 2007

Parents Involved And Race-Conscious Measures: A Cause For Optimism, Joseph O. Oluwole, Preston C. Green Iii

Buffalo Public Interest Law Journal

No abstract provided.


Must Utah Imprison Its Parents And Children?: Alternatives To Utah's Compulsorty Attendance Laws, Gilbert Bradshaw Jul 2007

Must Utah Imprison Its Parents And Children?: Alternatives To Utah's Compulsorty Attendance Laws, Gilbert Bradshaw

Brigham Young University Journal of Public Law

No abstract provided.


Be Careful What You Ask For: Educación Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez Jun 2007

Be Careful What You Ask For: Educación Para Todas/Os, The Perils And The Power, Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez

Nevada Law Journal

No abstract provided.


No Wealthy Parent Left Behind: An Analysis Of Tax Subsidies For Higher Education , Andrew D. Pike Jun 2007

No Wealthy Parent Left Behind: An Analysis Of Tax Subsidies For Higher Education , Andrew D. Pike

American University Law Review

This Article will examine whether the tax provisions constitute a sensible portion of the federal financial aid expenditure programs. Part I of this Article discusses the principal tax provisions that provide subsidies for higher education and analyzes provisions constitute a sensible component of the federal financial aid expenditure programs. Part I of this Article discusses the principal tax provisions that provide subsidies for higher education and analyzes the allocation of benefits that arise from these provisions. Part II evaluates these provisions from a tax policy perspective. Part III contains conclusions and policy recommendations.


Silenced Struggles: The Experiences Of Latina And Latino Undocumented College Students In California, Lindsay Perez Huber, Maria C. Malagon Jun 2007

Silenced Struggles: The Experiences Of Latina And Latino Undocumented College Students In California, Lindsay Perez Huber, Maria C. Malagon

Nevada Law Journal

No abstract provided.


The Democratic Right To Full Bilingual Education, Thomas Kleven Jun 2007

The Democratic Right To Full Bilingual Education, Thomas Kleven

Nevada Law Journal

No abstract provided.


Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang May 2007

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …


Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli May 2007

Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli

Washington Law Review

In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …


Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli May 2007

Freedom To Explore: Using The Eleventh Amendment To Liberate Researchers At State Universities From Liability For Intellectual Property Infringements, Gary Pulsinelli

Washington Law Review

In its 1999 decision in Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank, the Supreme Court held that the Eleventh Amendment protected states from suit for patent infringement, effectively making state universities immune from intellectual property suits. This Article analyzes how the Florida Prepaid decision affects researchers at state universities, and how those researchers may avoid liability under existing law. It first concludes that researchers at state universities might still be subject to injunctions against future infringement. The Article next observes that individual researchers at state universities might also face personal liability for damages, but then suggests …


Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang May 2007

Plainly Offensive Babel: An Analytical Framework For Regulating Plainly Offensive Speech In Public Schools, Jerry C. Chiang

Washington Law Review

The First Amendment to the United States Constitution guarantees the right to free speech. The guarantee is not absolute, however, and the U.S. Supreme Court has said that the First Amendment does not fully protect student speech in public schools. In Bethel School District v. Fraser, the Court held that schools could regulate "plainly offensive" speech. Circuit courts have interpreted and applied Fraser in an inconsistent manner, disagreeing as to what constitutes plainly offensive speech. The resulting case law is confusing and fails to provide lower courts with a clear analytical framework for evaluating First Amendment challenges to regulations …


Outlawed And Exiled: Zero Tolerance And Second Generation Race Discrimination In Public Schools, Frances P. Solari, Julienne E.M. Balshaw Apr 2007

Outlawed And Exiled: Zero Tolerance And Second Generation Race Discrimination In Public Schools, Frances P. Solari, Julienne E.M. Balshaw

North Carolina Central Law Review

No abstract provided.


Affirmative Action And Land-Grant Universities In The Millennium: When Will We Fulfill The Original Promise?, Christine L. Jones Mar 2007

Affirmative Action And Land-Grant Universities In The Millennium: When Will We Fulfill The Original Promise?, Christine L. Jones

University of the District of Columbia Law Review

No abstract provided.


A Re-Analysis Of The Legal, Political, And Social Landscape Of Desegregation From Plessy V. Ferguson To Parents Involved In Community Schools V. Seattle School District No. 1, Stephen J. Caldas, Carl L. Bankston Iii Mar 2007

A Re-Analysis Of The Legal, Political, And Social Landscape Of Desegregation From Plessy V. Ferguson To Parents Involved In Community Schools V. Seattle School District No. 1, Stephen J. Caldas, Carl L. Bankston Iii

Brigham Young University Education and Law Journal

No abstract provided.


Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White Mar 2007

Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White

Brigham Young University Education and Law Journal

No abstract provided.


Determining Adequacy: How Courts Are Redefining State Responsibility For Educational Finance, Goals, And Accountability, Regina R. Umpstead Mar 2007

Determining Adequacy: How Courts Are Redefining State Responsibility For Educational Finance, Goals, And Accountability, Regina R. Umpstead

Brigham Young University Education and Law Journal

No abstract provided.


Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich Mar 2007

Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich

Brigham Young University Education and Law Journal

No abstract provided.


School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone Mar 2007

School Speech V. School Safety: In The Aftermath Of Violence On School Campuses Throughout This Nation, How Should School Officials Respond To Threatening Student Expression?, Richard V. Blystone

Brigham Young University Education and Law Journal

No abstract provided.


The Ideia And The Right To An "Appropriate" Education, Andrea Blau Mar 2007

The Ideia And The Right To An "Appropriate" Education, Andrea Blau

Brigham Young University Education and Law Journal

No abstract provided.


Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky Mar 2007

Part Time Soldiers: Deploying Adjunct Faculty In The War Against Student Plagiarism, Kenneth H. Ryesky

Brigham Young University Education and Law Journal

No abstract provided.


A Preference For Equality: Seeking The Benefits Of Diversity Outside The Educational Context, David A. Harvey Mar 2007

A Preference For Equality: Seeking The Benefits Of Diversity Outside The Educational Context, David A. Harvey

Brigham Young University Journal of Public Law

No abstract provided.


Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner Mar 2007

Preaching From The State's Podium: What Speech Is Proselytizing Prohibited By The Establishment Clause?, Christian M. Keiner

Brigham Young University Journal of Public Law

No abstract provided.


Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon Mar 2007

Re-Imagining Public Enforcement Of Title Ix, Julie A. Davies, Lisa M. Bohon

Brigham Young University Education and Law Journal

No abstract provided.


Academic Freedom And The Public School Teacher: An Exploratory Study Of Perceptions, Policy, And The Law, Todd A. Demitchell, Vincent J. Connelly Mar 2007

Academic Freedom And The Public School Teacher: An Exploratory Study Of Perceptions, Policy, And The Law, Todd A. Demitchell, Vincent J. Connelly

Brigham Young University Education and Law Journal

No abstract provided.


The Bronx Household Of Faith: Looking At The Unanswered Questions, Kevin Fiet Mar 2007

The Bronx Household Of Faith: Looking At The Unanswered Questions, Kevin Fiet

Brigham Young University Education and Law Journal

No abstract provided.