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Articles 1 - 30 of 49
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The Bronx Household Of Faith: Looking At The Unanswered Questions, Kevin Fiet
Brigham Young University Education and Law Journal
No abstract provided.