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Articles 1 - 30 of 81
Full-Text Articles in Law
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Beyond The Schoolhouse Gate: Should Schools Have The Authority To Punish Online Student Speech?, Brittany L. Kaspar
Chicago-Kent Law Review
This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, …
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii
BYU Law Review
No abstract provided.
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
Taxing And Tuition: A Legislative Solution To Growing Endowments And The Rising Costs Of A College Degree, Matt Willie
BYU Law Review
No abstract provided.
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
Dreams Deferred: Deferred Action, Prosecutorial Discretion, And The Vexing Case(S) Of Dream Act Students, Michael A. Olivas
William & Mary Bill of Rights Journal
No abstract provided.
National Collegiate Athletic Association V. Tarkanian: Supreme Court Upholds Ncaa's Private Status Under The Fourteenth Amendment, Repelling Shark's Attack On Ncaa's Disciplinary Powers, Michael G. Dawson
Pepperdine Law Review
No abstract provided.
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
The Gunslinger To The Ivory Tower Came: Should Universities Have A Duty To Prevent Rampage Killings?, Ben "Ziggy" Williamson
Florida Law Review
On April 16, 2007, Seung Hui Cho, a Virginia Tech student, went on a rampage across the university’s campus. He murdered thirty-two people —twenty-seven students and five professors—before killing himself. Cho’s rampage was not only the worst mass shooting on an American university campus, it was the worst in American history—twenty-seven students and five professors—before killing Cho’s horrific actions and his highly publicized video manifestos revealed a deeply disturbed personality. But to some students, teachers and administrators, Cho’s nature was not a revelation. Cho’s troubled history included suicidal and homicidal ideation since middle school, violent and disturbing writings, classroom behavior …
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Two Wrongs Don't Negate A Copyright: Don't Make Students Turnitin If You Won't Give It Back, Samuel J. Horovitz
Florida Law Review
The story goes something like this: There was a particularly difficult college professor notorious for a low grading scale. After years of low grade following low grade, one paper finally earned a B minus, the highest grade ever awarded by this professor. Word spread about the paper, and the student author sold it to the highest bidder, who later turned in the same paper to the same professor and received a B. The next year, after being recycled yet again, the paper received a B plus. When the paper was recycled and submitted a fourth time, it finally received an …
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Florida Law Review
Nearly twenty years ago in Hazelwood School District v. Kuhlmeier, the Supreme Court, in upholding the constitutionality of a public high school principal’s censorship of a student newspaper produced in a journalism class, held that “educators do not offend the First Amendment by exercising editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns.” Since then, Hazelwood’s “reasonably related to legitimate pedagogical concerns” This Article argues that this conundrum can be untangled by returning to Hazelwood’s core as a student speech case. It first …
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Government's Denigration Of Religion: Is God The Victim Of Discrimination In Our Public Schools?, Michael R. O'Neill
Pepperdine Law Review
No abstract provided.
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Lee V. Weisman: Unanswered Prayers, Marilyn Perrin
Pepperdine Law Review
No abstract provided.
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Eradicating Sex Discrimination In Education: Extending Disparate-Impact Analysis To Title Ix Litigation, James S. Wrona
Pepperdine Law Review
No abstract provided.
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano
It's All Fun And Games Until Someone Loses An Eye: An Analysis Of University Liability For Actions Of Student Organizations, Jennifer L. Spaziano
Pepperdine Law Review
No abstract provided.
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Gender Classification And United States V. Virginia: Muddying The Waters Of Equal Protection , Brent L. Caslin
Pepperdine Law Review
No abstract provided.
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Playing The "Get Out Of College Free" Card: Dischargeability Of Educational Debts In Chapter 7 Bankruptcy, Julie J. Heimark
Pepperdine Law Review
No abstract provided.
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
The Milwaukee Parental Choice Program: A Constitutional Victory For School Choice, Robert L. Mcfarland
Pepperdine Law Review
No abstract provided.
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
State Action And The Supreme Court's Emerging Consensus On The Line Between Establishment And Private Religious Expression, Michael W. Mcconnell
Pepperdine Law Review
No abstract provided.
Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton
Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton
Pepperdine Law Review
No abstract provided.
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
Pepperdine Law Review
No abstract provided.
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Liable For Your Lies: Misrepresentation Law As A Mechanism For Regulating Behavior On Social Networking Sites, Geelan Fahimy
Pepperdine Law Review
No abstract provided.
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Our Children, Ourselves: Ensuring The Education Of America's At-Risk Youth, Elizabeth Lamura
Buffalo Public Interest Law Journal
No abstract provided.
Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce
Put The Town On Notice: School District Liability And Lgbt Bullying Notification Laws, Yariv Pierce
University of Michigan Journal of Law Reform
Congress could mitigate the problem of lesbian, gay, bisexual, and transgender (LGBT) student bullying by requiring that teachers and school officials report all bullying incidents to their school district administrators. Many school districts are not aware of the prevalence of LGBT bullying and the extent to which each school protects, or fails to protect, its LGBT students compared to other harassed students. LGBT students often encounter difficulty demonstrating that their school district has a policy or custom of deliberate indifference toward their equal treatment when a school does not equally protect an LGBT student from peer-to-peer bullying because of the …
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash
New Jersey's Anti-Bullying Fix: A Solution Or The Creation Of An Even Greater First Amendment Problem?, Lindsay Nash
BYU Law Review
No abstract provided.
Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo
Comparing Single-Sex And Reformed Coeducation: A Constitutional Analysis, Nancy Chi Cantalupo
San Diego Law Review
One of the most enduring educational debates of the past three decades has dealt with the legality and advisability of sex-segregated education. This debate can often look confusing, given a large number of debaters and the diversity of their perspectives and agendas. More than this diversity, however, the debate is confusing because the debate has been structured as a contest between the "innovation" of sex-segregated education and status quo coeducation. Missing from the debate is a comparison between reformed coeducation and a single-sex alternative, a comparison that is markedly more useful in determining what ought to be done about the …
Davis V. Monroe County Board Of Education: Setting A Stringent Standard Of Fault For School Liability In Peer Sexual Harassment Under Title Ix-Demanding Responsible Proactive Protection, Lindsay Havern
Pepperdine Law Review
No abstract provided.
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Cedar Rapids Community School District V. Garret F.: A High Price For Equal Education , Kristie Harding
Pepperdine Law Review
No abstract provided.
Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas
Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas
Indiana Law Journal
Jerome Hall Lecture, Indiana University Maurer School of Law, Bloomington, Indiana, January, 2011.
The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery
The Inheritance Of Inequality: Hukou<.I> And Related Barriers To Compulsory Education For China's Migrant Children, Jessica L. Montgomery
Washington International Law Journal
The hukou system in China uses residency permits to divide Chinese citizens into urban and rural dwellers. A person’s hukou status determines his or her access to state services. Under normal circumstances, a person with a rural hukou status is not eligible for state services in urban areas, and vice versa. Because hukou is primarily inherited from one’s parents at the time of birth, children born in urban areas to parents with rural hukou are similarly designated as rural hukou holders. As a result, children living in cities with rural hukou are ineligible for enrollment in urban public schools even …
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Mitchell V. Helms: Giving The Cleveland School Voucher Program A Fighting Chance, Tyler Neal
Pepperdine Law Review
No abstract provided.
No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang
No State Actor Left Behind: Rethinking Section 1983 Liability In The Context Of Disciplinary Alternative Schools And Beyond, Emily Chiang
Buffalo Law Review
No abstract provided.
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears
University of Richmond Law Review
No abstract provided.