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Articles 1 - 30 of 105
Full-Text Articles in Law
Website Blocked: Filtering Technology In Schools And School Libraries, Jennifer M. Overaa
Website Blocked: Filtering Technology In Schools And School Libraries, Jennifer M. Overaa
School of Information Student Research Journal
This paper investigates the impact of filtering software in K-12 schools and school libraries. The Children's Internet Protection Act, or CIPA, requires that public schools and school libraries use filtering technology in order to receive discounted rates on technology. As a result, nearly all public elementary and secondary schools today use filtering technology. While the provisions of CIPA narrowly define the content to be blocked, filters are often set to block much more than is required. Filtering technology is often ineffective, and many unobjectionable sites end up being blocked, including Web 2.0 sites and tools needed to educate students in …
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
Discharging Student Loans Via Bankruptcy: Undue Hardship Doctrine In The First Circuit, Anthony Bowers
University of Massachusetts Law Review
Student loans are presumptively non-dischargeable through bankruptcy, but the undue hardship doctrine provides an equitable “safety valve” for the indigent. To date, the United States First Circuit Court of Appeals has yet to select a single legal test for determining undue hardship under the United States Bankruptcy Code (“Bankruptcy Code”). Within the jurisdiction of the First Circuit, bankruptcy courts are free to choose an approach to evaluate undue hardship. In an effort to ensure consistency throughout the bankruptcy courts within the First Circuit, it would be ideal if the First Circuit would choose one of the undue hardship tests. However, …
The Week After, Lawrence K. Karlton
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson
Touro Law Review
No abstract provided.
To Yoder Or Not To Yoder? How The Spending Clause Holding In National Federation Of Independent Business V. Sebelius Can Be Used To Challenge The No Child Left Behind Act, Christopher Roma
Pace Law Review
States such as California, Texas, Montana, Nebraska and Pennsylvania all have either declined to apply for waivers out of the testing, accountability, and penalty schemes of No Child Left Behind; or, have had their applications rejected by the Department of Education. This Article argues that these states would have a legitimate challenge to NCLB as unconstitutionally coercive based on the precedent of Sebelius. As discussed more in the sections that follow, not only is NCLB and Title I the largest federal funding program behind Medicaid, it also shares many of the characteristics that the opinions in Sebelius found to be …
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley
Pace International Law Review
The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold, Nicholas Karwacki
Who's The Bully Now? The Third Circuit Gives Negligent School Districts A Constitutional "Hall Pass" In Morrow V. Balaski, Leaving Bullied Students Out In The Cold, Nicholas Karwacki
Villanova Law Review
No abstract provided.
Bright "Idea" Or Missing The Mark? The Third Circuit Restricts Reimbursement For Residential Placement Under The Individuals With Disabilities Education Act, Nicole Pedi
Villanova Law Review
No abstract provided.
Think Of The Children: How The Role Of Students In The Classroom Informs Future Applications Of Garcetti V. Ceballos In Academic Contexts, Aaron Worthen
BYU Law Review
No abstract provided.
Religion And The Equal Protection Clause: Why The Constitution Requires School Vouchers, Steven G. Calabresi, Abe Salander
Religion And The Equal Protection Clause: Why The Constitution Requires School Vouchers, Steven G. Calabresi, Abe Salander
Florida Law Review
Ask anyone whether the Constitution permits discrimination on the basis of religion, and the response will undoubtedly be no. Yet the modern Supreme Court has not recognized that the antidiscrimination command of the Fourteenth Amendment protects religion in the same way that the Amendment protects against discrimination on the basis of race or gender. In fact, the Supreme Court has permitted the legislature to facially discriminate against religion in funding programs. To make matters worse, thirty-seven state constitutions and the District of Columbia’s Code openly discriminate on the basis of religion in so-called Blaine Amendments.
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Title Ix And Social Media: Going Beyond The Law, Emily Suran
Michigan Journal of Gender & Law
The U.S. Department of Education is currently investigating over eighty colleges and universities for civil rights violations under Title IX. From a punitive standpoint, these investigations likely will have minimal impact. Indeed, since the Alexander v. Yale plaintiffs first conceived of Title IX in a sexual harassment context, the nondiscriminatory principles of Title IX have proven disappointingly difficult to enforce. However, in today’s world of grassroots social activism, Title IX has taken on a new, extralegal import. Title IX has become a rallying cry for college activists and survivors. Despite (or perhaps because of) its limitations as a law, it …
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo
Not So Black And White: The Third Circuit Upholds Race-Conscious Redistricting In Doe Ex Rel Doe V. Lower Merion School District, Alexandra Muolo
Villanova Law Review
No abstract provided.
Exception Perception: The Third Circuit's Strict View Of The Exceptions To The Statute Of Limitations Under The Individuals With Disabilities Education Act, Samantha Peruto
Villanova Law Review
No abstract provided.
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Georgia Journal of International & Comparative Law
No abstract provided.
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Educating The Undocumented: Providing Legal Status For Undocumented Students In The United States And Italy Through Higher Education, Laura J. Callahan Ragan
Georgia Journal of International & Comparative Law
No abstract provided.
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Learning Lessons From Multani: Considering Canada's Response To Religious Garb Issues In Public Schools, Allison N. Crawford
Georgia Journal of International & Comparative Law
No abstract provided.
Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska
Intra-Group Diversity In Education: What If Abigail Fisher Were An Immigrant . . ., Dagmar Rita Myslinska
Pace Law Review
In Part I, this Article briefly describes some aspects of white immigrants’ educational experience (including extracurricular involvement and parental roles), exposing how it reflects immigrants’ lack of access to the cultural capital of native-born whites. The Article exposes some unique challenges faced by Caucasian immigrants in high school, during the college application process, and in taking advantage of college opportunities that amplify social benefits. These experiences are contrasted with those of American-born students who benefit from their families’ access to social capital that enables them to take advantage of its replication in college.
Part II addresses how some of the …
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
The Role Of The Judiciary In The European Union's (De)Segregation Of Roma Students, Lindsey M. Green
Georgia Journal of International & Comparative Law
No abstract provided.
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
I Need A Doctor: A Critique Of Medicare Financing Of Graduate Medical Education, Stacey A. Tovino
Washington and Lee Law Review
In its broadest sense, this Article examines the complex relationship between population booms, doctor shortages, and United States government financing of graduate medical education (GME). More specifically, this Article argues that current rules governing the calculation of Medicare payments to teaching hospitals for the costs of GME are based on cost, population, and other data that are no longer relevant. As applied, these formulas discriminate in favor of the nation’s oldest teaching hospitals, located in New England and the Middle Atlantic, and against current and future teaching hospitals located in growing population centers, especially regions in the South and West. …
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel
Journal of Undergraduate Research at Minnesota State University, Mankato
The study compares Illinois’ and Minnesota’s education fiscal policies. Illinois funds it’s education system mainly from the local level, whereas Minnesota funds it’s mainly from the state level. Thus, in Illinois, if there are discrepancies between household incomes in wealthier and poorer areas, the schools in wealthier areas would receive more money than those in poorer areas. Test scores are then compared. Illinois typically has lower scores than Minnesota. The conclusion is that Illinois’ policies are hindering their students’ learning, compared to Minnesota students, with some mixed results.
The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman
The Quixotic Search For Race-Neutral Alternatives, Michael E. Rosman
University of Michigan Journal of Law Reform
The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies its …
Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin
Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin
University of Michigan Journal of Law Reform
Ultimately, I argue that one important response to the demise of race-based affirmative action should be to incorporate the experience of segregation into diversity strategies. A college applicant who has thrived despite exposure to poverty in his school or neighborhood deserves special consideration. Those blessed to come of age in poverty-free havens do not. I conclude that use of place, rather than race, in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. While I propose substituting …
Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds
Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds
University of Michigan Journal of Law Reform
Childhood obesity is a major problem plaguing the United States. Over one-third of children are overweight, and there is little indication that this trend will reverse in the near future. The federal government has attempted to combat childhood obesity through the National School Lunch Act, which regulates the quality of foods federally subsidized schools may serve to children, and provides broad goals for physical activity. These basic goals leave extensive room for states to implement different standards, and they are not sufficient to effectively confront the childhood obesity problem. This Note proposes amendments to the National School Lunch Act that …
California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker
California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker
Journal of the National Association of Administrative Law Judiciary
This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.
Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield
Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield
Catholic University Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman
Touro Law Review
No abstract provided.
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman
Touro Law Review
No abstract provided.
Reforming The "Business" Of Charter Schools In Pennsylvania, Patrick J. Gallo Jr.
Reforming The "Business" Of Charter Schools In Pennsylvania, Patrick J. Gallo Jr.
Brigham Young University Education and Law Journal
No abstract provided.
In The Weeds With Thomas: Morse, In Loco Parentis, Corporal Punishment, And The Narrowest View Of Student Speech Rights, William C. Nevin
In The Weeds With Thomas: Morse, In Loco Parentis, Corporal Punishment, And The Narrowest View Of Student Speech Rights, William C. Nevin
Brigham Young University Education and Law Journal
No abstract provided.
The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown
Brigham Young University Education and Law Journal
No abstract provided.