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Articles 1 - 30 of 96
Full-Text Articles in Law
Reforming School Discipline, Derek W. Black
Reforming School Discipline, Derek W. Black
Northwestern University Law Review
Public schools suspend millions of students each year, but less than ten percent of suspensions are for serious misbehavior. School leaders argue that these suspensions ensure an orderly educational environment for those students who remain. Social science demonstrates the opposite. The practice of regularly suspending students negatively affects misbehaving students as well as innocent bystanders. All things being equal, schools that manage student behavior through means other than suspension produce the highest achieving students. In this respect, the quality of education a school provides is closely connected to its discipline policies.
Reformers have largely overlooked the connection between discipline and …
Federal Aid For Children And Teachers In All Schools, T. Raber Taylor
Federal Aid For Children And Teachers In All Schools, T. Raber Taylor
The Catholic Lawyer
No abstract provided.
The Child Benefits System In Operation - Federal Style, Hugh L. Carey
The Child Benefits System In Operation - Federal Style, Hugh L. Carey
The Catholic Lawyer
No abstract provided.
Education As A Vital Right, Clayton Kozinski
Education As A Vital Right, Clayton Kozinski
Journal of Legislation
No abstract provided.
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
Tightenting The Loophole: The Role Of Fee-Shifting Statutes In Resolving The Growing Problem Of Servicing America's Student Loan Debt, Katheryn E. Marcum
West Virginia Law Review
No abstract provided.
Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick
Campus Sexual Misconduct Due Process Protections, Christina Kirkpatrick
Channels: Where Disciplines Meet
This paper explores the present state of institutional discipline regarding sexual assaults on campus and the impact of the April 4, 2011 “Dear Colleague Letter” (DCL) issued by the Office for Civil Rights of the Department of Education on this problem. The paper then discusses the applicable Title IX standards and the procedural due process rights for the accused in campus sexual assault cases. The paper explores colleges’ responses to the DCL and means for redress for the accused under Title IX. The author argues that the DCL improperly incentivizes colleges to convict the accused, and suggests that cases of …
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
Affirmative Confusion: A Proposed Paradigm Shift In Higher Education Disciplinary Proceedings, Kendal Poirier
University of Massachusetts Law Review
This Note examines the codification of affirmative consent statutes in New York and California as well as the language of Title IX of Education Amendments of 1972, with the ultimate goal of demonstrating that the two statutory constructions cannot co-exist without jeopardizing accused students’ due process rights. During the course of a college or university disciplinary proceeding in an affirmative consent jurisdiction, the potential exists for a burden shift onto the accused student to affirmatively prove consent was obtained. Such a shift directly conflicts with Title IX mandates for prompt and equitable treatment. This Note proposes that in order to …
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii
University of Richmond Law Review
Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.
In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
The Accreditation Of Religious Law Schools In Canada And The United States, John Boersma
BYU Law Review
Ongoing litigation in Canada suggests that the legal status of religiously affiliated law schools could be in jeopardy. In Canada, regulatory authorities have sought to deny accreditation status to a religiously affiliated law school (Trinity Western University) due to its commitment to a traditional Christian understanding of marriage. According to Canadian provincial authorities, this commitment has a discriminatory effect on LGBT students. Similar events could potentially occur in the United States. It is possible that American regulatory bodies could seek either to rescind or withhold accreditation from a religiously affiliated law school because of the discriminatory effects of its policies. …
A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski
A Few Words Of Caution As The Supreme Court Considers Fry V. Napoleon Community Schools, Kevin Golembiewski
Washington and Lee Law Review Online
This term, the Supreme Court will consider Fry v. Napoleon Community Schools. Fry implicates a circuit split on the proper scope of the exhaustion requirement in 20 U.S.C. § 1415(l) of the Individuals with Disabilities Education Act (IDEA). That section requires parents of students with disabilities to exhaust state administrative remedies “before the filing of a civil action . . . seeking relief that is also available under” the IDEA. Two different approaches to this requirement have emerged among the courts of appeals: an “injury-centered” approach and a “relief-centered” approach. Under the injury-centered approach, exhaustion is required when a …
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
"Profiting At My Expense": An Analysis Of The Commercialization Of Professors' Lecture Notes, Ashley T. Barnett
Journal of Intellectual Property Law
No abstract provided.
Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright
Mission Accomplished: The Unfinished Relationship Between Black Law Schools And Their Historical Constituencies, Mary Wright
North Carolina Central Law Review
No abstract provided.
On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport
On Shared Governance, Missed Opportunities, And Student Protests, Nancy B. Rapoport
Nevada Law Journal
No abstract provided.
Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan
Pre-Competencies As Precursors: Enhanced Admissions Criteria In The Age Of Seat-Deposit Anxiety, Rebecca Flanagan
Nevada Law Journal
No abstract provided.
In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman
In Defense Of Disabled Students: Why The Stay-Put Provision Protects Student Placement Throughout The Entire Appeals Process, Lisette Guzman
Seton Hall Circuit Review
No abstract provided.
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
University of Miami Law Review
Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.
This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox
“His Wrists Were Too Small”: School Resource Officers And The Over-Criminalization Of America’S Students, Lauren A. Maddox
University of Miami Race & Social Justice Law Review
No abstract provided.
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Cash Is King: How Market-Based Strategies Have Corrupted Classrooms And Criminal Courts In Post-Katrina New Orleans, Olympia Duhart, Hugh Mundy
Seattle University Law Review
On many accounts, it is a tale of two cities. The headlines and marketing machines tout to the world that “The Big Easy is Back.” But beyond the celebrations and parades, the story for poor Katrina survivors is very different. While many residents and businesses are enjoying a resurgence a decade after Katrina stormed through, others in post-Katrina New Orleans have a different experience. More than ten years after Hurricane Katrina, the city still struggles with systemic failures. These problem areas include housing, health care, mental health treatment, employment, education, and the criminal justice system. All of these challenges are …
Recent Decisions: Textbooks For Parochial Schools
Recent Decisions: Textbooks For Parochial Schools
The Catholic Lawyer
No abstract provided.
Aid To Education; The Ribicoff Memorandum; Church And State; Law And Morals; Fair Housing Laws; Labor Law; Contingent Fees
The Catholic Lawyer
No abstract provided.
Mater Et Magistra; The United States Supreme Court; The Eichmann Trial; Positivism; Life, Death, Law; Charitable Contributions; Capital Punishment; Natural Law; Aid To Education
The Catholic Lawyer
No abstract provided.
Right To Travel; Aid To Education; Law And Morals; Religious Liberty; Obscenity And The Law; Segregation; Divorce And The Catholic Attorney;
The Catholic Lawyer
No abstract provided.
Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.
Equal Justice Under Law - Tax Aid To Education, William J. Kenealy, S.J.
The Catholic Lawyer
No abstract provided.
Eliminating Zero Tolerance Policies In Schools: Miami-Dade County Public School's Approach, Jeremy Thompson
Eliminating Zero Tolerance Policies In Schools: Miami-Dade County Public School's Approach, Jeremy Thompson
Brigham Young University Education and Law Journal
No abstract provided.
Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson
Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson
Brigham Young University Education and Law Journal
No abstract provided.
Making The Grade: A Ground-Level Analysis Of New York State's Teacher Performance Review Under The Appr, Sabrina R. Moldt
Making The Grade: A Ground-Level Analysis Of New York State's Teacher Performance Review Under The Appr, Sabrina R. Moldt
Brigham Young University Education and Law Journal
No abstract provided.
Should The State Aid Private Schools?, Robert F. Drinan, S.J.
Should The State Aid Private Schools?, Robert F. Drinan, S.J.
The Catholic Lawyer
No abstract provided.
The More Things Change, The More They Stay The Same: Why Fisher V. University Of Texas At Austin Will Not Fundamentally Alter The Affirmative Action Landscape, Adam Lamparello
University of Miami Business Law Review
No abstract provided.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
Diversity Is Dead. Long Live Diversity: The Racial Isolation Prong Of Kennedy’S Pics Concurrence In Fisher And Beyond., Francisco M. Negrón Jr.
University of Miami Business Law Review
No abstract provided.
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant
University of Miami Business Law Review
No abstract provided.