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Articles 1 - 12 of 12
Full-Text Articles in Law
Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker
Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker
Human Rights Brief
For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …
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 …
Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies
Growing Ideas - Laws That Support Early Childhood Education For All, University Of Maine Center For Community Inclusion And Disability Studies
Early Childhood Resources
State and federal laws protect the rights of children with disabilities. These laws support the inclusion of children with disabilities in care and education settings. Care and education professionals should be familiar with these laws.
Public Law And Social Human Rights, Areto A. Imoukuede
Public Law And Social Human Rights, Areto A. Imoukuede
Faculty Books and Book Contributions
This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Freedom From Ignorance: The International Duty To Provide Public Education, Areto A. Imoukhuede
Faculty Scholarship
This paper argues that public education is an international human right that the U.S. ought to recognise and protect. Recognising a right to public education would correct a major inconsistency in U.S. law by bringing education rights docrtine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognises public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson
Failing The Grade: How The Use Of Corporal Punishment In U.S. Public Schools Demonstrates The Need For U.S. Ratification Of The Children’S Rights Convention And The Convention On The Rights Of Persons With Disabilities, Alice Farmer, Kate Stinson
NYLS Law Review
No abstract provided.
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
(Not Yet) Taking Rights Seriously: The House Of Lords In Begum V. Headteacher And Governors Of Denbigh High School, Gareth Davies
Human Rights & Human Welfare
© Gareth Davies. All rights reserved.
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Let's Talk About Sex: School Surveys And Parents' Fundamental Right To Make Decisions Concerning The Upbringing Of Their Children, Robert Kubica
Let's Talk About Sex: School Surveys And Parents' Fundamental Right To Make Decisions Concerning The Upbringing Of Their Children, Robert Kubica
Villanova Law Review
No abstract provided.
Strengthening America’S Foundation: Why Securing The Right To An Education At Home Is Fundamental To The United States’ Efforts To Spread Democracy Abroad, Eric Lerum, Sheila Moreira, Rena Scheinkman
Strengthening America’S Foundation: Why Securing The Right To An Education At Home Is Fundamental To The United States’ Efforts To Spread Democracy Abroad, Eric Lerum, Sheila Moreira, Rena Scheinkman
Human Rights Brief
No abstract provided.
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Dalhousie Law Journal
The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.
The Right To Education As An International Human Right, Jost Delbruck
The Right To Education As An International Human Right, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.