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Articles 1 - 4 of 4
Full-Text Articles in Law
A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson
A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson
Pepperdine Law Review
America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government may …
The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley
The Rowley Enigma: How Much Weight Is Due To Idea State Administrative Proceedings In Federal Court?, Daniel W. Morton-Bentley
Journal of the National Association of Administrative Law Judiciary
In this article, I argue that the phrase "due weight" incorporates a deferential review standard equivalent to the clear error or substantial evidence standard, a conclusion reached by a minority of the circuit courts of appeal. I further argue that, consistent with Rowley, federal courts must afford due weight to administrative officers' substantive or educational conclusions, but no weight to their procedural or non-educational conclusions. Part II offers a general outline of the IDEA, giving special attention to its judicial review provisions. In Part III, I provide a general discussion of judicial review of administrative adjudication. Part IV is devoted …
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
The Third Dimension Of Fape Under The Idea: Iep Implementation, Perry A. Zirkel, Edward T. Bauer
Journal of the National Association of Administrative Law Judiciary
This article provides a synthesis of the three approaches to IEP implementation cases. More specifically, Part I summarizes the materiality/benefit approach, which-like the two-step approach for procedural violations but on a more intertwined basis-requires both a substantial non-implementation and an insufficient benefit. Part II summarizes the materiality-alone approach, which requires only a substantial failure. Part III summarizes the per se approach, which results in a denial of FAPE for any failure to implement beyond one that is clearly de minimis. Finally, Part IV provides conclusions and recommendations for IHOs in light of the incomplete precedential pattern to date. The overall …
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
The Impact Of Marijuana Legalization On Youth & The Need For State Legislation On Marijuana-Specific Instruction In K–12 Schools, Amanda Harmon Cooley
Pepperdine Law Review
State legalization of marijuana is a divisive and polarizing issue that has resulted in fragmentation between governments and citizens. Contrary to federal law, voters in many states have approved ballot initiatives legalizing the sale of marijuana to adults for their recreational use. This Article argues that any state that legalizes marijuana has a concomitant duty to amend its K–12 public school instructional statutes to provide for substantial marijuana education. No state has yet enacted such legislation even though current alternative educational methods fail to provide sufficient safeguards. Accordingly, this Article proposes new statutory remedies that could bridge the gap between …