Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brigham Young University Law School (5)
- Maurer School of Law: Indiana University (2)
- University of Michigan Law School (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
-
- Villanova University Charles Widger School of Law (2)
- American University Washington College of Law (1)
- Campbell University School of Law (1)
- Fordham Law School (1)
- Mercer University School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Seattle University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- West Virginia University (1)
- William & Mary Law School (1)
- Keyword
-
- Schools (3)
- Sexual harassment (3)
- Federal Communications Act of 1996 (2)
- Internal Connections (2)
- Title IX (2)
-
- Universal Service (2)
- Colleges and universities/Admission (1)
- 1983 (1)
- Academic freedom (1)
- Adarand Constructors Inc. v. Pena (1)
- Admissions (1)
- Affirmative action (1)
- Affirmative action in education (1)
- Asian Americans (1)
- BOCES (1)
- Briefs (1)
- Buckley Amendment (1)
- Bullying (1)
- Canada (1)
- Case law (1)
- Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services v. Sweeney (1)
- Central School District (1)
- Civil rights (1)
- Classroom (1)
- College sports (1)
- Constitutional law; gender equality; single-sex education; Equal Protection Clause; Fourteenth Amendment; Virginia Military Institute; VMI; discrimination against women; history of gender equality; (1)
- Court of Appeals (1)
- Disabilities education act (1)
- Discrimination (1)
- Diversity (1)
- Publication
-
- Brigham Young University Education and Law Journal (4)
- Federal Communications Law Journal (2)
- Washington Law Review (2)
- American University Journal of Gender, Social Policy & the Law (1)
- BYU Law Review (1)
-
- Campbell Law Review (1)
- Dalhousie Law Journal (1)
- Fordham Urban Law Journal (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Mercer Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- Seattle University Law Review (1)
- Touro Law Review (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Arkansas at Little Rock Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Vanderbilt Law Review (1)
- Villanova Law Review (1)
- West Virginia Law Review (1)
- William & Mary Journal of Race, Gender, and Social Justice (1)
Articles 1 - 26 of 26
Full-Text Articles in Law
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Federal Communications Law Journal
Universal service is extended to include new recipients, such as schools, as a result of the Telecommunications Act of 1996. The FCC should proceed cautiously, and maintain its commitment to the traditional goal of universal service— Americans with basic telephone services— carrying out this new mandate.
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
Federal Communications Law Journal
The Telecommunications Act of 1996 extends universal service support to schools and libraries. Pursuant to this legislation, the FCC has provided all eligible schools with discounts of between twenty and ninety percent on telecommunications services, Internet access, and internal connections— to a 2.25 billion dollar annual cap. Critics have denounced the subsidy for internal connections as unsupported by the Act's language and outside the FCC's authority. However, based on a plain reading of the statute, on case law, and on legislative history, it is clear that the FCC properly exercised discretion in allocating the potential fund.
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
University of Arkansas at Little Rock Law Review
No abstract provided.
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
West Virginia Law Review
No abstract provided.
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Washington Law Review
The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
BYU Law Review
No abstract provided.
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Washington Law Review
Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …
An Evolutionary Perspective Of Peer Sexual Harassment In American Schools: Premising Liability On Sexual, Rather Than Power Dynamics, Laura M. Sullivan
An Evolutionary Perspective Of Peer Sexual Harassment In American Schools: Premising Liability On Sexual, Rather Than Power Dynamics, Laura M. Sullivan
William & Mary Journal of Race, Gender, and Social Justice
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.
Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon
Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon
Vanderbilt Law Review
This country has long recognized the necessity of an education in order to function productively in society. As suggested by one of the founding fathers, Thomas Jefferson, "some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system." More recently, the Supreme Court recognized the importance of education in Brown v. Board of foreclose the means by which that group might raise the level of es- teem in which it is held by the majority .... Illiteracy is an enduring disability."
Today this need to educate remains just as pressing. Our country …
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Brigham Young University Education and Law Journal
No abstract provided.
Congressional Attention Needed For The "Stay-Put" Provision Of The Individuals With Disabilities Education Act, Trent D. Nelson False
Congressional Attention Needed For The "Stay-Put" Provision Of The Individuals With Disabilities Education Act, Trent D. Nelson False
Brigham Young University Education and Law Journal
No abstract provided.
The Lemon In Smith V. Mobile County: Protecting Pluralism And General Education, Thomas Marvan Skousen False
The Lemon In Smith V. Mobile County: Protecting Pluralism And General Education, Thomas Marvan Skousen False
Brigham Young University Education and Law Journal
No abstract provided.
James B. Conant: A Giant On Academe's Left, Right And Center, Book Review Of James B. Conant, Harvard To Hiroshima And The Making Of The Nuclear Age By James G. Hershberg, Jeffrey O'Connell False, Thomas E. O'Connell
James B. Conant: A Giant On Academe's Left, Right And Center, Book Review Of James B. Conant, Harvard To Hiroshima And The Making Of The Nuclear Age By James G. Hershberg, Jeffrey O'Connell False, Thomas E. O'Connell
Brigham Young University Education and Law Journal
No abstract provided.
Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser
Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser
Mercer Law Review
In Hopwood v. Texas, the Court of Appeals for the Fifth Circuit held that the University of Texas ("UT") School of Law's admissions program, which gave preference to African-Americans and Mexican-Americans, violated the Fourteenth Amendment's Equal Protection Clause. For the 1992 school year, the University of Texas School of Law processed applications by using an applicant's Texas Index ("TI") number, a figure comprised of the applicant's undergraduate grade point average and Law School Admissions Test ("LSAT") score. Based on the TI, the law school distributed applications into three categories of review: presumptive admit, presumptive deny, and discretionary zone. For …
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney
Touro Law Review
No abstract provided.
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
The Use Of Race In The Admissions Programs Of Higher Educational Institutions - A Violation Of The Equal Protection Clause?, Kevin Joyner
Campbell Law Review
This Note examines the burden placed on educational institutions to justify race-conscious admissions programs in light of the Equal Protection Clause. First, this note reviews the facts of the case and the decision in Hopwood. Next, this note provides a background of the law applicable to race-conscious programs by examining: (1) University of California v. Bakke; (2) the underlying theories of interpreting the Fourteenth Amendment; (3) the strict scrutiny standard of review; and (4) the Fourth Circuit's 1994 decision to invalidate a university's race-conscious scholarship program in Podberesky v. Kirwan. Finally, this note analyzes the decision by the Fifth Circuit. …
Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi
Comparing United States And New Zealand Legal Education: Are U.S. Law Schools Too Good?, Gregory S. Crespi
Vanderbilt Journal of Transnational Law
This Article offers a thoughtful comparison of the legal educational systems of the United States and New Zealand. The author highlights the significant differences between these two legal educational systems by contrasting their admissions policies, clinical programs, "law-and-economics" electives, and staffing of required courses. Based on this analysis, the author concludes that although U.S. law schools are clearly "better," such superiority may have been achieved at too high of a cost, in terms of both the substantial resources now devoted to legal education which could otherwise be applied to alternative uses and the problematic effects of the stratified legal educational …
Rowinsky V. Bryan Independent School District: Does Title Ix Impose Liability On Schools For Student-To-Student Sexual Harassment, Julie S. Lu
Villanova Law Review
No abstract provided.
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Bucking Up Buckley Ii: Using Civil Rights Claims To Enforce The Federal Student Records Statute, Lynn M. Daggett
Seattle University Law Review
This Article explores enforcement of Buckley and, in particular, the possibilities of using Section 1983 claims for this purpose. It concludes that Section 1983 claims have only limited potential, under narrowly defined circumstances, as a remedy for Buckley violations. Part I of this Article summarizes Buckley's substantive provisions; a comprehensive review is available in a companion article. Part II reviews enforcement of Buckley, other than through Section 1983 claims. Specifically, Part II examines the statute's two enforcement mechanisms as well as the potential of state law tort claims to enforce Buckley and the indirect enforcement mechanism of workplace discipline of …
Why Can't The Football Team Read: The Student Athlete's Right-To-Know Act And The Growing Threat Of Liability, Chris Truax
Why Can't The Football Team Read: The Student Athlete's Right-To-Know Act And The Growing Threat Of Liability, Chris Truax
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Fordham Urban Law Journal
This Note argues that in peer harassment cases, school districts should face liability under a “known or should have known” standard where the school’s intent to discriminate may be determined by the circumstances of the case. Part I provides a brief historical overview of Title IX and the traditional forms of hostile environment harassment that it has been used to combat, demonstrating that courts use the statute to punish harassment where the school has reason to know of the harassment and fails to take appropriate action. Part II explores a subset of hostile environment cases where U.S. circuit courts are …