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Articles 1 - 17 of 17
Full-Text Articles in Law
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
A Meeting Of The Minds: Utilizing Maine’S State Education System To Promote The Success Of Its Native Students While Maintaining Tribal Sovereignty, Jordan T. Ramharter
Maine Law Review
The United States Federal Government is failing to provide its Native American students with access to equal educational opportunities. Although “tribal sovereignty” provides tribes with the right to self-govern, a “trust relationship” is maintained between the sovereign nations and the federal government. This duality results in tribes being viewed as “domestic dependent nations” by the federal government. Due to this relationship, the federal government has long recognized not only a right, but a duty to utilize its plenary powers to develop necessary legislative and executive authority in order to support the nation’s tribes. Encompassed in this duty is the responsibility, …
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
Now I Know My “Acbs”: The Right To Literacy Following An Incremental Path, Gregory J. O'Neill
University of Massachusetts Law Review
It is a tragic irony that a nation with enormous wealth will not provide the most basic of education rights to its citizens. Despite continual judicial and legislative measures to ensure access to education, or a facsimile thereof, no judicial or legislative body has taken the step to ensure that literacy is a fundamental right for the citizens of the United States. The issue has been, and continues to be, presented to both Congress and the courts. While Congress has passed legislation to some degree, both institutions have largely failed to ensure the population receives the fundamental right of literacy. …
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Home, Schooling, And State: Education In, And For, A Diverse Democracy, Vivian E. Hamilton
Faculty Publications
Since the late nineteenth century, virtually all school-aged children have attended school; only rarely did children live and learn entirely within their homes. In recent decades, however, the practice of elective homeschooling has emerged, and the number of families opting out of regular schools has surged. Currently, the parents of nearly two million school-aged children annually eschew traditional schooling.
A small but well-resourced homeschool lobby has aggressively pressured state legislators to withdraw state oversight of homeschooling. No similarly resourced lobby exists to counterbalance these efforts. As a result, states now impose few—and in some cases, no—obligations on parents who choose …
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
Sexual Education As A Form Of Sexual Assault Prevention: A Survey Of Sexual Education Among States With The Highest And Lowest Rates Of Rape, Brittney Herman
BYU Education & Law Journal
Our Nation overwhelmingly supports sexual education in public
schools. A study by Siecus found that 98% of people surveyed support
sexual education in public high schools and 89% in public middle
schools. Unfortunately for some students, they will receive no sexual
education of very limited, ineffective sexual education, simply because
of where they live. Even if a student is fortunate to live in an
area which has or requires sexual education, this education may be
insufficient.
There have been countless advocates for sexual education.
With the rise of each new sexual education concern, advocates emerge
as if in waves. Most …
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
Administering Medical Marijuana At School In Colorado: A Legal Analysis, Spencer C. Weiler, Philip Westbrook
BYU Education & Law Journal
The topic of this legal analysis is the administration of medical
marijuana to students attending Colorado K-12 public schools.
Colorado has been a pioneer in legalizing the use of marijuana. Beginning
in the year 2000, Colorado voters approved Amendment 20
legalizing the use of marijuana for medical purposes. This law specifically
allows minors to receive a prescription for medical marijuana
under certain conditions. An unintended consequence of this law
is that minors meeting its requirements are requesting, along with
their caregivers and physicians, to have marijuana-based medication
administered to them at schools. The purpose of this legal analysis
is to …
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Mccleary V. State And The Washington State Supreme Court's Retention Of Jurisdiction—A Success Story For Washington Public Schools?, Jessica R. Burns
Seattle University Law Review SUpra
No abstract provided.
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Title Ix & Menstruation, Margaret E. Johnson, Emily Gold Waldman, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
“Oh no. Could I borrow a tampon or pad?” These (or similar) words are familiar to almost everyone who has ever had a period. Even for adults, menstruation can at times be a challenge. For some schoolchildren, it can be an insurmountable obstacle to receiving an education. Students are subject to constant observation by classmates and teachers; they may not have autonomous access to a bathroom during the school day; or they may not be able to afford menstrual products. They may experience menstruation-related peer harassment, restrictive school policies, a lack of access to menstrual products, and inadequate menstruation-related education. …
Implementing A Uniform Burden Of Proof For Title Ix Coordinators During The Investigation Stage: An Objective And Efficient Approach To Title Ix, Sara Krastins
St. John's Law Review
(Excerpt)
Imagine it is 1972. Congress just enacted Title IX of the Education Amendments, and it is signed into law by President Nixon. For the first time in United States history, legislators recognize sex discrimination as a pervasive issue in educational environments. The law is enacted with the purpose of ending sex discrimination in college sports; for the first few years, that is the only purpose Title IX serves.
Gradually, Title IX expands into the realm of sexual and interpersonal violence on college campuses. Yet despite the law’s expansion, compliance with Title IX is neglected. No entity actively monitors schools’ …
Mediation In Education For Foster Care, Anelise Powers
Mediation In Education For Foster Care, Anelise Powers
Pepperdine Dispute Resolution Law Journal
There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to improve …
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
Connecticut Pre-K Policy, Parental Choice, And The Trinity College Community Child Center, Manny Rodriguez
Connecticut Pre-K Policy, Parental Choice, And The Trinity College Community Child Center, Manny Rodriguez
Senior Theses and Projects
Traditional public schools in Connecticut have been pushed out by newer options since the landmark Sheff vs. O’Neill decision, which called for the development of magnet schools. The influx of magnet schools to Connecticut has caused traditional preschools like the Trinity College Community Child Center (TC4) to experience more competition and lose potential enrollees and revenue. For this project, I sought to discover how the growth of magnet pre-k programs has influenced how families choose schools for their 3-to-5-year-old children. I analyzed data from the Connecticut Office of Early Childhood, the Connecticut State Department of Education and conducted 10 semi-structured …
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala
Duke Law & Technology Review
No abstract provided.
Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades
Big Tech Makes Big Data Out Of Your Child: The Ferpa Loophole Edtech Exploits To Monetize Student Data, Amy Rhoades
American University Business Law Review
No abstract provided.
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
Special Education Disparities Are Social Determinants Of Health: A Role For Medical-Legal Partnerships, Karen Bonuck, Leah Hill
Special Education Disparities Are Social Determinants Of Health: A Role For Medical-Legal Partnerships, Karen Bonuck, Leah Hill
Faculty Scholarship
Problem: Education is a key social determinant of health. The federal Individuals with Disabilities Education Act (IDEA) purportedly affords children the right to a free and appropriate education. Yet, racial, ethnic, and economic disparities exist regarding appropriate identification and classification of children with needs for special education, and access to services.
Purpose: This article first highlights gaps and disparities in special educational services, and their structural linkage to poverty. The second section describe the first years of a medical–legal collaboration between a University Center of Excellence in Developmental Disabilities (UCEDD) and Fordham University, focused on special education.
Key Points: The …
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.