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Full-Text Articles in Law
The School Civil Rights Vacuum, Emily Suski
The School Civil Rights Vacuum, Emily Suski
Faculty Publications
Recent cases of pervasive sex abuse at universities, including those committed by Larry Nassar at Michigan State University and by Jerry Sandusky at Pennsylvania State University, demonstrate the limitations of Title IX as a tool for protecting college students. What has gone far less recognized is that in the K–12 public school context, Title IX and other civil rights laws, including the Fourteenth Amendment, are at least as ineffective at protecting students from sexual, physical, and verbal abuse and harassment. Public school students rarely succeed on Fourteenth Amendment or Title IX claims, even in some of the most egregious cases. …
Dark Sarcasm In The Classroom: The Failure Of The Courts To Recognize Students' Severe Emotional Harm As Unconstitutional, Emily Suski
Faculty Publications
Sometimes the very people who are supposed to teach, nurture, and protect students in public schools — the students’ teachers, principals, coaches, and other school officials — are instead the people who harm them. Public school officials have beaten students, causing significant physical harm. They have also left students suffering from depression, suicidal ideation, and Post-Traumatic Stress Disorder. When school officials cause such severe harm to students, all the federal courts of appeals to consider the issue have concluded that the Fourteenth Amendment at least in theory protects them, regardless of whether the form of the harm is emotional or …
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
The Constitutional Rights Of Teachers And Professors, William W. Van Alstyne
Faculty Publications
The discussion examines the current state of educators' rights and identifies two key areas that are still hotly contested: extramural utterances that my be critical of the institution itself and a teacher's freedom with his own classroom. A survey of two recent cases illuminates these issues.