Law Commons^™

Canon Law, American Law, And Governance Of Catholic Schools: A Healthy Partnership, Charles J. Russo

Educational Leadership Faculty Publications

Roman Catholic schools developed in the United States during the latter part of the 19th century partially in response to a significant wave of anti-Catholic sentiment that swept the nation. Consequently, Catholic schools were established as a kind of parallel system largely free from civil laws, as bishops, pastors, and other religious leaders were free to operate their schools largely under the Church's own internal juridical system, the Code of Canon Law. However, by the middle of the 20th century, due to a variety of demographic factors, the composition of Catholic schools began to change dramatically, particularly with regard to …

Gender Segregation In The Public Schools; Opportunity, Inequality, Or Both., Bill Piatt

The Scholar: St. Mary's Law Review on Race and Social Justice

Should the public schools be allowed to segregate girls from boys in the classroom? There is a history of single-sex education in this country, but there are concerns about single gender classrooms. In recent decades, researchers have begun to assert that requiring boys and girls to be taught together has a negative impact on the educational progress because of inherent differences in boy/girl learning behavior, or even in the development of their brains. Proponents of gender exclusive classrooms point out the voluntary nature of the programs, and the explicit findings of the Department of Education justifying such programs. Opponents argue …

Neo-Orthodoxy In Academic Freedom, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

This review essay analyzes two recent books that advance neo-orthodox theories of academic freedom: Matthew Finkin and Robert Post, For the Common Good: Principles of American Academic Freedom, and Stanley Fish, Save the World on Your Own Time. Both books develop principles articulated in the American Association of University Professors 1915 Declaration, which emphasize the role of faculty in advancing knowledge and the need to insulate professional evaluation of academic work from lay, political interference. This review essay defends the return to protection of the scholarly search for truth as the touchstone of academic freedom, offers critiques of the authors’ …

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.

Funny Money: How Federal Education Funding Hurts Poor And Minority Students, Cassandra Jones Havard

All Faculty Scholarship

Neither race nor class alone can predict educational achievement. However, in America, disparities in funding for education may be an impediment to educational opportunity for disadvantaged youth. At the crux of the Nation's achievement gap among minority children is the question of the how states should allocate federal education funds, and how local school districts should use those monies. Educators have long recognized that the socioeconomic circumstances of many public school students present great educational challenges. Since 1965, Congress has authorized the use of federal funds by local school districts to remedy the achievement gap.

Part I of this Article …

Recognizing The Accomplishments Of Ade Commissioner Ken James, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

This summer, Dr. Ken James announced his resignation as Education Commissioner at the Arkansas Department of Education (ADE). Dr. James’ last day was June 30, 2009 and Diana Julian stepped in as interim commissioner. Today, Governor Mike Beebe announced Tom Kimbrell as his choice for the next commissioner. As we await the official appointment of the new commissioner, the OEP felt it was appropriate to highlight Dr. James’ contributions to Arkansas education.

Oep Welcomes New Commissioner: Tom Kimbrell, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The Office for Education Policy is excited to welcome the new Arkansas Education Commissioner – Dr. Tom Kimbrell.

Broken Promises: When Does A School's Failure To Implement An Individualized Education Program Deny A Disabled Student A Free And Appropriate Public Education, David Ferster

Buffalo Public Interest Law Journal

No abstract provided.

Personnel Is Policy: Schools, Student Groups, And The Right To Discriminate, George B. Davis

Washington and Lee Law Review

No abstract provided.

A Teacher's Right To Remain Silent: Reasonable Accommodation Of Negative Speech Rights In The Classroom , Matthew Baker

BYU Law Review

No abstract provided.

Competing In The Federal Race To The Top, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

The federal Race to the Top is a national competition between states intended to support education reform and innovation in classrooms. States at the forefront of school reform are eligible to compete for $4.3 billion in Race to the Top grants. Since this is a competitive grant, it is possible that some states will not receive awards, and President Obama assures that “politics won’t come into play.”

What Is Highly Qualified For Arkansas Teachers?, Nathan C. Jensen, Gary W. Ritter

Policy Briefs

In response to the No Child Left Behind Act of 2001, state departments of education, including the Arkansas Department of Education (ADE), established rules to define a “highly qualified” teacher (HQT). While the spirit of this provision is clear and reasonable, the devil is, of course, in the details. That is, what exactly does highly qualified mean? Observers had good reason to be suspicious early on when many states claimed to have 95% or more of teachers being highly qualified. (For instance, according to Education Commission of the States, 100% of North Dakota teachers are considered highly qualified and 14 …

Policing In Schools: Developing A Governance Document For School Resource Officers In K-12 Schools, India Geronimo Thusi, Catherine Y. Kim

Books & Book Chapters by Maurer Faculty

This White Paper argues that a formal governance document is necessary to ensure that law enforcement, school officials, and the communities they serve have a shared understanding of the goals of the SRO program, and that these officers receive the necessary support and training prior to their deployment.6 Absent specific guidelines, SROs may not have a clear understanding of their role within the larger educational context or the rights and needs of the children they are intended to serve; they may inadvertently, and indeed counterproductively, create an adversarial environment that pushes students, particularly at-risk students, out of school rather than …

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …

Confronting The Evolving Safety And Security Challenge At Colleges And Universities, Oren R. Griffin

The University of New Hampshire Law Review

[Excerpt] “Colleges and universities have long been scrutinized and confronted with lawsuits regarding safety and security measures designed and implemented to protect students and prevent dangerous incidents on campus. Under the doctrine of in loco parentis, college administrators assume responsibility for the physical safety and well-being of students as they matriculate through their academic programs. However, in recent decades, the realization that university communities are not immune to criminal activity has led to federal legislation and judicial opinions that have attempted to identify what legal duty colleges and universities have to prevent security breaches. Moreover, college and university administrators have …

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …

Lessons Learned From Forest Grove School District V. T.A.: How The Supreme Court Can Refine The Approach To Private School Tuition Reimbursement Under The Idea, Courtney Rachel Baron

NULR Online

On April 28, 2009, the Supreme Court heard oral argument in Forest Grove School District v. T.A., a case that addresses a deeply contested issue in special education litigation. Reviewing the Ninth Circuit’s decision in Forest Grove, the Court will decide whether the Individuals with Disabilities Education Act (IDEA) entitles parents to reimbursement for their child’s private school education if the child has never received special education services provided by a public school. Forest Grove represents the latest of many cases to perpetuate the circuit split on this issue. In fact, in 2007, the Supreme Court addressed the …

Parents Involved In Community Schools V. Seattle School District No. 1: An Overview With Reflections For Urban Schools, Charles J. Russo, William E. Thro

Educational Leadership Faculty Publications

In Parents Involved in Community Schools v. Seattle School District No. 1, a highly contentious and divided Supreme Court invalidated race-conscious admissions plans in two urban school systems, Seattle and Louisville. As such, Parents Involved was the latest chapter in the Court's almost 40-year history of reaching mixed results in such far-reaching areas involving race-conscious remedies as admissions to higher education, employment in the general workforce and in education, minority set aside programs, and voting rights. In light of the impact that Supreme Court cases on race-conscious remedies have in education, particularly in urban settings, this article first reviews …

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes Of Native Speakers Of Cape Verdean Creole, Chinese Dialects, Haitian Creole, Spanish, And Vietnamese, Miren Uriarte, Nicole Lavan, Nicole Agusti, Mandira Kala, Faye Karp, Peter Nien-Chu Kiang, Lusa Lo, Rosann Tung, Cassandra Villari

Gastón Institute Publications

This study focuses on the academic experience of English Learners (ELs) in Boston’s public schools in the year before and in the three years following the implementation of Referendum Question 2. In 2002, this referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts public schools, replacing it with Sheltered English Immersion (SEI). Specifically, this report focuses on the enrollment and academic outcomes of the five largest groups of native speakers of languages other than English in the Boston Public Schools: speakers of Spanish, Chinese dialects, Vietnamese, Haitian Creole, …

When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz

Faculty Scholarship

Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …

English Learners In Boston Public Schools: Enrollment And Educational Outcomes Of Native Spanish Speakers, Miren Uriarte, Nicole Lavan, Nicole Agusti, Faye Karp

Gastón Institute Publications

In November 2002, the voters of Massachusetts approved Referendum Question 2. This referendum spelled an end to Transitional Bilingual Education (TBE) as the primary program available for children requiring language support in Massachusetts. In its place came a radically different policy called Sheltered English Immersion (SEI). Unlike TBE, which relies on the English learners’ own language to facilitate the learning of academic subjects as they master English, SEI programs rely on the use of simple English in the classroom to impart academic content; teachers use students’ native language only to assist them in completing tasks or to answer a question. …

Intelligent Design And Tort Law: Partners In A Unified Theory Of Causation, Barbara Mouly

Faculty Publications and Presentations

No abstract provided.

English Learners In Boston Public Schools: Enrollment, Engagement And Academic Outcomes, Ay2003-Ay2006 Final Report, Rosann Tung, Miren Uriarte, Virginia Diez, Nicole Lavan, Nicole Agusti, Faye Karp, Tatjana Meschede

Gastón Institute Publications

In 2002, Massachusetts voters approved a referendum against the continuance of Transitional Bilingual Education (TBE) as a method of instruction for English language learners. The study undertaken by the Mauricio Gaston Institute at UMass Boston in collaboration with the Center for Collaborative Education in Boston finds that, in the three years following the implementation of Question 2 in the Boston Public Schools, the identification of students of limited English proficiency declined as did the enrollment in programs for English; the enrollment of English Learners in substantially separate Special Education programs more than doubled; and service options for English Learners narrowed. …

Not Very Collegial: Exploring Bans On Illegal Immigrant Admissions To State Colleges And Universities, Marcia A. Yablon-Zug, Danielle R. Holley-Walker

Faculty Publications

No abstract provided.

Unlv Magazine, Michelle Mouton, Tony Allen, Afsha Bawany, Shane Bevell, Phil Hagen, Greg Lacour, Erin O'Donnell, Karyn S. Hollingsworth

UNLV Magazine

No abstract provided.

Liability: How To Stay Out Of Court, Stephanie Keene, Emily Dillard, Kyanna Coffee, Jeremy Jenkins

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Liability can be defined as being held legally responsible for an incident that may occur. As student affairs professionals, one must be very cautious as to stay out of court. Every word or action a student affairs professional does may be scrutinized and twisted to make them or their given university legally responsible for any adverse incidents that they may have had some involvement with. Incidents which student affairs professionals may be held responsible for can range anywhere from student deaths to expulsion/removal from school and much more. This handbook is designed to better educate you about liability and how …

The Ginsburg Group: Technology: How To Stay Out Of Court, Jennifer Ballard, Lee Maglinger, Alisha Orosz, Mandy Skinner, Kevin Thomas

Parameters of Law in Student Affairs and Higher Education (CNS 670)

For professionals in higher education, it is our responsibility to stay on top of the ever changing landscape of technology at our colleges and universities. In order to provide the best and most convenient services, it is our objective to continue to expand the walls of higher education into the global boundaries of technology. For the purpose of this paper, the Ginsburg Group has focused on five different areas regarding the use of technology. In these areas, the information provided is our thoughts and best advice in how institutions of higher learning can avoid the courtroom. The following pages will …

The Abcs Of Crisis Management: How To Stay Out Of Court, Lorna Hollowell, Kendra Leveridge, Andrew Rash, Robin Rathje, Gary Wiser

Parameters of Law in Student Affairs and Higher Education (CNS 670)

Advice about Crisis Management is what this handbook is all about. We have comprised a handbook to hopefully help you stay out of court. We call it the ABC’s of CRISIS MANAGEMENT. Since it is imperative that one must advise properly, there is a need to have the skill of knowing what type of advice one renders. The key explanation of these types of advice lies in the audience or recipients of the advice. Our goal is to keep you out of court throughout a crisis.

Monopoly Pricing On Campus: New York's Textbook Access Act, Gary Minda

Pace Law Review

No abstract provided.