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Articles 1 - 15 of 15
Full-Text Articles in Law
Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow
University of Miami Law Review
In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …
Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero
Educational Environments And The Federal Right To Education In The Wake Of Parkland, Maybell Romero
University of Miami Law Review
A vociferous debate rages over the measures that should be taken to prevent high-profile incidents of mass school shootings like that at Marjory Stoneman Douglas High School in Florida on February 14, 2018, or, more recently, that at Santa Fe High School in Texas on May 18, 2018. Heightened security and surveillance measures, such as metal detectors and closed-circuit television (“CCTV”) monitoring, have been proposed in a variety of school districts. These measures, however, have been shown to have only a deleterious effect on learning outcomes and the relationships between students and school faculty, and they may even be hazardous …
Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk
Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk
University of Miami Law Review
No abstract provided.
Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez
Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez
University of Miami Law Review
No abstract provided.
Keynote Address, Justice John Paul Stevens (Ret.)
Keynote Address, Justice John Paul Stevens (Ret.)
University of Miami Law Review
No abstract provided.
Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff
Doe V. University Of Michigan: Free Speech On Campus 25 Years Later, Len Niehoff
University of Miami Law Review
No abstract provided.
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman
University of Miami Law Review
This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. Second, I argue that a campus presence requirement for regulating any kind of off-campus cyberspeech never really existed, so any suggestion to the contrary …
The Limits Of Education Purpose Limitations, Elana Zeide
The Limits Of Education Purpose Limitations, Elana Zeide
University of Miami Law Review
While student privacy has been a public issue for half a century, its contours change in response to social norms, technological capabilities, and political ideologies. The Family Educational Rights and Privacy Act (FERPA) seeks to prevent inaccurate or inappropriate information about students from being incorporated into pedagogical, academic, and employment decisionmaking. It does so by con- trolling who can access education records and, broadly, for what purposes.
New education technologies take advantage of cloud computing and big data analytics to collect and share an unprecedented amount of information about students in class- rooms. Schools rely on outside, often for-profit, entities …
Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato
Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato
University of Miami Law Review
College journalists are in a unique position. On one hand, they are typical college students, attending classes and cheering on the team at all the big games. On the other, they serve as investigative journalists, revealing the university’s deepest flaws on the front page of their newspaper. These roles should not be mutually exclusive, but at an alarming rate, universities are attempting to rid themselves of bad press by censoring their own campus newspapers.
This Note argues that universities can get away with this because of the current structure of the public forum doctrine. This doctrine determines the extent to …
A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave
A Critical Look At How Top Colleges Are Adjudicating Sexual Assault, Tamara Rice Lave
University of Miami Law Review
This Article examines the procedural protections afforded by the top American colleges and universities. After briefly situating these policies historically, it presents original research on the procedural protections provided by the top twenty universities, top ten liberal arts colleges, and top five historically black colleges as ranked by U.S. News and World Reports. In 2015, university administrators were contacted and asked a series of questions about the rights afforded to students, including the standard of proof, right to an adjudicatory hearing, right to confront and cross-examine witnesses, right to counsel, right to silence, and right to appeal. This Article describes …
Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth
Censorship By Crying Wolf: Misclassifying Student Speech As Threats, Susan Kruth
University of Miami Law Review
Freedom of expression is at risk at colleges and universities across the country. While campus administrators employ a number of strategies to censor speech they disfavor, this piece explores the trend of justifying censorship and punishment of expression by labeling it a “threat” and citing concerns about safety. In contrast to the kind of speech the Supreme Court has defined as a “true threat,” the expression at issue in the cases discussed here poses no safety risk, comprising political commentary, jokes, and pop culture references. Its punishment both trivializes actual dangers and chills campus discourse. Accordingly, it is imperative that …
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
One Of These Interns Is Not Like The Others: How The Eleventh Circuit Misapplied The “Tweaked Primary Beneficiary” Test To Required Clinical Internships, Samuel C. Goodman
University of Miami Law Review
Today’s ever-changing business environment continues to challenge the traditional educational model, further blurring the line between learning and labor. This has resulted in great uncertainty as to the proper legal treatment of the student intern, specifically the unpaid student intern.
This Note is intended to introduce a new perspective to the unpaid internship debate and highlight the need for courts to focus on the specific type of internship at issue before formulating an approach to best assess whether the intern should be classified as an employee entitled to wages. Part I of the Article will discuss the Fair Labor Standards …
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
Nfib’S New Spending Clause: Congress’ Limited Authority To Prevent Campus Sexual Assault Under Title Ix, Ravika Rameshwar
University of Miami Law Review
“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy …
Education Emancipation For Inner City Students: A New Legal Paradigm For Achieving Equality Of Educational Opportunity, Justin J. Sayfie
Education Emancipation For Inner City Students: A New Legal Paradigm For Achieving Equality Of Educational Opportunity, Justin J. Sayfie
University of Miami Law Review
No abstract provided.
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
After Rowley: The Handicapped Child's Right To An Appropriate Education, Laura Gangemi
University of Miami Law Review
No abstract provided.