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Articles 1 - 5 of 5

Full-Text Articles in Law

Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez Apr 2017

Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez

University of Miami Law Review

No abstract provided.


Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman Mar 2017

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 First, even assuming it existed, a geographic requirement is an outdated creature of a pre-Internet age.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 …


What Do Prisoners And Zoo Animals Have In Common? They Have More Protection From Physical Violence Than School Children In Nineteen States, Heddy Muransky, Linda J. Fresneda May 2015

What Do Prisoners And Zoo Animals Have In Common? They Have More Protection From Physical Violence Than School Children In Nineteen States, Heddy Muransky, Linda J. Fresneda

University of Miami Race & Social Justice Law Review

No abstract provided.


Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James Jan 2014

Opt-Out Education: School Choice As Racial Subordination, Osamudia R. James

Articles

Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and …


Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman Apr 2009

Pico Takes A Visit To Cuba: Will Pretext Become Precedent In The Eleventh Circuit?, Joelle C. Achtman

University of Miami Law Review

No abstract provided.