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- Brigham Young University Education and Law Journal (9)
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Articles 1 - 30 of 38
Full-Text Articles in Law
Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review
Not Just Another Brown Analysis: A Call For Public Education Reform, North Carolina Central Law Review
North Carolina Central Law Review
No abstract provided.
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
Equity In Public Education: School-Finance Reform In Michigan, William S. Koski
University of Michigan Journal of Law Reform
This Note argues that the only adequate compromise between the pressure to limit taxes and the need to provide both educational quality and equity is to institute a form of full-state funded education. Part I of this Note briefly defines equity in public education and discusses the importance of increasing equity. Part II discusses other values and concerns that arise in the school-finance debate, such as liberty, local control, efficiency, and quality of education. Part III considers several fundamental school-finance alternatives. Part IV provides a historical overview of Michigan school finance reform and a description of the current State School …
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
Hawaiian Eth(N)Ics: Race And Religion In Kamehameha Schools, Leigh Caroline Case
William & Mary Bill of Rights Journal
No abstract provided.
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Illiberal Education: The Politics Of Race And Sex On Campus, Bruce Goldner
Michigan Law Review
A Review of Illiberal Education: The Politics of Race and Sex on Campus by Dinesh D'Souza
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Violence Against Women And Legal Education: An Essay For Mary Joe Frug, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Educational Accountability In Florida: Meaningful Reform Or Marginal Tinkering?, Anthony D. Demma, Jr.
Educational Accountability In Florida: Meaningful Reform Or Marginal Tinkering?, Anthony D. Demma, Jr.
Florida State University Law Review
No abstract provided.
Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh
Christine Franklin, Petitioner V. Gwinnett County Public Schools And William Prescott, 60 U.S.L.W. 4167 (February 26, 1992), Tahirih Sadrieh
Circles: Buffalo Women's Journal of Law and Social Policy
No abstract provided.
Reinvigorating Educational Malpractice Claims: A Representational Focus, John G. Culhane
Reinvigorating Educational Malpractice Claims: A Representational Focus, John G. Culhane
Washington Law Review
For the past twenty tears, courts have faced a wide array of claims alleging misconduct by schools and their officials. These claims have involved diverse injuries, including: negligence in permitting functional illiterates to pass through the school system; negligent misdiagnosis of learning disabilities; and failure to deliver a promised package of educational skills and services. The judiciary has almost uniformly refused to allow recovery, in tort or otherwise, for such injuries. Some courts have conceded that, on the pleadings, a good case might be made out. Plaintiffs have nonetheless been turned away because of courts' related concerns with untrammeled litigation …
Legal Issues In Secondary School Athletics, Jearlene Leishman
Legal Issues In Secondary School Athletics, Jearlene Leishman
Brigham Young University Education and Law Journal
No abstract provided.
The Student-Athlete Crisis: Does The University Have A Duty To Educate?, Scott A. Broadhead
The Student-Athlete Crisis: Does The University Have A Duty To Educate?, Scott A. Broadhead
Brigham Young University Education and Law Journal
No abstract provided.
Asbestos Abatement In The Public Schools: Who Gets The Bill?, Derek D. Rapier
Asbestos Abatement In The Public Schools: Who Gets The Bill?, Derek D. Rapier
Brigham Young University Education and Law Journal
No abstract provided.
Congress' New Idea In Special Education: Permitting A Private Right Of Action Against State Agencies, Christopher Dean Greenwood
Congress' New Idea In Special Education: Permitting A Private Right Of Action Against State Agencies, Christopher Dean Greenwood
Brigham Young University Education and Law Journal
No abstract provided.
Revoking The Driving Privileges Of High School Drop-Outs, Andrew J. Bolton
Revoking The Driving Privileges Of High School Drop-Outs, Andrew J. Bolton
Brigham Young University Education and Law Journal
No abstract provided.
Random Drug-Testing Of Public School Student Athletes: A Permissible Search Under The Fourth Amendment, Paul K. Madsen
Random Drug-Testing Of Public School Student Athletes: A Permissible Search Under The Fourth Amendment, Paul K. Madsen
Brigham Young University Education and Law Journal
No abstract provided.
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Can A Private Educational Association Ever Be Liable Under 42 U.S.C. Section 1983 For Depriving An Individual Of Fourteenth Amendment Due Process Rights After Ncaa V. Tarkanian?, Samuel Perry Swanberg
Brigham Young University Education and Law Journal
No abstract provided.
Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas
Copyrights: The Law, The Teacher, And The Principal, Gloria Jean Thomas
Brigham Young University Education and Law Journal
No abstract provided.
Educational Malpractice: Given The National Goals For Education, Are Courts Prepared To Recognize This Cause Of Action?, Russell K. Smith
Educational Malpractice: Given The National Goals For Education, Are Courts Prepared To Recognize This Cause Of Action?, Russell K. Smith
Brigham Young University Education and Law Journal
No abstract provided.
The Beat Goes On: District Court Upholds Virginia Military Institute's All-Male Admissions Policy In United States V. Virginia, Phillip Comer Griffeth
The Beat Goes On: District Court Upholds Virginia Military Institute's All-Male Admissions Policy In United States V. Virginia, Phillip Comer Griffeth
Mercer Law Review
In United States v. Virginia, the United States District Court for the Western District of Virginia held that Virginia Military Institute ("VMI"), a state-supported college, can exclude women under its 152- year-old admissions policy without violating the Equal Protection Clause of the Fourteenth Amendment. The court based its decision on the United States Supreme Court's holding in Mississippi University for Women v. Hogan. Applying the Hogan test, the district court held that VMI's discrimination serves an important state educational objective by enhancing the diversity of Virginia's overall education system and that the exclusive admissions policy is substantially related …
A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin
A Proposed Process For Managing The First Amendment Aspects Of Campus Hate Speech, William A. Kaplin
Scholarly Articles
For public institutions, attempts to regulate hate speech raise substantial legal issues under the First Amendment of the U.S. Constitution. For private institutions, which may not be bound by the First Amendment, attempts to regulate hate speech raise sensitive policy questions concerning the role of free expression on campus. Numerous articles (many of which are listed in the references below) have undertaken substantive analysis of these constitutional issues and policy questions. In contrast, this article explores a preliminary and overarching concern: the process by which a college or university addresses the problem of hate speech, and in particular the process …
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Zen And The Art Of Becoming (And Being) A Lawyer, John Nivala
Seattle University Law Review
In this essay, the author discusses how law schools should be taught using the Pirsig Model. Furthermore, the author discusses how lawyers should use the Pirsig model in practice.
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
The Gender Gap: Separating The Sexes In Public Education, Sharon K. Mollman
Indiana Law Journal
No abstract provided.
College Athletes: Illness Or Injury And The Decision To Return To Play, Cathy J. Jones
College Athletes: Illness Or Injury And The Decision To Return To Play, Cathy J. Jones
Buffalo Law Review
No abstract provided.
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
University of Richmond Law Review
Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …
The Right To Education As An International Human Right, Jost Delbruck
The Right To Education As An International Human Right, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer
"Academic Challenge" Cases: Should Judicial Review Extend To Academic Evaluations Of Students?, Thomas A. Schweitzer
Scholarly Works
No abstract provided.
Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins
Fundamentalist Christian Educators V. State: An Inevitable Compromise, Neal Devins
Faculty Publications
No abstract provided.
‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin
‘Hate Speech’ On The College Campus: Freedom Of Speech And Equality At The Crossroads, William A. Kaplin
Scholarly Articles
This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will …
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Corporate Takeover Of Teaching Hospitals, Maxwell Gregg Bloche
Georgetown Law Faculty Publications and Other Works
This article explores the potential and the dangers of this novel form of collaboration between academic medicine and the for-profit world. The author focuses on those arrangements--purchases and leasing agreements--by which investor-owned corporations operate, for a profit, hospitals that serve as major medical teaching and research sites. He begins by reviewing how the evolving needs of academic medical centers and for-profit hospital chains have generated mutual interest in such arrangements. The author then considers some frequently expressed ethical, economic, and other public policy objections to the provision of hospital services by for-profit firms. Opponents of the acquisition and leasing of …