Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Maurer School of Law: Indiana University (6)
- Brigham Young University Law School (5)
- William & Mary Law School (3)
- American University Washington College of Law (2)
- Campbell University School of Law (2)
-
- Seattle University School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Michigan Law School (2)
- University of Washington School of Law (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Boston University School of Law (1)
- Central Washington University (1)
- Fordham Law School (1)
- Langston University (1)
- Marshall University (1)
- Mercer University School of Law (1)
- Notre Dame Law School (1)
- Pace University (1)
- Schulich School of Law, Dalhousie University (1)
- Selected Works (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- USC Gould School of Law (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- University of Missouri-Kansas City School of Law (1)
- University of Oklahoma College of Law (1)
- West Virginia University (1)
- Keyword
-
- Public education (3)
- Schools (3)
- Sexual harassment (3)
- Academic freedom (2)
- Affirmative action (2)
-
- Civil rights (2)
- Desegregation (2)
- Education Law (2)
- Federal Communications Act of 1996 (2)
- Higher education (2)
- Internal Connections (2)
- Legislation (2)
- School Integration (2)
- Tenure (2)
- Title IX (2)
- Universal Service (2)
- University (2)
- Colleges and universities/Admission (1)
- 1983 (1)
- <p>West Virginia Education and State Employees Grievance Board.</p> <p>Grievance arbitration – West Virginia.</p> <p>Grievance procedures – West Virginia.</p> <p>Collective labor agreements – Education, Higher – West Virginia.</p> (1)
- Academia (1)
- Academic tenure (1)
- Academic workplace (1)
- Adarand Constructors Inc. v. Pena (1)
- Admissions (1)
- Affirmative action in education (1)
- And the Law (1)
- Articles and Essays (1)
- Asian Americans (1)
- BOCES (1)
- Publication
-
- Articles by Maurer Faculty (4)
- Brigham Young University Education and Law Journal (4)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Federal Communications Law Journal (2)
-
- Scholarly Works (2)
- Washington Law Review (2)
- All Graduate Projects (1)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles (1)
- Articles in Law Reviews & Other Academic Journals (1)
- BYU Law Review (1)
- Campbell Law Review (1)
- Dalhousie Law Journal (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Faculty Articles (1)
- Faculty Works (1)
- Fordham Urban Law Journal (1)
- Harry F. Tepker Jr. (1)
- Jeffrey S. Moorad Sports Law Journal (1)
- Journal Articles (1)
- Mary L. Dudziak (1)
- McCabe Thesis Collection (1)
- Mercer Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- Seattle University Law Review (1)
- Stephen D Sugarman (1)
- Theses, Dissertations and Capstones (1)
- Touro Law Review (1)
- Publication Type
Articles 1 - 30 of 49
Full-Text Articles in Law
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Universal Service In The Schools: One Step Too Far?, Christine M. Mason
Federal Communications Law Journal
Universal service is extended to include new recipients, such as schools, as a result of the Telecommunications Act of 1996. The FCC should proceed cautiously, and maintain its commitment to the traditional goal of universal service— Americans with basic telephone services— carrying out this new mandate.
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
All Wired Up: An Analysis Of The Fcc's Order To Internally Connect Schools, Roxana E. Cook
Federal Communications Law Journal
The Telecommunications Act of 1996 extends universal service support to schools and libraries. Pursuant to this legislation, the FCC has provided all eligible schools with discounts of between twenty and ninety percent on telecommunications services, Internet access, and internal connections— to a 2.25 billion dollar annual cap. Critics have denounced the subsidy for internal connections as unsupported by the Act's language and outside the FCC's authority. However, based on a plain reading of the statute, on case law, and on legislative history, it is clear that the FCC properly exercised discretion in allocating the potential fund.
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
Constitutional Law—Gender Equality And Single-Sex Education. United States V. Virginia, 116 S. Ct. 2264 (1996)., Heather Larkin Eason
University of Arkansas at Little Rock Law Review
No abstract provided.
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
The Little Rock Crisis And Foreign Affairs: Race, Resistance, And The Image Of American Democracy, Mary L. Dudziak
Mary L. Dudziak
When President Dwight D. Eisenhower sent federal troops to Little Rock, Arkansas to enforce a school desegregation order at Central High School in the fall of 1957, more than racial equality was at issue. The image of American democracy was at stake. The Little Rock crisis played out on a world stage, as news media around the world covered the crisis. During the weeks of impasse leading up to Eisenhower's dramatic intervention, foreign critics questioned how the United States could argue that its democratic system of government was a model for others to follow when racial segregation was tolerated in …
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
Kiss The Girls And Make Them Sue: Liability Of Schools For Peer Sexual Harassment, Mary F. Loss
West Virginia Law Review
No abstract provided.
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Disability And The Public Schools: The Case Against "Inclusion", Anne Proffitt Dupre
Washington Law Review
The Individuals with Disabilities Education Act (IDEA) requires states that wish to qualify for federal assistance to demonstrate that they have a policy ensuring all children with disabilities the right to a "free appropriate public education." IDEA also requires that disabled children be educated with nondisabled children "to the maximum extent appropriate." This Article focuses on the tension between IDEA's mandates for appropriate education and integration to the maximum extent appropriate. Advocates of full inclusion claim that, under IDEA, all disabled children-regardless of characteristics-must be placed in the general education classroom for the entire day. Many courts have tacitly accepted …
Competition And The Curve, Barbara Glesner Fines
Competition And The Curve, Barbara Glesner Fines
Faculty Works
In judging pedagogical issues, most law professors favor their own experiences as students: the best way to teach is the way they were taught. I suspect that I am no different in this respect. Unlike most faculty, however, I was taught without the grading game playing a central role in my education. My undergraduate education was at a small, public, interdisciplinary, liberal arts college, with no departments, no majors, no curricular requirements to speak of, no tests and, most critically, no grades. I loved my education. It stays with me today. I attribute that retention and enthusiasm to the learning …
An Examination Of Ronald Edmonds' Effective Schools Theory Applied To Various Grades In Two Demographically Different Oklahoma City Elementary Schools, Faluv Tunley
McCabe Thesis Collection
Effective schools research has been a key to the improvement of education for many urban school children, especially in large cities such as New York City and Chicago, Illinois. This research has revealed many different ideologies on helping a child learn, helping teachers teach, and giving administrators the tools to handle their schools more efficiently. Effective schools research also addresses parents and their involvement in the school system. One researcher who constantly pushed Effective Schools research is Dr. Ronald R. Edmonds. Edmonds, along with many other researchers helped to restructure the urban area schools in New York City and Michigan …
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
Title Ix Liability For The Inaction Of Educational Institutions Or Their Agents: Responding To Rowinsky V. Bryan Independent School District, Jeremiah J. Morgan
BYU Law Review
No abstract provided.
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
The Liberty Dimension Of Historic And Contemporary Segregation, James W. Nickel
Articles
No abstract provided.
An Evolutionary Perspective Of Peer Sexual Harassment In American Schools: Premising Liability On Sexual, Rather Than Power Dynamics, Laura M. Sullivan
An Evolutionary Perspective Of Peer Sexual Harassment In American Schools: Premising Liability On Sexual, Rather Than Power Dynamics, Laura M. Sullivan
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Charter Schools, Common Schools, And The Washington State Constitution, L.K. Beale
Washington Law Review
Early American political thinkers deemed universal education essential to the proper functioning of a republican form of government. Accordingly, each state developed a public school system supported by general taxation. The Washington Constitution requires the system to be both "general" and "uniform." Common schools, for which certain school funds are constitutionally reserved, are the most important and only mandatory component of the system. Recent charter school proposals raise questions as to whether such institutions fit within a general and uniform system and whether they are "common schools" entitled to common school funds. In order to provide a framework for such …
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Beyond The Right To Offend: Academic Freedom, Rights And Responsibilities In The Canadian University Classroom, Judith Macfarlane
Dalhousie Law Journal
The principle of academic freedom accords a wide latitude to professorial speech in the classroom setting. This article argues that there are principles and sources of law which are imported into the professorial employment contract and which place limits on the exercise of that speech. These include contractual obligations of competence and non-discriminatory behaviour, as well as terms drawn from human rights legislation. Drawing on an examination of case law and labour arbitral awards, the author outlines ways in which the right of academic free speech might be balanced against these limiting considerations.
Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon
Returning To The True Goal Of The Individuals With Disabilities Education Act: Self-Sufficiency, Robert C. Hannon
Vanderbilt Law Review
This country has long recognized the necessity of an education in order to function productively in society. As suggested by one of the founding fathers, Thomas Jefferson, "some degree of education is necessary to prepare citizens to participate effectively and intelligently in our open political system." More recently, the Supreme Court recognized the importance of education in Brown v. Board of foreclose the means by which that group might raise the level of es- teem in which it is held by the majority .... Illiteracy is an enduring disability."
Today this need to educate remains just as pressing. Our country …
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False
Brigham Young University Education and Law Journal
No abstract provided.
Congressional Attention Needed For The "Stay-Put" Provision Of The Individuals With Disabilities Education Act, Trent D. Nelson False
Congressional Attention Needed For The "Stay-Put" Provision Of The Individuals With Disabilities Education Act, Trent D. Nelson False
Brigham Young University Education and Law Journal
No abstract provided.
The Lemon In Smith V. Mobile County: Protecting Pluralism And General Education, Thomas Marvan Skousen False
The Lemon In Smith V. Mobile County: Protecting Pluralism And General Education, Thomas Marvan Skousen False
Brigham Young University Education and Law Journal
No abstract provided.
James B. Conant: A Giant On Academe's Left, Right And Center, Book Review Of James B. Conant, Harvard To Hiroshima And The Making Of The Nuclear Age By James G. Hershberg, Jeffrey O'Connell False, Thomas E. O'Connell
James B. Conant: A Giant On Academe's Left, Right And Center, Book Review Of James B. Conant, Harvard To Hiroshima And The Making Of The Nuclear Age By James G. Hershberg, Jeffrey O'Connell False, Thomas E. O'Connell
Brigham Young University Education and Law Journal
No abstract provided.
Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser
Hopwood V. Texas: The Beginning Of The End For Racial Preference Programs In Higher Education, Jeremy Moeser
Mercer Law Review
In Hopwood v. Texas, the Court of Appeals for the Fifth Circuit held that the University of Texas ("UT") School of Law's admissions program, which gave preference to African-Americans and Mexican-Americans, violated the Fourteenth Amendment's Equal Protection Clause. For the 1992 school year, the University of Texas School of Law processed applications by using an applicant's Texas Index ("TI") number, a figure comprised of the applicant's undergraduate grade point average and Law School Admissions Test ("LSAT") score. Based on the TI, the law school distributed applications into three categories of review: presumptive admit, presumptive deny, and discretionary zone. For …
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
The Limits Of Law In Accomplishing Racial Change: School Segregation In The Pre-Brown North, Davison M. Douglas
Faculty Publications
No abstract provided.
A School Law Resource Manual For Coaches In The South Kitsap School District, Brian V. Carlson
A School Law Resource Manual For Coaches In The South Kitsap School District, Brian V. Carlson
All Graduate Projects
The purpose of this project was to develop a school law resource manual for athletic coaches employed in the South Kitsap School District in the state of Washington. To accomplish this purpose, a review of current literature regarding selected law and legal issues related to athletics was conducted.
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Must Public Schools Accept Home-Schooled Students On A Part-Time Basis?, Lisa Lukasik
Scholarly Works
No abstract provided.
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
The Uneasy Integration Of Adjunct Teachers Into American Legal Education, Andrew Popper
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Fighting Anti-Gay Abuse In Schools: The Opening Appellate Brief Of Plaintiff Jamie Nabozny In Nabozny V. Podlesny, Patricia M. Logue, David S. Buckel
Michigan Journal of Gender & Law
In Nabozny v. Podlesny, 92 F.3d 446 (7th Cir. 1996), a case of first impression, the Seventh Circuit Court of Appeals recognized the constitutional right of a gay male public school student to equal protection from anti-gay harassment and assaults. The court held that Jamie Nabozny had stated equal protection claims against his school district and three school principals for gender and sexual orientation discrimination based on allegations that, because he is gay and a boy, defendants had failed to afford him the same kinds of protection given to other harassed students. At trial on remand a jury found …
On Balancing Scales, Kaleidoscopes And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
On Balancing Scales, Kaleidoscopes And The Blurred Limits Of Academic Freedom, Harry F. Tepker Jr., Joseph Harroz Jr.
Harry F. Tepker Jr.
No abstract provided.
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
The Best Of Both Worlds: Financing Software Filters For The Classroom And Avoiding First Amendment Liability, 16 J. Marshall J. Computer & Info. L. 659 (1998), Peter G. Drever Iii
UIC John Marshall Journal of Information Technology & Privacy Law
As the Internet expands, educational institutions have become interested in the medium for the purpose of expanding learning opportunities. Information that may be objectionable to some members of the community, however, would then be available to children in schools with Internet access. Attempts to regulate the content of the Internet have yet to pass a First Amendment challenge. Concern over what children will be exposed to when the Internet is introduced in the classroom is currently being addressed by educators and legislators alike. The Communications Decency Act was the first to attempt to address the issue of Internet access in …
The Relationship Between Public-Sector Higher Education Level-Four Grievant Variables And Third-Party Discipline And Discharge Arbitration Case Determinations At The West Virginia Education And State Employees Grievance Board Years 1985-1995, E. Jane Barnes
Theses, Dissertations and Capstones
This study examined the relationship between grievant variables (case description, case issue, gender, seriousness of the case) and case determination (denied/granted). A disk copy of QA4 database years 1985 to 1995 was provided by the West Virginia Education and State Employees Grievance Board. The approximate 222 higher education synopses reports were read to locate the population. Fifty five higher education discipline and discharge synopsis reports were isolated. Key words used by the Board assisted in isolating the population. The 55 higher education synopses reports were printed out to compare to information on case decisions housed in the West Virginia Secretary …
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Separation Of Powers, Court Of Appeals, Cayuga-Onondaga Counties Bd. Of Co-Op Educational Services V. Sweeney
Touro Law Review
No abstract provided.
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …