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Articles 1 - 30 of 93
Full-Text Articles in Law
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Combating Cyberbullying: Emphasizing Education Over Criminalization, Jessica P. Meredith
Federal Communications Law Journal
The advent of new technologies such as social media websites like MySpace and Facebook have increased the methods through which bullying takes form and causes harm to children and teenagers. As the public has become more aware of the dangers of this new form of bullying, cyberbullying, legislators have responded by proposing legislation to criminalize this type of behavior with varying degrees of success. This Note explains the problem of cyberbullying and evaluates state and federal legislative efforts to combat the issue through criminalization, then argues that prevention through education will be the most effective solution. Unlike criminalization, educational initiatives …
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Texas Two-Step: The Criminalization Of Truancy Under The Texas Failure To Attend Statute., Elizabeth A. Angelone
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Preschooler Ii V. Clark County School Board Of Trustees: A Closer Look At Application Of Qualified Immunity In Public School Districts, Rachael Crim
Golden Gate University Law Review
During the 2002-2003 school year, the mother of a pre-school aged, non-verbal, autistic child became concerned when her child came home with unexplained bruises and began exhibiting violent behavior. The mother brought an action on behalf of herself and her child seeking relief under the Individuals with Disabilities Act ("IDEA"), Americans with Disabilities Act, and claimed constitutional violations under Section 1983. In Preschooler II v. Clark County School Board of Trustees, the United States Court of Appeals for the Ninth Circuit held: 1) teacher's alleged conduct in beating, slapping, and head-slamming child violated Fourth Amendment rights for purposes of a …
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Parental Due Process: Fields V. Palmdale School District, Roxana M. Smith
Golden Gate University Law Review
The Ninth Circuit reaffirmed in Fields v. Palmdale School District that the constitutional "due process right of parents to make decisions regarding their children's education does not" authorize "individual parents to enjoin school boards from providing information" deemed appropriate in the performance of their educational function. The court further held that the parental right of privacy over the upbringing of children does not entitle parents to prohibit public schools from providing curricula about sex which the schools' boards deem educationally appropriate.
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Dream Come True Or True Nightmare? The Effect Of Creating Educational Opportunity For Undocumented Youth, Susana Garcia
Golden Gate University Law Review
This Comment analyzes the Development Relief and Education for Alien Minors ("DREAM") Act, which is proposed legislation that provides undocumented immigrant youth an opportunity to achieve higher education and legal status. Part I of this Comment describes the legislative history, specific provisions, and need for the DREAM Act. Part II demonstrates how state laws are insufficient to overcome some of the barriers that undocumented youth face in attempting to achieve higher education, and how the DREAM Act will help overcome those barriers. Part III of this Comment recommends that Congress should seriously consider the Convention on the Rights of the …
"No Child Left Behind" In Need Of A New "Idea": A Flexible Approach To Alternate Assessment Requirements, Erin G. Frazor
"No Child Left Behind" In Need Of A New "Idea": A Flexible Approach To Alternate Assessment Requirements, Erin G. Frazor
Golden Gate University Law Review
This Comment explores many constitutional issues raised by recent federal assessment policies regarding students with disabilities. Part I summarizes the federal statutory scheme for funding and thereby regulating both public education and the assessment of students with disabilities. Part II discusses federal policy changes to assessment standards and the ambiguity these changes present. Part Ill examines potential constitutional issues raised by evolving federal assessment requirements under both spending power and federal coercion theories. Part IV proposes that states be relieved from traditional penalties for noncompliance to avoid any constitutional violation and to promote states as laboratories of ideas to meet …
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
The Dream Of Equal Educational Opportunity Deferred, Giovanni Luciano Escobedo
Journal of Race, Gender, and Ethnicity
No abstract provided.
The Devil Is In The Lack Of Details, Ann M. Killenbeck
The Devil Is In The Lack Of Details, Ann M. Killenbeck
Indiana Law Journal
No abstract provided.
On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser
On Disguises, Tokens, And Affirmative Action Policies, Mark Strasser
Indiana Law Journal
No abstract provided.
Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt
Piercing The Brilliant Veil: Two Stories Of American Racism, Deborah Jones Merritt
Indiana Law Journal
No abstract provided.
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
The Associated Dangers Of "Brilliant Disguises," Color-Blind Constitutionalism, And Postracial Rhetoric, André Douglas Pond Cummings
Indiana Law Journal
No abstract provided.
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Brilliant Disguise: An Empirical Analysis Of A Social Experiment Banning Affirmative Action, Deirdre M. Bowen
Indiana Law Journal
No abstract provided.
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Entitled To Be Heard: Improving Evidence-Based Policy Making Through Audience And Public Reason, Will Rhee
Indiana Law Journal
No abstract provided.
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Presidential Leadership And Civil Rights Lawyering In The Era Before Brown, Lynda G. Dodd
Indiana Law Journal
No abstract provided.
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Perspective And Point Of View On Affirmative Action, Kevin D. Brown
Indiana Law Journal
No abstract provided.
The Education For All Handicapped Children Act: Trends And Problems With The "Related Services" Provision, Michael S. Treppa
The Education For All Handicapped Children Act: Trends And Problems With The "Related Services" Provision, Michael S. Treppa
Golden Gate University Law Review
This Comment will focus on the interpretation of related services used in IEP's, and will address the significant shortcomings of the related services mandate: lack of clarity and insufficient funding.
Race, Educational Loans & Bankruptcy, Abbye Atkinson
Race, Educational Loans & Bankruptcy, Abbye Atkinson
Michigan Journal of Race and Law
This Article reports new data from the 2007 Consumer Bankruptcy Project revealing that college graduates and specifically White graduates are less likely to file for bankruptcy than their counterparts without a college degree. Although these observations suggest that a college degree helps graduates to weather the setbacks that sometimes lead to financial hardship as measured by bankruptcy, they also indicate that a college degree may not help everyone equally. African American college graduates are equally likely to file for bankruptcy as African Americans without a college degree. Thus, a college education may not confer the same protective benefit against financial …
College Suicide: A Law And Policy Perspective, Gary Pavela
College Suicide: A Law And Policy Perspective, Gary Pavela
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
The Duty Paradox: Getting It Right After A Decade Of Litigation Involving The Risk Of Student Suicide, Daryl J. Lapp
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
What Psychiatry, Developmental Psychology, And Neuroscience Can Teach Us About At- Risk Students, Eileen P. Ryan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Detecting And Engaging At-Risk Students, Ann P. Haas
Detecting And Engaging At-Risk Students, Ann P. Haas
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Insights Gleaned From The Tragedy At Virginia Tech, Lucinda Roy
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
What The Governor’S Panel Learned, Aradhana "Bela" Sood
What The Governor’S Panel Learned, Aradhana "Bela" Sood
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
A Failure To Communicate: Did Privacy Laws Contribute To The Virginia Tech Tragedy?, Richard Brusca, Colin Ram
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Appropriate Responses Of Campus Security Forces, Donald Challis
Appropriate Responses Of Campus Security Forces, Donald Challis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
The Virginia Gardasil Law: A Constitutional Analysis Of Mandated Protection For Schoolchildren Against The Human Papillomavirus, Christina O. Hud
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin
Linguistic Profiling In Education: How Accent Bias Denies Equal Educational Opportunities To Students Of Color., William Y. Chin
The Scholar: St. Mary's Law Review on Race and Social Justice
desegregation, education civil rights, Meagan Field, Jennifer Solak, William Chin, Monica Aguon, No Child Left Behind, Minority Student, The Scholar: St. Mary’s Law Review on Minority Issues, Limited English Proficient (LEP).
Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak
Texas, Why Wait - The Urgent Need To Improve Programming For Limited English Proficient Students., Jennifer Michel Solak
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
Equal Protection For The Gifted Student In The Public School System., Monica Aguon
Equal Protection For The Gifted Student In The Public School System., Monica Aguon
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski
True North: Navigating For The Transfer Of Learning In Legal Education, Tonya Kowalski
Seattle University Law Review
As lifelong learners, we all know the feelings of discomfort and bewilderment that can come from being asked to apply existing skills in a completely new situation. As legal educators, we have also experienced the frustration that comes from watching our students struggle to identify and transfer skills from one learning environment to another. For example, a first-semester law student who learns to analogize case law to a fact pattern in a legal writing problem typically will not see the deeper applications for those skills in a law school essay exam several weeks later. Similarly, when law students learn how …