Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 37

Full-Text Articles in Law

Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor Nov 2019

Out In Public: Legal And Policy Benefits Of Open, Cooperative K-12 Transgender Policy Development, Erin Cranor

Brigham Young University Education and Law Journal

No abstract provided.


“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey Nov 2019

“More Than A Chronological Fact”: Roper V. Simmons As An Argument For Moving Away From Zero-Tolerance Discipline And Toward Restorative Justice, Elisse Newey

Brigham Young University Education and Law Journal

No abstract provided.


The Federal Role In Universal Pre-K, Brian Mcwalters Mar 2019

The Federal Role In Universal Pre-K, Brian Mcwalters

Brigham Young University Education and Law Journal

No abstract provided.


Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches Mar 2016

Codifying Commonsense: Religious Viewpoint Antidiscrimination Acts And The Free Speech Rights They Protect, Brandon Harvard Riches

Brigham Young University Education and Law Journal

No abstract provided.


Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell Aug 2015

Prohibition Of Indoctrination In Education — A Look At The Cse Law Of The European Court Of Human Rights, Fernando Méndez Powell

Brigham Young University Education and Law Journal

No abstract provided.


Church-State Entanglement At Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr Mar 2015

Church-State Entanglement At Religiously Affiliated Charter Schools, Janet R. Decker, Kari A. Carr

Brigham Young University Education and Law Journal

Several urban archdioceses across the U.S. have closed their Catholic schools and subsequently permitted charter schools to open in their places. This Article describes the possible church-state entanglement issues that arise at schools like these. We reviewed eighty-five relevant cases and found only seven cases involving existing or proposed religiously affiliated charter schools. While generalizations are difficult to draw from this small sample, trends and inferences inform the emerging research. Five of the cases arose when schools were connected with a particular religious organization, such as a church. The lawsuits alleged both explicit and implicit religious entanglement. Our analysis also …


The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown Jun 2014

The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown

Brigham Young University Education and Law Journal

No abstract provided.


Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin Mar 2011

Rights, Religion, Regard, Contact: The Common School Ideal, A Nurturing, Safe And Effective Educational Environment For All Students, Scott Ellis Ferrin

Brigham Young University Education and Law Journal

No abstract provided.


Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller Mar 2011

Teacher Facebook Speech: Protected Or Not?, Rachel A. Miller

Brigham Young University Education and Law Journal

No abstract provided.


Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo Mar 2011

Respect For Me But Not For Thee: Reflections On The Impact Of Same-Sex Marriage On Education, Charles J. Russo

Brigham Young University Education and Law Journal

No abstract provided.


The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle Mar 2011

The Impacts On Education Of Legalizing Same-Sex Marriage And Lessons From Abortion Jurisprudence, Lynn D. Wardle

Brigham Young University Education and Law Journal

One of the most contentious issues to arise in public policy debates concerning the legalization of same-sex marriage is whether legalizing same-sex marriage has a significant detrimental impact on education, particularly public education. However, legal scholarly and professional consideration of this issue is scarce and one sided. This article reviews the evidence that legalizing same-sex marriage has had a serious, profoundly controversial, and arguably detrimental impact on public education. It then explains why legalization of same-sex marriage must have some impact on educational curriculum. When the meaning of marriage changes it must be reflected in the curriculum that covers that …


The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley Mar 2011

The Forgotten Students: The Implications Of Federal Homeless Education Policy For Children In Hawaii, Clifton S. Tanabe, Ian Hippensteele Mobley

Brigham Young University Education and Law Journal

No abstract provided.


School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard Mar 2011

School Response To Cyberbullying And Sexting: The Legal Challenges, Nancy Willard

Brigham Young University Education and Law Journal

No abstract provided.


By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May Mar 2009

By Reason Thereof: Causation And Eligibility Under The Individuals With Disabilites Education Act, Katherine May

Brigham Young University Education and Law Journal

No abstract provided.


Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy Mar 2008

Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy

Brigham Young University Education and Law Journal

No abstract provided.


Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White Mar 2007

Student Rights: From In Loco Parentis To Sine Parentibus And Back Again? Understanding The Family Educational Rights And Privacy Act In Higher Education, Britton White

Brigham Young University Education and Law Journal

No abstract provided.


Academic Freedom And The Public School Teacher: An Exploratory Study Of Perceptions, Policy, And The Law, Todd A. Demitchell, Vincent J. Connelly Mar 2007

Academic Freedom And The Public School Teacher: An Exploratory Study Of Perceptions, Policy, And The Law, Todd A. Demitchell, Vincent J. Connelly

Brigham Young University Education and Law Journal

No abstract provided.


Dean V. Utica Community Schools: An Arrow Through The Heart Of School Administrative Control Over Student Expression In School Newspapers, Charles B. Upton Ii Mar 2006

Dean V. Utica Community Schools: An Arrow Through The Heart Of School Administrative Control Over Student Expression In School Newspapers, Charles B. Upton Ii

Brigham Young University Education and Law Journal

No abstract provided.


Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb Mar 2003

Policy Responses To Violence In Our Schools: An Exploration Of Security As A Fundamental Value, Todd A. Demitchell, Casey D. Cobb

Brigham Young University Education and Law Journal

No abstract provided.


Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart Mar 2003

Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart

Brigham Young University Education and Law Journal

No abstract provided.


Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng Mar 2003

Gangs In Public Schools: A Survey Of State Legislation, Jesse Christopher Cheng

Brigham Young University Education and Law Journal

No abstract provided.


Students Have Rights, Too: The Drafting Of Student Conduct Codes, Jason J. Bach Mar 2003

Students Have Rights, Too: The Drafting Of Student Conduct Codes, Jason J. Bach

Brigham Young University Education and Law Journal

No abstract provided.


The Changing Face Of Parents' Rights, Ralph D. Mawdsley Mar 2003

The Changing Face Of Parents' Rights, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley Mar 2001

The Supreme Court And The Establishment Clause At The Dawn Of The New Millennium: "Bristl[Ing] With Hostility To All Things Religious" Or Necessary Seperation Of Church And State?, Charles J. Russo, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley Mar 2001

The Equal Access Act And Public Schools: What Are The Legal Issues Related To Recognizing Gay Student Groups?, Ralph D. Mawdsley

Brigham Young University Education and Law Journal

No abstract provided.


Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii Mar 2001

Racial Balancing Provisions And Charter Schools: Are Charter Schools Out On A Constitutional Limb?, Preston C. Green Iii

Brigham Young University Education and Law Journal

No abstract provided.


Education Of The Prof: A Work In Progress, Michael A. Mogill Mar 2000

Education Of The Prof: A Work In Progress, Michael A. Mogill

Brigham Young University Education and Law Journal

No abstract provided.


Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel Mar 2000

Transfer Of Rights Under The Individuals With Disabilities Act: Adulthood With Ability Or Disability?, Deborah Rebore, Perry Zirkel

Brigham Young University Education and Law Journal

No abstract provided.


Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz Mar 2000

Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz

Brigham Young University Education and Law Journal

No abstract provided.


Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller Mar 1999

Law Enforcement Officers In Public Schools: Student Citizens In Safe Havens?, Jacqueline A. Stefkovich, Judith A. Miller

Brigham Young University Education and Law Journal

No abstract provided.