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Articles 1 - 22 of 22
Full-Text Articles in Education Law
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana
Seattle University Law Review
When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.
The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Sffa V. Harvard College: Closing The Doors Of Equality In Education, Ediberto Roman
Seattle University Law Review
The United States Supreme Court’s recent combined decision ending affirmative action in Students for Fair Admissions v. Harvard College and Students for Fair Admissions v. University of North Carolina was hailed in conservative circles as the beginning of “the long road” towards racial equality. Others declared that “the opinion may begin the restoration of our nation’s constitutional colorblind legal covenant.” Another writer pronounced, “Affirmative action perpetuated racial discrimination. Its end is a huge step forward.” A Washington-based opinion page even declared: “[T]he demise of race-based affirmative action should inspire renewed commitment to the ideal of equal opportunity in America.” Despite …
An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol
An Administrative Solution To The Student Loan Debt Crisis, Justin C. Van Orsdol
Washington and Lee Law Review Online
To say that the student loan debt crisis is out of control is a massive understatement. Although solutions such as Public Service Loan Forgiveness and the recent temporary payment/interest rate freeze have provided some relief for borrowers, more can be done. Of course, as with any large outlay of taxpayer dollars, opposition is sure to be heated. Given the current political climate, the likelihood of any legislative fixes seems unlikely.
But what if there was an administrative solution that could do more to address this crisis without the cost of the legislative process? This essay proposes such a solution. It …
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act Iv: Expedited Hearings, Andrew M.I. Lee, Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
This article is a follow-up to a triad of analyses of state law additions to the basic requirements of the Individuals with Disabilities Education Act (IDEA) for due process hearings (DPHs). The former three articles covered the pre-hearing, hearing, and post-hearing stages of IDEA DPHs. The present article focuses on expedited DPHs, canvassing state law provisions specific to this more rapid, specialized proceeding in the IDEA. This article covers IDEA foundational requirements for expedited DPHs, and then summarizes and codes the state law provisions that supplement the federal template. Additionally, this article provides a discussion of federal preemption of state …
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?
Northwestern Journal of Law & Social Policy
No abstract provided.
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips
Northwestern Journal of Law & Social Policy
No abstract provided.
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Title Ix And Gender Stereotype Theory: Protecting Students From Parental Status Discrimination, Jocelyn Tillisch
Seattle University Law Review
This Comment asserts that students who experience discrimination on the basis of parental status have a cause of action under Title IX by using the gender stereotyping theory that is common in Title VII analysis as illustrated by Tingley-Kelley v. Trustees of the University of Pennsylvania. Part I will first provide an overview of the applicable law surrounding Title IX and Title VII. Part II will briefly summarize application of the gender stereotype theory and the applicable case law that provides the legal framework for this proposition. Part III will detail how the Title VII framework can be followed to …
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro
Works of the FIU Libraries
This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.
Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s …
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Distance Education And Intellectual Property: The Realities Of Copyright Law And The Culture Of Higher Education, Michele J. Le Moal-Gray
Touro Law Review
No abstract provided.
In Defense Of Idea Due Process, Mark Weber
In Defense Of Idea Due Process, Mark Weber
College of Law Faculty
Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …
In Defense Of Idea Due Process, Mark C. Weber
In Defense Of Idea Due Process, Mark C. Weber
Mark C. Weber
Due Process hearing rights under the Individuals with Disabilities Education Act are under attack. A major professional group and several academic commentators charge that the hearings system advantages middle class parents, that it is expensive, that it is futile, and that it is unmanageable. Some critics would abandon individual rights to a hearing and review in favor of bureaucratic enforcement or administrative mechanisms that do not include the right to an individual hearing before a neutral decision maker. This Article defends the right to a due process hearing. It contends that some criticisms of hearing rights are simply erroneous, and …
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Idea Class Actions After Wal-Mart V. Dukes, Mark C. Weber
Mark C. Weber
Wal-Mart v. Dukes overturned the certification of a class of a million and a half female employees alleging sex discrimination in Wal-Mart’s salary and promotion decisions. The Supreme Court ruled that the case did not satisfy the requirement that a class have a common question of law or fact, and said that the remedy sought was not the type of relief available under the portion of the class action rule permitting mandatory class actions. Over the last two years, courts have struggled with how to apply the ruling, especially how to apply it beyond its immediate context of employment discrimination …
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch
Do California’S Teacher Tenure Laws Violate California’S Constitutional Right To Education, Allen W. Hubsch
Allen W Hubsch
The accompanying note addresses an important and topical issue. In May 2012, Ted Olson, the former Solicitor General of the United States, and Theodore Boutrous, co-chair of the appellate practice at Gibson Dunn & Crutcher, filed a complaint in Los Angeles Superior Court, entitled Vargara v. California, naming the State of California, the California Department of Education, the Los Angeles Unified School District and others as defendants.
The complaint alleges that California’s teacher tenure statutes are unconstitutional under the California constitution because such laws have the effect of preventing school districts from providing a quality education to school age …
North Carolina’S Superintendent Of Public Instruction: Defining A Constitutional Office, Andrew P. Owens
North Carolina’S Superintendent Of Public Instruction: Defining A Constitutional Office, Andrew P. Owens
Andrew P. Owens
In 2009 a superior court case determined the fate of the Governor’s initiative to streamline education leadership by promoting a State Board of Education member while greatly reducing the Superintendent of Public Instruction’s powers. The judge’s decision in favor of Superintendent Atkinson turned on “the inherent constitutional authority” of her office; yet no one really knows what authority is inherent to the office, where that authority derives, or how to go about analyzing the office’s constitutional role. In short: what does it mean to be the Superintendent of Public Instruction? This paper explains the origins and meaning of the Superintendent …
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Pepperdine Dispute Resolution Law Journal
As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
An Increased Role For The Department Of Education In Addressing Federalism Concerns, Benton C. Martin
Benton C. Martin
The No Child Left Behind Act of 2001 (NCLB), one of the most important pieces of education legislation in our nation’s history, is overdue for reauthorization. Prior attempts at reauthorization have failed because of political controversy surrounding the Act, including controversy surrounding the extent of the federal role in education. NCLB does not fit squarely into traditional models of federalism and new theories of federalism have emerged to address the unique new dynamics raised by its expansive use of the federal spending power. This Article argues these theories point to practical changes that Congress can make to improve NCLB.
Although …
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 …
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries
Stephanie D Humphries
In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.
Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …
Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker
Adequate Access Or Equal Treatment: Looking Beyond The Idea To Section 504 In A Post-Schaffer Public School, Christopher J. Walker
Christopher J. Walker
In light of the Supreme Court's decision this Term in Schaffer v. Weast, this Note analyzes the current state of special education law and argues that parents, attorneys, and advocates should look beyond the Individuals with Disabilities Education Act (IDEA) to Section 504 in the post-Schaffer public school. This Note shows how these two standards operate in the context of state special schools for the blind and deaf. A state-by-state survey of thirty states' special school admission policies and practices reveals the IDEA's limitations and Section 504's potentially complementary role.
Although other works have briefly compared the IDEA and Section …
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Bringing Christian Schools Within The Scope Of The Unemployment Compensation Laws: Statutory And Free Exercise Issues, R. Leonard Davis Iii
Villanova Law Review
No abstract provided.