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Full-Text Articles in Education Law

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust Jul 2017

Who Decides? The Title Ix Religious Exemption And Administrative Authority, Elise S. Faust

BYU Law Review

The Title IX religious exemption demonstrates how statutory religious exemptions can help further social change by neutralizing potential conflict with religious dissenters. Part of the reason for its success is that it is narrowly constructed and automatically applies to qualifying institutions. However, the regulations contradict the statutory text by potentially giving the Department of Education discretion to grant or deny exemptions. Were the Department to fully exercise this power, its actions would conflict with both the language of the statute and the Constitution. The Department of Education’s recent scrutiny of the “controlled by” language of the exemption provides an example …


Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen May 2012

Uneven “Neutrality”: Dual Standards And The Establishment Clause In Johnson V. Poway, Eric Jeppsen

BYU Law Review

No abstract provided.


The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro Mar 2011

The Heart Of The Constitutional Enterprise: Affirming Equality And Freedom In Public Education, William E. Thro

Brigham Young University Education and Law Journal

No abstract provided.


Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen Mar 2009

Constitutionality Of Home Education: How The Supreme Court And American History Endorse Parental Choice, Chad Olsen

Brigham Young University Education and Law Journal

No abstract provided.


The Insignificance Of The Blaine Amendment, Steven K. Green May 2008

The Insignificance Of The Blaine Amendment, Steven K. Green

BYU Law Review

No abstract provided.


The Constitutional Parameters Of School Choice, Clint Bolick May 2008

The Constitutional Parameters Of School Choice, Clint Bolick

BYU Law Review

No abstract provided.


State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam May 2008

State Constitutionality And Adequacy: Signposts Of Concern On Utah's Path Toward Developing Vouchers, Scott Ellis Ferrin, Pamela R. Hallam

BYU Law Review

No abstract provided.


Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor Dec 2005

Constitutionality Of Testing High School Male Athletes For Steroids Under Vernonia School District V. Acton And Board Of Education V. Earls, Thomas Proctor

BYU Law Review

No abstract provided.


Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson Mar 1998

Public School Dress Codes: The Constitutional Debate, Amy Mitchell Wilson

Brigham Young University Education and Law Journal

No abstract provided.


Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False Mar 1997

Advancing Education Through Education Clauses Of State Constitutions, Robert M. Jensen False

Brigham Young University Education and Law Journal

No abstract provided.


Is Home Schooling Constitutional?, Wendy Wheeler Mar 1995

Is Home Schooling Constitutional?, Wendy Wheeler

Brigham Young University Education and Law Journal

No abstract provided.


The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduations Still Be Constitutional?, Thomas A. Schweitzer Mar 1995

The Progeny Of Lee V. Weisman: Can Student-Invited Prayer At Public School Graduations Still Be Constitutional?, Thomas A. Schweitzer

Brigham Young University Journal of Public Law

No abstract provided.


Recognizing Constitutional Freedoms In The Public Schools: Reasserting State And Local Educational Policy And Practive Through Non-Judicial Law, Matthew Hilton Mar 1994

Recognizing Constitutional Freedoms In The Public Schools: Reasserting State And Local Educational Policy And Practive Through Non-Judicial Law, Matthew Hilton

Brigham Young University Education and Law Journal

No abstract provided.


The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips Mar 1994

The Constitutionality Of High School Graduation Prayers Under Harris V. School District No. 241, Robert Phillips

Brigham Young University Journal of Public Law

No abstract provided.


Planned Parenthood V. Clark County School District: "Having Your Cake And Eating It Too" In Public School Free Speech Cases, Curtis Anderson Sep 1993

Planned Parenthood V. Clark County School District: "Having Your Cake And Eating It Too" In Public School Free Speech Cases, Curtis Anderson

BYU Law Review

No abstract provided.


Schools As Intellectual And Moral Associations, Bruce C. Hafen May 1993

Schools As Intellectual And Moral Associations, Bruce C. Hafen

BYU Law Review

No abstract provided.


Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch May 1991

Establishment Clause Jurisprudence And Its Effect On Prayer At Commencement Exercises: A Look At Weisman V. Lee, Brian A. Hatch

BYU Law Review

No abstract provided.


Grand Rapids School District V. Ball: An Educational Perspective On The Evolution Of Lemon, Von G. Keetch May 1986

Grand Rapids School District V. Ball: An Educational Perspective On The Evolution Of Lemon, Von G. Keetch

BYU Law Review

No abstract provided.


A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham May 1981

A Restatement Of The Intended Meaning Of The Establishment Clause In Relation To Education And Religion, John Remington Graham

BYU Law Review

No abstract provided.


Constitutional Law-Procedural Due Process-Student Has Right To Have Attorney Present At University Disciplinary Hearing When Criminal Charges Are Pending-Gabrilowitz V. Newman Sep 1978

Constitutional Law-Procedural Due Process-Student Has Right To Have Attorney Present At University Disciplinary Hearing When Criminal Charges Are Pending-Gabrilowitz V. Newman

BYU Law Review

No abstract provided.