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

Education Law Commons

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

Articles 1 - 11 of 11

Full-Text Articles in Education Law

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps Oct 2016

Maximizing Opportunity, Minimizing Risk: Aligning Law, Policy And Practice To Strengthen Work-Integrated Learning In Ontario, Joseph F. Turcotte, Leslie Nichols, Lisa Philipps

Lisa Philipps

A broad consensus is emerging in Ontario and at the federal level in favour of expanding postsecondary students’ access to experiential or “work-integrated learning” (WIL) opportunities. One of the challenges in implementing this vision is navigating the complex legal status of students as they leave campus and enter workplaces in a wide range of industries and roles. This study aims to support these efforts by mapping the current legal landscape for WIL to identify both risks and opportunities for students, post-secondary institutions (PSIs) and placement hosts alike (referred to collectively in this study as “WIL participants”). It makes recommendations to …


Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto Oct 2015

Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

Presented at at a conference on risk management for self-insured colleges and universities.


Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii Apr 2015

Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii

Edward C Klein III

Teachers’ unions, in their current form, truly took shape in the tumult of the 1960’s. Built upon the model of industrial unionism first codified in the private sector with the National Labor Relations Act of 1935, and later extended to the public sector through state law, teachers’ unions simultaneously embraced the language of the Civil Rights movement and the classic labor-management dichotomy. Thus, teachers’ unions have come to be a powerful influence on American public education for over 50 years, representing approximately three-quarters of all public school teachers today.

However, the direction of teacher’s unions has not always been clear, …


A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley Feb 2015

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …


Punitive Injunctions, Nirej S. Sekhon Oct 2014

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.


Education Reform And Labor-Management Cooperation: What Role For The Law?, Martin H. Malin Dec 2013

Education Reform And Labor-Management Cooperation: What Role For The Law?, Martin H. Malin

Martin H. Malin

No abstract provided.


Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman Nov 2013

Discrimination Cases In The Supreme Court’S 1998 Term, Eileen Kaufman

Eileen Kaufman

In the Supreme Court's 1997 Term, the Supreme Court had decided a record number of statutory discrimination cases. However, that record was exceeded in the Supreme Court's 1998 Term with the Court addressing issues arising under Title VII, which covers discrimination in employment; Title IX, which covers discrimination in schools; and most significantly, the Americans with Disabilities Act, which prohibits discrimination based on disability. Overall, the term scored significant victories for employers who were given considerable latitude to set their own physical characteristic standards and who were, to a large extent, immunized from liability for punitive damages. There was an …


Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick Nov 2013

Peer Review: I'Ll Give You My Opinion If You Don't Tell Anyone What It Is: An Analysis Of University Of Pennsylvania V. Eeoc, Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case University of Pennsylvania v. EEOC, 493 U.S. 192 (1990). The author expected the Court to decide whether the EEOC may subpeopna peer review documents submitted to a university tenure committee when investigating charges that the committee engaged in impermissible discrimination when denying tenure to an associate professor.


From Plyler To Arizona: Have The Courts Forgotten About Corfield V. Coryell?, John Eastman Dec 2012

From Plyler To Arizona: Have The Courts Forgotten About Corfield V. Coryell?, John Eastman

John C. Eastman

The U.S. Constitution assigns plenary authority to determination naturalization policy to the Congress. Yet increasingly the Courts have undermined Congress's policy judgments with invented constitutional rights. This article explores how the Courts have enhanced the three principal magnets to illegal immigration and thereby undermined congressional policy: employment; education and other social services; and citizenship itself.


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …


Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller Nov 2011

Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller

Elisabeth Keller

Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …