Education Law Commons^™

Unemployment Compensation For Employees Of Educational Institutions: How State Courts Have Created Variations On Federally Mandated Statutory Language, Maribeth Wilt-Seibert

University of Michigan Journal of Law Reform

Over the past sixty years, Congress has enacted a system of unemployment insurance for workers who have become unemployed through no fault of their own. While the Social Security Act of 1935 created much of the statutory framework for this system of insurance, Congress did not include employees of educational institutions within its system of unemployment insurance until 1970, when it amended the Federal Unemployment Tax Act of 1954 (FUTA). Since Congress enacted those amendments, each of the fifty states has passed legislation that substantially conforms to the FUTA amendments. Yet, despite the uniformity of state statutory language, state appellate …

Taking The Public Out Of Determining Government Policy: The Need For An Appropriate Scope Of Bargaining Test In The Illinois Public Sector, 29 J. Marshall L. Rev. 531 (1996), Eric C. Scheiner

UIC Law Review

No abstract provided.

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Faculty Scholarship

No abstract provided.

The 1994 Aca Model Legislation For Licensed Professional Counselors, Harriet L. Glosoff, James M. Benshoff, Thomas W. Hosie, Dennis R. Maki

Department of Counseling Scholarship and Creative Works

Model legislation seeks to facilitate uniformity of counselor licensure laws and promote accepted professional standards. The text of the model bill as endorsed by the 1994 American Counseling Association Governing Council is provided with commentary accompanying those sections in which significant changes have occurred. The article concludes with 15 specific suggestions based on experiences gained in the development and implementation of previous legislation for licensed professional counselors.

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child …

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

New York's Educational Finance Scheme: Should It Be Declared Unconstitutional?, Janine M. Sarbak

Touro Law Review

No abstract provided.

Dellmuth V. Muth: The Eleventh Amendment Pierces The Legal Shield Of Eha Protection, 23 J. Marshall L. Rev. 487 (1990), Paula K. Maguire

UIC Law Review

No abstract provided.

A Critical Assessment Of Reid's Work For Hire Framework And Its Potential Impact On The Marketplace For Scholarly Works, 24 J. Marshall L. Rev. 119 (1990), Sherri L. Burr

UIC Law Review

No abstract provided.

When The Teachers And Parents Can't Agree, Who Really Decides - Burdens Of Proof And Standards Of Review Under The Education For All Handicapped Children Act, Thomas F. Guernsey

Cleveland State Law Review

Burdens of proof and standards of review can have a significant impact on the outcome of proceedings brought under the Education for All Handicapped Children Act and deserve a more consistently thoughtful approach than has been provided to date. Any confusion that exists may well be the result of courts, including the United States Supreme Court, failing to distinguish the various parts of the administrative process. The simple step of looking realistically at the administrative process (rather than lumping together Local Education Authorities, State Education Authorities, local due process hearings, and state administrative appeals, as the Supreme Court did in …

The Impact Of The Tax Reform Act Of 1986 On Legal Education And Law Faculty, Christopher R. Hoyt

Faculty Works

No abstract provided.

Controlling The Structural Injunction, Robert F. Nagel

Publications

No abstract provided.

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …

Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald

Buffalo Law Review

No abstract provided.

Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review

Michigan Law Review

This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …

Postsecondary And Vocational Education Programs And The "Otherwise Qualified" Provision Of Section 504 Of The Rehabilitation Act Of 1973, Marc P. Charmatz, Andrew S. Penn

University of Michigan Journal of Law Reform

While the Rehabilitation Act defines a "handicapped individual,'' neither the language of section 504 nor its legislative history sheds much light on the exact meaning of the term ''otherwise qualified handicapped individual.'' This article will argue that the definition of this term must be broad enough to include severely handicapped persons, the primary group that Congress intended to benefit and protect in enacting section 504. Focussing on the area of postsecondary education, this article will argue that the interpretation developed in the Department of Health, Education and Welfare (HEW) Regulation most effectively fulfills the purposes which Congress intended in enacting …

Federal Antibias Legislation And Academic Freedom: Some Problems With Enforcement Procedures, Howard Hunter

Research Collection Yong Pung How School Of Law

Since World War II, changes and developments in various policies of the American government have given rise to a vast array of complex regulations applicable to institutions of higher learning that receive federal financial support.' Before World War II the federal government was not wholly divorced from matters of higher education, but financial support came principally from state or local governments and from private sources. The shift to a more active federal role has profoundly affected the nation's private colleges and universities.' While state schools have always had a close relationship with their supporting governments, the increased federal role has …

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …

East Carroll Parish School Board V. Marshall, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.

Teague-Cranston Act Of 1972, United States Congress

Establishment of James H. Quillen College of Medicine

United States Public Law 92-541, commonly known as the Teague-Cranston Act, called for the creation of five new medical schools in five states to meet the needs of medically under served areas of the country. The act, as passed, required that the new schools be "located in proximity to, and operated in conjunction with, Veterans' Administration medical facilities." This worked in ETSU's favor as the university is located adjacent to the Mountain Home VA Hospital. Signed into law by President Richard Nixon, this would eventually lead to the establishment of the Quillen College of Medicine.

New York City School Decentralization, Barry D. Hovis

University of Michigan Journal of Law Reform

The 1969 New York Education Act grew out of a movement demanding decentralization of the New York City school system. The ultimate goals of this movement were to: (1) encourage community awareness and participation in the development of educational policy, and (2) create sufficient flexibility in the school system to enable administrators to resolve the diverse needs of the varying communities within the city. Support for the plan arose out of more than a decade of dissatisfaction with the centralized system by educators, school administrators, and parents. Supporters of decentralization had pointed in particular to the failure of the centralized …

Nociones Generales De Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Public Control Of Private Sectarian Institutions Receiving Public Funds, Richard B. Rogers

Michigan Law Review

This comment will examine the recent judicial and legislative developments which could result in federal controls limiting religious practices in private sectarian educational and welfare institutions.

Fundamentos Del Derecho Procesal Civil, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Constitutional Law - Schools And School Districts - Teachers' Tenure Legislation, Bertram H. Lebeis

Michigan Law Review

Although the question of security of employment for public school teachers was discussed as far back as the year 1885, when tenure was interpreted to mean the application of civil service principles to the teaching profession, the organized teacher tenure movement is of comparatively recent origin. From within the profession itself impetus was given to the movement by continuous campaigns carried on by local, state and national teachers' associations. From without, the growth of the movement was facilitated by a wider recognition of the evils attendant upon the unlimited power of school boards to "hire and fire" their employees at …