Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (70)
- Constitutional Law (57)
- Law and Race (54)
- Law and Gender (53)
- Supreme Court of the United States (53)
-
- State and Local Government Law (48)
- Disability Law (46)
- First Amendment (44)
- Law and Society (42)
- Legal Education (40)
- Law and Politics (39)
- Courts (38)
- Entertainment, Arts, and Sports Law (38)
- Human Rights Law (38)
- Immigration Law (38)
- Sexuality and the Law (38)
- Fourteenth Amendment (37)
- Land Use Law (37)
- Legal History (37)
- Legal Profession (37)
- Legislation (37)
- Privacy Law (37)
- Property Law and Real Estate (37)
- Religion Law (37)
- Administrative Law (36)
- Contracts (36)
- Health Law and Policy (36)
- Intellectual Property Law (36)
- Institution
-
- Seattle University School of Law (33)
- Loyola University Chicago, School of Law (8)
- Boston University School of Law (7)
- Seton Hall University (7)
- Washington and Lee University School of Law (6)
-
- St. John's University School of Law (5)
- St. Mary's University (5)
- University of Michigan Law School (5)
- William & Mary Law School (5)
- Mississippi College School of Law (4)
- Notre Dame Law School (4)
- Texas A&M University School of Law (4)
- Brooklyn Law School (3)
- Duquesne University (3)
- Maurer School of Law: Indiana University (3)
- Pepperdine University (3)
- University at Buffalo School of Law (3)
- University of Kentucky (3)
- University of Miami Law School (3)
- University of Oklahoma College of Law (3)
- Florida A&M University College of Law (2)
- Florida International University College of Law (2)
- Liberty University (2)
- Mitchell Hamline School of Law (2)
- Northwestern Pritzker School of Law (2)
- Pace University (2)
- Penn State Dickinson Law (2)
- Singapore Management University (2)
- Universitas Indonesia (2)
- University of Cincinnati College of Law (2)
- Keyword
-
- Education (27)
- Title IX (13)
- Higher education (10)
- Discrimination (9)
- Affirmative action (8)
-
- Inclusion (6)
- Race (6)
- Supreme Court (6)
- College (5)
- Department of Education (5)
- Education law (5)
- Equity (5)
- Individuals with Disabilities Education Act (5)
- Public education (5)
- Children (4)
- Diversity (4)
- Equal protection (4)
- Equality (4)
- Privacy (4)
- Sex (4)
- University (4)
- COVID-19 (3)
- Civil Rights (3)
- Constitutional law (3)
- Education Law (3)
- Equal Protection Clause (3)
- Fourteenth Amendment (3)
- Free speech (3)
- Gender (3)
- IDEA (3)
- Publication
-
- Seattle University Law Review (33)
- Faculty Scholarship (15)
- Loyola University Chicago Law Journal (8)
- Season 01 (7)
- Articles (4)
-
- Mississippi College Law Review (4)
- St. John's Law Review (4)
- Washington and Lee Journal of Civil Rights and Social Justice (4)
- Duquesne Law Review (3)
- Oklahoma Law Review (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- William & Mary Bill of Rights Journal (3)
- Buffalo Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- FIU Law Review (2)
- Florida A & M University Law Review (2)
- Indiana Law Journal (2)
- Indonesian Notary (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Mitchell Hamline Law Journal of Public Policy and Practice (2)
- Notre Dame Law Review (2)
- Other Publications (2)
- Research Collection Yong Pung How School Of Law (2)
- Theses and Dissertations--Education Sciences (2)
- University of Cincinnati Law Review (2)
- All Faculty Scholarship (1)
- All Papers (1)
- Belmont Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Publication Type
Articles 1 - 30 of 176
Full-Text Articles in Education Law
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Journal of Media Literacy Education
In the digital age, diverse walks of human life have reconfigured profoundly. In the Moroccan society, digitalisation plans and the skyrocketing numbers of internet users necessitate coping literacy policies. While several community initiatives have been taken to improve the quality of media literacy, they, as bottom-up efforts, cannot suffice to meet the needs of the whole Moroccan population. Rather, the absence of a central, nationwide, cross-sectoral media literacy policy significantly challenges the effective coordination of official strategies and community initiatives in media education. This article investigates current practices in media literacy in Morocco. Using document analysis, it delves into data …
Episode 6: For The Kids, Sara Gras
Episode 6: For The Kids, Sara Gras
Season 01
When I started thinking about how to address the issue of trans exclusion from youth sports, I knew I needed to include the culture/industry of youth sports as part of the discussion. The pressure to compete and perform at a high level in athletics is reaching kids earlier than ever before, facilitated by parents who see success in sports as the ticket to success in life. This episode explores the relationship between the increased parental investment in kids' athletic achievements and the social acquiescence to the exclusion of trans kids from sports.
Kirsten Jones
Peak Performance Coach, Podcast Host, Author …
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Adjudication Under The Individuals With Disabilities Education Act: Explicitly Plentiful Rights But Inequitably Paltry Remedies, Perry A. Zirkel
Adjudication Under The Individuals With Disabilities Education Act: Explicitly Plentiful Rights But Inequitably Paltry Remedies, Perry A. Zirkel
Connecticut Law Review
This Article proposes an invigoration in the exercise of the broad equitable authority of hearing officers under the Individuals with Disabilities Act. Providing a higher priority on, and an affirmative presumption for, remedying violations of the Act is in the interest of all parties, extending from the individual child to the child’s parents, the school district, the broader stakeholders, and the systemic improvements that is the statutory purpose. The task is not an easy one, especially given the rather tight timeline for completion of hearing officer proceedings, but it is doable with well-tailored creativity and efficiency. As the contents of …
The Illusion Of Due Process In School Discipline, Diana Newmark
The Illusion Of Due Process In School Discipline, Diana Newmark
William & Mary Bill of Rights Journal
Long-term suspensions and expulsions can be enormously consequential for students and their families. Not only do exclusionary disciplinary measures directly result in lost learning opportunities for children, but school discipline decisions can also result in significant collateral consequences. These consequences range from lower rates of graduation and higher rates of contact with the criminal justice system to disruptions in foster care placements, violations of juvenile probation, and even possible immigration consequences for undocumented students.
The Supreme Court has recognized the significance of suspensions and expulsions, requiring due process for such exclusionary discipline measures. But the Supreme Court has never explained …
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
William & Mary Bill of Rights Journal
This rejection of race conscious admissions practices under the Equal Protection Clause of the Fourteenth Amendment by the [Supreme] Court requires a revisit to desegregation jurisprudence and practice to demonstrate why the considerations of race in higher education admissions fulfills the desegregation mandate. Given its rich history and contributions to the formation of equality norms and affirmative action, desegregation jurisprudence and practice provide a foundation for the premise that the use of race in college admissions constitutes a compelling state interest, supported by specific evidence of discrimination, that moves us closer to the democratization of education and racial equality under …
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan Caminker
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan Caminker
Articles
Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
William & Mary Bill of Rights Journal
Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.
Presently, for example, public …
Just Extracurriculars?, Emily Gold Waldman
Just Extracurriculars?, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools--Kennedy v. Bremerton School District (2022) and Mahanoy Area School District v. B.L. (2021)--both arose in the extracurricular context of school sports. Even so, the Supreme Court has never fully clarified the status of extracurricular activities themselves. Once a school offers an extracurricular activity, is participation merely a privilege? Does the fact that extracurricular activities are voluntary for students affect …
Ways To Make Cybersecurity Education/Opportunities More Accessible In The Philippine Public School System, Joshua Oania
Ways To Make Cybersecurity Education/Opportunities More Accessible In The Philippine Public School System, Joshua Oania
Cybersecurity Undergraduate Research Showcase
This paper will examine how the Philippines can make cybersecurity education more accessible in their public school system. The solutions it proposes include making cybersecurity a part of the school curriculum, creating summer/internship programs for Junior and Senior High School students in multiple different areas within cybersecurity, and providing basic infrastructure and resources for students to meet their educational needs and aspirations.
Episode 5: Fair's Fair, Sara Gras
Episode 5: Fair's Fair, Sara Gras
Season 01
One of the most commonly expressed objections to the inclusion of trans athletes is that it is fundamentally unfair, particularly to cis women and girls, to compete against trans women and girls. While this cultural belief may be ubiquitous, the science behind it is far from black and white. Without any substantive, multi-sport studies that include trans youth, much of the "evidence" of unfair advantage is merely inferred from other studies of biological difference. But with so much on the line for an already-marginalized community, we should be wary when anyone tries to justify exclusion solely on loose correlations between …
Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko
Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko
The Qualitative Report
This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …
Episode 4: Title Ix, Sara Gras
Episode 4: Title Ix, Sara Gras
Season 01
This episode picks up where the last left off – about 50 years ago – when Title IX's enactment changed education and athletics for women and girls in some big ways. But this 50 year old statute and implementing regulations were not created with trans and non-binary students in mind. Messaging on how schools must create and adapt policies with these students in mind, including rules about athletic participation, has been inconsistent and confusing. To help address this, amendments to the regulations have been proposed. If these changes are finalized, there will certainly be improvements for trans kids in school, …
Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield
Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield
Vanderbilt Journal of Entertainment & Technology Law
As the COVID-19 pandemic forced both public K-12 and higher education institutions to transition to exclusively provide remote education, students’ homes and personal lives were exposed to the government like never before. Zoom classes and remote proctoring were suddenly the norm. Students and their families scrambled to create appropriate offices and classroom spaces in their homes, and many awkward and invasive scenarios soon followed. While many may have been harmlessly captured on camera, like classes that witness a student’s family eating lunch in the background or a dog on the couch, even these harmless instances have insidious implications for the …
Brief Of Amicus Curiae California Catholic Conference In Support Of Plaintiffs-Appellants, John A. Meiser, Meredith Holland Kessler
Brief Of Amicus Curiae California Catholic Conference In Support Of Plaintiffs-Appellants, John A. Meiser, Meredith Holland Kessler
Court Briefs
No. 23-55714
Chaya Loffman v. California Department of Education
Appeal from the United States District Court for the Central District of California Honorable Josephine L. Staton (No. 2:23-cv-01832-JLS-MRW)
From the Argument
California’s exclusion of “sectarian” schools reflects a long history of efforts to suppress and demean disfavored religious groups in the United States.
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Belmont Law Review
This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.
Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig
Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig
Faculty Scholarship
In a seminal article published nearly twenty years ago in the Yale Journal of Law and the Humanities, Professor Peter Brooks posed a critical yet underexplored question: "Does the [flaw [n]eed a [n]arratology?"5 In essence, he asked whether law as a field should have a framework for deconstructing and understanding how and why a legal opinion, including the events that the opinion is centered on, has been crafted and presented in a particular way.6 After highlighting that "how a story is told can make a difference in legal outcomes," Brooks encouraged legal actors to "talk narrative talk" …
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
How Discriminatory Censorship Laws Imperil Public Education, Jonathan Feingold, Joshua Weishart
Faculty Scholarship
“Discriminatory censorship laws” regulate classroom conversations about racism, gender identity, and other topics targeted in the backlash against efforts toward inclusive classrooms and curricula. This policy brief examines the proliferation of these laws and their impact on K-12 schools, including the creation of hostile learning environments that expose students and educators to a heightened threat of race- and sex-based harassment and to formal sanctions and social ostracization. The laws also foster a climate of fear and anxiety among educators, effectively coercing them to shun critical inquiry and thought on targeted topics and more generally. The result is a curriculum that …
Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow
University of Miami Law Review
In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …
Episode 3: Tarnished Gold, Sara Gras
Episode 3: Tarnished Gold, Sara Gras
Season 01
To better understand how and why sports are a part of education, this episode goes back to where they started. Although the culture of youth sports has certainly evolved, the purpose of interscholastic athletics really has not. Today, just like 100 years ago, educators value the role of sport in preparing kids for success in life. But the structures governing competition have always limited who can participate and how they are recognized. Many thanks to all the guests who contributed their thoughts.
This episode features clips from conversations with:
Kim Yuracko (Faculty Profile)
Judd and Mary Morris Leighton …
Congress's Empty Promises: The Individuals With Disabilities Education Act In The Midst Of Education Crisis, Sarah Jana
Congress's Empty Promises: The Individuals With Disabilities Education Act In The Midst Of Education Crisis, Sarah Jana
University of Cincinnati Law Review
No abstract provided.
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
Episode 2: State Of The Union, Sara Gras
Episode 2: State Of The Union, Sara Gras
Season 01
Episode 2 looks at the recent legislative push to ban transgender kids from scholastic sports across the country in the context of the anti-trans bathroom bans that preceded it. I also dive into the Soule v. Connecticut case that is so frequently referenced as an example of trans athlete exceptionalism despite the actual facts. There will be more later in the season on the organizations encouraging the passage of sports bans and supporting their defense in court, but my guests in this episode start to shed some light on who they are and what motivates their actions. I extend my …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Forgotten: Nyc And School Segregation, Deja Graham
The Forgotten: Nyc And School Segregation, Deja Graham
Buffalo Human Rights Law Review
School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …
A Review Of The 2022/23 International Moots Season, Siyuan Chen
A Review Of The 2022/23 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the ninth annual review of Singapore’s performance in international moot court competitions. The preceding season (2021/22) had set a high bar, considering that Singapore law schools took the top two spots in the NICA Law School Rankings. The NICA rankings are based on how law schools throughout the world perform in various international moots, with points weighted according to the scale of the competition. With six championships (including two Grand Slams) as well as a third championship final appearance in the Jessup, SMU took top spot in the NICA rankings for the second time in its history.
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Michigan Law Review
In Milliken v. Bradley, the Supreme Court declared “local control” the single most important tradition of public education. Milliken and other related cases developed this notion of a tradition, which has frustrated attempts to achieve equitable school funding and desegregation through federal courts. However, despite its significant impact on American education, most scholars have treated the “tradition of local control” as doctrinally insignificant. These scholars depict the tradition either as a policy preference with no formal legal meaning or as one principle among many that courts may use to determine equitable remedies. This Note argues that the Supreme Court …
Episode 1: More Than A Game, Sara Gras
Episode 1: More Than A Game, Sara Gras
Season 01
In Episode 1, I start to introduce you to some of the legal scholars and advocates I interviewed in my research. Their remarks all come from recorded interviews that are available in full via provided links. I excerpted these specific portions to frame my approach to discussing the significance of excluding transgender youth from playing sports with their peers. In addition to causing direct harm to individuals, participation bans create broader social harms that we should find extremely concerning. If we value the provision of a well-rounded and robust primary educational experience to all children, then it strikes me as …
Season 1 Prologue, Sara Gras
Season 1 Prologue, Sara Gras
Season 01
This brief prologue explains a bit about who I am as host and creator of Season 1 of Hearsay from the Sidelines. You can learn more about me as a professional via my Seton Hall Law faculty profile. My interest in creating a podcast focused on the issue of transgender youth inclusion in scholastic sports grew out of a forthcoming article I wrote on podcasting as a medium for legal scholarship (draft available on SSRN). As I explain, I am not a civil rights, gender, or sports law scholar and I have not previously written about …