Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (60)
- Constitutional Law (35)
- Education (17)
- Labor and Employment Law (14)
- International Law (13)
-
- Entertainment, Arts, and Sports Law (9)
- Law and Gender (9)
- Higher Education (8)
- First Amendment (7)
- Legal Education (7)
- Legislation (7)
- Administrative Law (6)
- Courts (6)
- Educational Administration and Supervision (6)
- Juvenile Law (6)
- Dispute Resolution and Arbitration (5)
- Family Law (5)
- Law and Society (5)
- Communications Law (4)
- Comparative and Foreign Law (4)
- Contracts (4)
- Fourteenth Amendment (4)
- Law and Economics (4)
- Religion Law (4)
- Criminal Law (3)
- Disability Law (3)
- Higher Education Administration (3)
- Law and Race (3)
- Keyword
-
- Affirmative action (18)
- Brown v. Board of Education (17)
- Education (16)
- Schools (11)
- Schools and school districts (11)
-
- Higher education (9)
- First Amendment (8)
- Affirmative Action (7)
- Affirmative action programs in education (7)
- Race (7)
- Regents of the University of California v. Bakke (7)
- School desegregation (7)
- Desegregation (6)
- Minority students (6)
- School segregation (6)
- Universities & colleges (6)
- Academic freedom (5)
- African-Americans (5)
- Bakke (5)
- Deirdre M. Bowen (5)
- Discrimination (5)
- Grutter v. Bollinger (5)
- Public education (5)
- Public schools (5)
- Race discrimination (5)
- Barbara W. Doering (4)
- Bargaining and Discussion-Is It a Happy Marriage? (4)
- College and university admissions (4)
- NCAA (4)
- Students (4)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 175
Full-Text Articles in Education Law
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Ochoa, Big Ten Law Deans Pledge Support For Diversity Ahead Of Scotus Affirmative Action Ruling, The Indiana Lawyer
Christiana Ochoa (7/22-10/22 Acting; 11/2022-)
s the U.S. Supreme Court prepares to hand down a decision that could fundamentally alter affirmative action, a group of law school deans — including Dean Christiana Ochoa of the Indiana University Maurer School of Law — has issued a statement affirming the deans’ commitment to diversity.
The group of 15 deans represent Big Ten law schools, including IU Maurer. In their statement — which IU Maurer posted to its official Facebook page — the deans say they are “joining together to affirm our commitment to advancing diversity, equity, and inclusion through legally permissible means, regardless of the outcome of …
Adapting Standards Of Judicial Impartiality To Student Discipline In Higher Education: Pitfalls And Potential Learned From Title Ix Adjudications, Brennan Murphy
Indiana Law Journal
No abstract provided.
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
The Proactive Model: How To Better Protect The Right To Special Education For Incarcerated Youth, John Bignotti
Indiana Law Journal
The Individuals with Disabilities Education Act (IDEA) guarantees access to a specialized, appropriate public education for youth with disabilities in the United States. While progress has been made and this right to education extends to incarcerated youth as well as those outside the juvenile justice system, there is nonetheless a fundamental limitation on how this federal requirement is imposed in the carceral context: it is enforced through primarily reactive mechanisms. Lawsuits, state compliance regimes, and consent decrees can hold states and juvenile facilities accountable after systemic failures to comply with the IDEA; however, the inherent inconsistency and slow pace of …
Using The Internal Revenue Code To Limit Coaching Salaries: A Proposal To Bring Amateurism Back Into College Football, Blaire Mikesell
Using The Internal Revenue Code To Limit Coaching Salaries: A Proposal To Bring Amateurism Back Into College Football, Blaire Mikesell
Indiana Law Journal
Since formal collegiate athletic competitions began in 1852, they have gained popularity and become a mainstay in American culture. This rise in popularity coupled with increased media coverage allowed college athletics, and particularly college football, to grow into a successful business that generates billions of dollars in revenue each year. Colleges and institutions earn this athletic revenue as tax-free income due to their tax-exempt status under the Internal Revenue Code § 501(c)(3) tax-exemption statute. The basic policy underlying this statute is as follows: colleges and universities provide an important benefit to the public by providing education, and in exchange for …
No Teacher Left Behind: Reforming The Educators Expense Deduction, Mary Morris
No Teacher Left Behind: Reforming The Educators Expense Deduction, Mary Morris
Indiana Law Journal
American educators are notoriously overworked and underpaid. With high performance demands and near-stagnant pay, teachers tend to burn out quickly, which in turn negatively affects the quality of education that their students receive. This effect is most evident in Title I schools, public schools with low funding allocation and high concentrations of low-income students.
One of the benefits that teachers do receive is the Educators Expense Deduction, a federal income tax deduction permitting teachers to write off up to $250 of unreimbursed supplies purchased for the classroom. This deduction was codified in 2002 and has not been amended since, in …
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Unsafe At Any Campus: Don't Let Colleges Become The Next Cruise Ships, Nursing Homes, And Food Processing Plants, Peter H. Huang, Debra S. Austin Dr
Indiana Law Journal
The decision to educate our students via in-person or online learning environments while COVID-19 is unrestrained is a false choice, when the clear path to achieve our chief objective safely, the education of our students, can be done online. Our decision-making should be guided by the overriding principle that people matter more than money. We recognize that lost tuition revenue if students delay or defer education is an institutional concern, but we posit that many students and parents would prefer a safer online alternative to riskier in-person options, especially as we get closer to fall, and American death tolls rise. …
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Consent To Student Loan Bankruptcy Discharge, John P. Hunt
Indiana Law Journal
As the Department of Education reconsiders its rules governing consent to discharge of federal student loans in bankruptcy, this Article argues for the first time that the Department should approach the problem specifically as an operator of programs to promote education and benefit students, rather than as an entity interested only in debt collection. This Article shows that the Department’s rules to date have treated whether to consent to discharge primarily as a pecuniary issue, without regard to the educational goals of the student loan programs. For example, the Department apparently has never considered whether making it difficult to discharge …
Internet Architecture And Disability, Blake Reid
Internet Architecture And Disability, Blake Reid
Indiana Law Journal
The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive theoretical approach …
There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny
There’S Nothing Worse Than Losing To A Girl: An Analysis Of Sex Segregation In American Youth Sports, Julia Konieczny
Indiana Journal of Law and Social Equality
No abstract provided.
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney
Addressing The High School Sexual Assault Epidemic: Preventive And Responsive Solutions, Carolyn Haney
Indiana Journal of Law and Social Equality
No abstract provided.
Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi
Developing A Legal Framework Governing Public University Endowments In Saudi Arabia: Lessons From The American Experience With Umifa And Upmifa, Rayan Jamal Alkhalawi
Maurer Theses and Dissertations
Saudi universities have recently started building and growing their endowments. Despite the increasing interest in university endowments, there is currently no specific legal framework that governs the area of university endowments in Saudi Arabia. The lack of a specific legal framework obstructs the advancement of university endowments. Therefore, this dissertation delineates the development and characteristics of the prevailing legal framework governing university endowments in the United States. The dissertation focuses on the development of the Uniform Management of Institutional Fund Act and the Uniform Prudent Management of Institutional Fund Act. The dissertation also uses in depth interviews with professional working …
Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown
Brown At 65: How Does The Changing Racial And Ethnic Ancestry Of Blacks Impact The Interpretation Of School Desegregation, Kevin D. Brown
Articles by Maurer Faculty
INTRODUCTION ...............................................................................................2
I.RISE AND FALL OF SCHOOL DESEGREGATION.........................................7
A.The Rise of School Desegregation ............................................................... 7
B.The Fall of School Desegregation................................................................ 11
II. CHANGING RACIAL ANCESTRY OF BLACKS IN THE UNITED STATES AND WHY IT MATTERS IN TERMS OF SCHOOL DESEGREGATION...................16
A. Increases in Interracial Marriage Rates ...................................................... 18
B. Demise of the One-Drop Rule and the Recognition of Black Multiracials .. 21
C. Impact of Increasing Numbers of Black Multiracials ................................... 24
III. CHANGING ETHNIC ANCESTRY OF BLACKS ........................................ 28
CONCLUSION: IMPACT OF THE CHANGING RACIAL AND ETHNIC ANCESTRY OF BLACKS ON HOW TO THINK ABOUT SCHOOL DESEGREGATION ..........31
Transnational Private Authority In The Sphere Of Education, Eva Hartmann
Transnational Private Authority In The Sphere Of Education, Eva Hartmann
Indiana Journal of Global Legal Studies
It seems that an ever-shorter temporal rhythm is gaining ground with the end of the "short twentieth century, 'I challenging the modern temporal horizon. The emerging economy relies on a continuous stream of scientific and technical knowledge closely related to information technology and networks. The increasing compression of both time and space has major consequences for the governance of the economy and the setting of authoritative standards in this sphere. This paper explores the consequences for education and training and its governance, where continuing education has become crucial. It studies the setting of authoritative standards in the field of information …
Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Are Charter Schools The Second Coming Of Enron?: An Examination Of The Gatekeepers That Protect Against Dangerous Related-Party Transactions In The Charter School Sectors, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Indiana Law Journal
INTRODUCTION
OVERVIEW OF ENRON
A. ENRON AND DEREGULATION
B. THE LJM SPES
C. ENRON’S COLLAPSE
II: ENRON’S GATEKEEPER PROBLEMS
A. ARTHUR ANDERSEN
B. INDEPENDENT ANALYSTS
C. CREDIT RATING AGENCIES
D. ENRON’S BOARD OF DIRECTORS
E. SECURITIES AND EXCHANGE COMMISSION (SEC)
III: CHARTER SCHOOLS AND RELATED-PARTY TRANSACTIONS
A. CHARTER SCHOOL DEREGULATION AND PRIVATE INVESTORS
B. EXAMPLES OF ENRON-LIKE RELATED-PARTY TRANSACTIONS
1. IMAGINE SCHOOLS
2. IVY ACADEMIA CHARTER SCHOOL
3. AMERICAN INDIAN MODEL CHARTER SCHOOLS
4. GRAND TRAVERSE ACADEMY
5. PENNSYLVANIA CYBER CHARTER SCHOOL
C. THE FEDERAL GOVERNMENT, RELATED-PARTY TRANSACTIONS, AND THE NEED FOR STRONG GATEKEEPING
IV: CHARTER SCHOOL GATEKEEPERS
A. AUDITORS …
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World, Jessica O. Laurin
"To Hell In A Handbasket": Teachers, Free Speech, And Matters Of Public Concern In The Social Media World, Jessica O. Laurin
Indiana Law Journal
This Note argues that courts should narrow the scope of examined speech and place little weight on the amount of media attention that the speech received. Although courts sometimes reject First Amendment protection on the Pickering balancing test instead of the public concern issue, the public concern requirement is a threshold issue that plays a critical role in successful First Amendment claims. Accordingly, courts need to revisit the public concern doctrine to ensure that its analysis is sound and yields the correct outcome.
Part I provides background concerning retaliation claims, criticism of the public concern requirement, and special issues that …
National Protection Of Student-Athlete Mental Health: The Case For Federal Regulation Over The National Collegiate Athletic Association, Jayce Born
Indiana Law Journal
No abstract provided.
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
End Of The Racial Age: Reflections On The Changing Racial And Ethnic Ancestry Of Blacks On Affirmative Action, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
The Enduring Integration School Desegregation Helped To Produce, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Parents Involved And The Struggle For Historical Memory, Mark Tushnet
Indiana Law Journal
In his Jerome Hall Lecture, Professor Tushnet addresses the legacy of Brown v. Board of Education in the more recent case of Parents Involved in Community Schools v. Seattle School Dist. No. 1 (PICS), which struck down the voluntary school integration programs used in Seattle and Louisville. As Chief Justice Roberts wrote, an important “debate” in the PICS case was over “which side is more faithful to the heritage” of Brown v. Board of Education. That debate is part of what historians have called the struggle for historical memory. The politics of memory in PICS is not simply a struggle …
With All Deliberate Speed: Brown V. Board Of Education, Julian Bond
With All Deliberate Speed: Brown V. Board Of Education, Julian Bond
Indiana Law Journal
Julian Bond, former president of the NAACP and the first president of the Southern Poverty Law Center, delivered the Indiana University Maurer School of Law’s Harris Lecture on Oct. 15, 2014 in the school’s Moot Court Room. Bond’s presentation, “The Broken Promise of Brown,” was part of the school’s commemoration of the 60th anniversary of the landmark U.S. Supreme Court decision in Brown v. Board of Education.
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Lsac Data Reveals That Black/White Multiracials Outscore All Blacks On Lsat By Wide Margins, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Is The Antidiscrimination Project Being Ended?, Michael J. Zimmer
Indiana Journal of Law and Social Equality
No abstract provided.
Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders
Indiana Journal of Law and Social Equality
No abstract provided.
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
Goodwill U: School Name Change & Trademark Law, Alexandra J. Roberts
IP Theory
No abstract provided.
Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas
Governing Badly: Theory And Practice Of Bad Ideas In College Decision Making, Michael A. Olivas
Indiana Law Journal
Jerome Hall Lecture, Indiana University Maurer School of Law, Bloomington, Indiana, January, 2011.
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
To Lynch A Child: Bullying And Gender Nonconformity In Our Nation's Schools, Michael J. Higdon
Indiana Law Journal
No abstract provided.
Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace
Bullycide In American Schools: Forging A Comprehensive Legislative Solution, Jason A. Wallace
Indiana Law Journal
No abstract provided.
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Counting The Costs Of A Global Anglophonic Hegemony: Examining The Impact Of U.S. Language Education Policy On Linguistic Minorities Worldwide, Stephen M. Harper
Indiana Journal of Global Legal Studies
As the need for efficient communication between global participants in academia, business, and politics has grown in recent decades, English has quickly become the dominant universal language in these arenas. Language policy scholars have noted, however, that the rapid spread of English could present a substantial threat to the linguistic diversity of the world, as some scholars have estimated that as many as fifty percent of the world's languages will be extinct by the end of the twenty-first century. This Note argues that the United States' current stance in the area of language education will contribute to this global language …
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Teachers' Religious Garb As An Instrument For Globalization In Education, Caitlin S. Kerr
Indiana Journal of Global Legal Studies
Nebraska and Pennsylvania currently have laws in place that prohibit public school teachers from wearing religious garb. This Note applies the appropriate constitutional framework-a balancing test-in order to determine the propriety of a religious garb statute. Courts have upheld the statutes in light of perceived government endorsement of teachers' religion and feared impact on impressionable young children. However, both of these concerns are exaggerated and misplaced. Rather, a court must consider the demands a newly globalized world places on effective education for tomorrow's global citizens.
Should Black Immigrants Be Favored Over Black Hispanics And Black Multiracials In The Admissions Processes Of Selective Higher Education Programs?, Kevin D. Brown
Articles by Maurer Faculty
Since the origin of affirmative action, selective higher education institutions' have generally lumped all blacks into a unified Black/ African/African American category. However, this practice of treating all blacks alike has now changed. The Department of Education ("DOE") issued the Final Guidance on Maintaining, Collecting, and Reporting Racial and Ethnic Data to the United States Department of Education ("Guidance") in October 2007, which had a final implementation date for the reporting school year of 2010-2011. The Guidance marked the first time that the federal government dictated the procedures that educational institutions, including selective higher education programs, must follow when collecting …