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Full-Text Articles in Education Law

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley Jan 2023

Curriculum Censorship Of Lgbtq+ Identity: Modern Adaptation Of Vintage "Save Our Children" Rhetoric Is Still Just Discrimination, Cathryn M. Oakley

Loyola University Chicago Law Journal

Underpinning Florida’s 2022 “Don’t Say Gay or Trans” law is the same vintage, discriminatory rhetoric that has been invoked to harm LGBTQ+ people for decades: that LGBTQ+ people are deviant and fundamentally sexual, therefore even the most chaste acknowledgement of the existence of LGBTQ+ people is inherently inappropriate for children. LGBTQ+ students, students with LGBTQ+ family members, and LGBTQ+ school employees are protected by the constitution, including the First and Fourteenth amendments as well as federal civil rights law. Whether censorship of LGBTQ+ identities is effectuated directly, as in Florida, or indirectly through opt-outs, the dignitary harm is done. Curriculum …


When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan Jan 2023

When Claims Collide: Students For Fair Admissions V. Harvard And The Meaning Of Discrimination, Cara Mcclellan

Loyola University Chicago Law Journal

This term, the Supreme Court will decide Students for Fair Admissions v. President and Fellows of Harvard College (SFFA v. Harvard), a challenge to Harvard College’s race-conscious admissions program. While litigation challenging the use of race in higher education admissions spans over five decades, previous attacks on race-conscious admissions systems were brought by white plaintiffs alleging “reverse discrimination” based on the theory that a university discriminated against them by assigning a plus factor to underrepresented minority applicants. SFFA v. Harvard is distinct from these cases because the plaintiff organization, SFFA, brought a claim alleg-ing that Harvard engages in intentional discrimination …


Families, Schools, And Religious Freedom, Helen M. Alvaré Jan 2023

Families, Schools, And Religious Freedom, Helen M. Alvaré

Loyola University Chicago Law Journal

Old and New Testament scriptures persistently point to human beings’ romantic and familial relationships according to Christian norms as means of glimpsing foundational religious beliefs about God’s identity, how God loves human beings, and how human beings are to love Him and one another. Christian families, therefore, are alarmed to witness public schools educating minors using normative materials directly opposing Christian norms, and doing so outside of courses subject to parental opt-ins or opt- outs. The Supreme Court has not weighed in on the precise question of parental rights respecting particular educational content of this type, but lower federal courts …


Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant Jan 2020

Special Education By Zip Code: Creating Equitable Child Find Policies, Crystal Grant

Loyola University Chicago Law Journal

It is estimated that more than 1.3 million youth in the United States have a disability. One in four American adults have a disability that impacts major life activities. With disability rates this high, our nation must prioritize efforts to ensure that all children with disabilities and in need of special education are identified and receive the support they need in school. Congress, through the Individuals with Disabilities Education Act (IDEA), mandated that all public schools locate, identify and evaluate all students suspected of having a disability. The special education community refers to this affirmative duty as “child find.” Unfortunately, …


United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton Jan 2015

United States Ex Rel. Leveski V. Itt Educational Services, Inc.: The Seventh Circuit Reinvigorates The False Claims Act To Combat Recruiting Abuses By For-Profit Schools, Mark I. Labaton

Loyola University Chicago Law Journal

The False Claims Act (“FCA”) is the government’s primary tool in combatting procurement fraud. It allows the United States to litigate cases alleging fraudulent claims against governmental entities, and also allows whistleblowers (called relators) to bring such cases, litigate them on behalf of the government, and collect a share of the proceeds. The viability of the FCA depends on its ability to encourage whistleblowers to come forward and report fraud committed by contractors with the government. One limitation on whistleblowers’ ability to litigate FCA cases is the so-called public-disclosure bar, which bars claims that have been publicly exposed.1 This bar …


Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder Jan 2014

Cracks In The Ivory Tower: How The Campus Sexual Violence Elimination Act Can Protect Students From Sexual Assault, Lauren P. Schroeder

Loyola University Chicago Law Journal

Sexual assault is a pervasive problem on college campuses, yet colleges and universities are frequently criticized for their failure to address it. As a result, Congress passed the Campus Sexual Violence Elimination Act (“Campus SaVE Act”) in 2013. The Campus SaVE Act aims to address the unique needs of victims of sexual assault on college campuses by adding much needed protections for students, such as mandating increased reporting of crime statistics. Moreover, the Act helps students by requiring schools to create plans to prevent this violence, to educate victims on their rights and resources, and to detail processes that are …


Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl Jan 2013

Over The Borderline--A Review Of Margaret Price's Mad At School: Rhetorics Of Mental Disability And Academic Life, Gregory M. Duhl

Loyola University Chicago Law Journal

This Article is about “madness” in higher education. In Mad at School: Rhetorics of Mental Disability and Academic Life, Professor Margaret Price analyzes the rhetoric and discourse surrounding mental disabilities in academia. In this Article, I place Price’s work in a legal context, discussing why the Americans with Disabilities Act fails those with mental illness and why reform is needed to protect them. My own narrative as a law professor with Borderline Personality Disorder frames my critique. Narratives of mental illness are important because they help connect those who are often stigmatized and isolated due to mental illness and …


Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo Jan 2011

Burying Our Heads In The Sand: Lack Of Knowledge, Knowledge Avoidance, And The Persistent Problem Of Campus Peer Sexual Violence, Nancy Chi Cantalupo

Loyola University Chicago Law Journal

This Article discusses why two laws that seek to prevent and end sexual violence between students on college campuses, Title IX of the Educational Amendments of 1972 ("Title IX") and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act'), are failing to fulfill this goal and how these legal regimes can be improved to reach their objectives. It explicates how Title IX and the Clery Act ignore or exacerbate a series of "information problems" that create incentives for schools to "bury their heads in the sand" with regard to campus peer sexual violence. These …


Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufmann Jan 2005

Rhetorical Questions Concerning Justice And Equality In Educational Opportunities, Michael J. Kaufmann

Loyola University Chicago Law Journal

No abstract provided.


Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael Jan 2005

Affirmative Action And Admissions At A Jesuit Law School, Alan Raphael

Loyola University Chicago Law Journal

No abstract provided.


Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion, Neil G. Williams Jan 2005

Brown V. Board Of Education Fifty Years Later: What Makes For Greatness In A Legal Opinion, Neil G. Williams

Loyola University Chicago Law Journal

No abstract provided.


Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia Jan 2004

Fraud By The Supreme Court: Racial Discrimination By A State Institution Of Higher Education Upheld On "Diversity" Grounds, Lino A. Graglia

Loyola University Chicago Law Journal

No abstract provided.


The Deconstitutionalization Of Education, Erwin Chemerinksy Jan 2004

The Deconstitutionalization Of Education, Erwin Chemerinksy

Loyola University Chicago Law Journal

No abstract provided.


The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky Jan 2004

The Constitutionality Of School Corporal Punishment Of Children As A Betrayal Of Brown V. Board Of Education, Susan H. Bitensky

Loyola University Chicago Law Journal

No abstract provided.


Zelman V. Simmons-Harris: Authorizing School Vouchers, Education's Winning Lottery Ticket, Gia Fonté Jan 2003

Zelman V. Simmons-Harris: Authorizing School Vouchers, Education's Winning Lottery Ticket, Gia Fonté

Loyola University Chicago Law Journal

No abstract provided.


The Wrong Answer To A Serious Problem: A Story Of School Shootings, Politics And Automatic Transfer, Daniel E. Traver Jan 2000

The Wrong Answer To A Serious Problem: A Story Of School Shootings, Politics And Automatic Transfer, Daniel E. Traver

Loyola University Chicago Law Journal

No abstract provided.


The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman Jan 1999

The Leonard Jeffries Problem: Public University Professor/Administrators, Controversial Speech, And Constitutional Protection For Public Employees, Michael J. Sherman

Loyola University Chicago Law Journal

No abstract provided.


Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman Jan 1996

Missouri V. Jenkins: The Beginning Of The End For Desegregation, Chelsey Parkman

Loyola University Chicago Law Journal

No abstract provided.


Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo Jan 1994

Zobrest V. Catalina Foothills School District: A Victory For Disabled Children, A Snub For The Lemon Test, Michaelle Greco Cacchillo

Loyola University Chicago Law Journal

No abstract provided.


Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek Jan 1993

Let's Get Off The Floor: The Call For Illinois To Adopt A Higher Substantive Standard For Special Education, Michael F. Tomasek

Loyola University Chicago Law Journal

No abstract provided.


Support For A Child's Post-Majority Education, Jeff Atkinson Jan 1991

Support For A Child's Post-Majority Education, Jeff Atkinson

Loyola University Chicago Law Journal

No abstract provided.


The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby Jan 1988

The Supreme Court Further Restricts Student First Amendment Rights In Public Schools: The Future Of "Free Trade In Ideas" After Hazelwood School District V. Kuhlmeier, Eileen Libby

Loyola University Chicago Law Journal

No abstract provided.


Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha Jan 1985

Grove City College V. Bell: Restricting The Remedial Reach Of Title Ix, Barrie L. Brejcha

Loyola University Chicago Law Journal

No abstract provided.


Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon Jan 1975

Schools And School Districts -Doe V. San Francisco Unified School District, Tort Liability For Failure To Educate, Belle Lind Gordon

Loyola University Chicago Law Journal

No abstract provided.


Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr. Jan 1973

Constitutional Law - Free Exercise Clause Prohibits Compulsory Education Of Amish Children, Edward J. Walsh Jr.

Loyola University Chicago Law Journal

No abstract provided.


Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara Jan 1972

Excessive Entaglements: A New Dimension To The Parochial Aid Controversy Under The First Amendment, Terence T. O'Meara

Loyola University Chicago Law Journal

No abstract provided.


Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker Jan 1972

Non-Tenure Teachers: Procedural Rights Upon Dimissal, Brian S. Hucker

Loyola University Chicago Law Journal

No abstract provided.


Illinois School Tort Immunity: 1959 To The Present, Michael A. Cotteleer Jan 1971

Illinois School Tort Immunity: 1959 To The Present, Michael A. Cotteleer

Loyola University Chicago Law Journal

No abstract provided.