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Full-Text Articles in Education Law

Resolving Regulatory Threats To Tenure, Joseph W. Yockey Mar 2023

Resolving Regulatory Threats To Tenure, Joseph W. Yockey

University of Richmond Law Review

Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress.

This Article examines the growing anti-tenure sentiment among state officials and …


Gender Stereotypes And Gender Identity In Public Schools, Dara E. Purvis Mar 2020

Gender Stereotypes And Gender Identity In Public Schools, Dara E. Purvis

University of Richmond Law Review

Given the changing interpretation of Title IX, both statutory and constitutional arguments supporting the right of public school students to express their gender in any manner contrary to traditional gendered norms have renewed vitality. In the decades since Stonewall, students facing school discipline for nonconforming gender presentation that violated school dress codes have attempted to challenge the dress codes as violating their First Amendment free expression rights. Tracing these arguments is not only helpful as a historical exercise, but also to present alternative arguments under an unsympathetic presidential administration and Supreme Court. In today’s world in which the Trump administration …


Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws May 2017

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

University of Richmond Law Review

No abstract provided.


Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader Jan 2017

Uniform Rules: Addressing The Disparate Rules That Deny Student-Athletes The Opportunity To Participate In Sports According To Gender Identity, Chelsea Shrader

University of Richmond Law Review

No abstract provided.


The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii Nov 2016

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …


Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber May 2016

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.


Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt Mar 2016

Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt

University of Richmond Law Review

No abstract provided.


The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan Mar 2016

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.


Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead Mar 2016

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.


Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Mar 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

University of Richmond Law Review

No abstract provided.


"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa Mar 2016

"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa

University of Richmond Law Review

No abstract provided.


A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson Mar 2016

A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson

University of Richmond Law Review

No abstract provided.


Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour Mar 2016

Restorative Practices: Righting The Wrongs Of Exclusionary School Discipline, Marilyn Armour

University of Richmond Law Review

The purpose of this article is to explain the pressing need for school-based restorative justice as a philosophy and mechanism to alter increasingly negative school climates, redress educators' retributive orientation to student behavior, and redirect the school-to-prison pipeline. Part I discusses the manifestations ofthe current crisis in education. Although zero tolerance was intended to increase school safety, recent studies attest to the severe iatrogenic consequences including high rates of in-school and out-of-school suspensions, ever-increasing racial disparities in the use of punishment, the misuse of harsh disciplinary procedures with traumatized youth, and growing evidence of educator dropout that parallels the failure …


Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach Mar 2016

Sexualization, Sex Discrimination, And Public School Dress Codes, Meredith Johnson Harbach

University of Richmond Law Review

This essay joins the conversation about sexualization, sex discrimination, and public school dress codes to situate current debates within in the broader cultural and legal landscapes in which they exist. My aim is not to answer definitively the questions I pose above. Rather, I ground the controversy in these broader contexts in order to better understand the stakes and to glean insights into how schools, students, and communities might better navigate dress code debates.


Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance Mar 2016

Over-Disciplining Students, Racial Bias, And The School-To-Prison Pipeline, Jason P. Nance

University of Richmond Law Review

No abstract provided.


Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes Mar 2016

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.


Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay Nov 2015

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2013

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

This article presents a survey of the significant developments in the area of K-12 education law in Virginia from 2012 to the present. After two of the most active legislative and judicial sessions for education policy in recent years, this review can present only a select number of the many education-related statutes and judicial decisions introduced during this time. This survey places a special emphasis on the Virginia General Assembly's recent legislative updates to the Virginia education code. The volume and significance of these updates reflects Governor Robert McDonnell's commitment in 2013 to pursuing a bold education agenda. As Congress …


In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson May 2013

In Defense Of Deference: The Case For Respecting Educational Autonomy And Expert Judgments In Fisher V. Texas, Eboni S. Nelson

University of Richmond Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

University of Richmond Law Review

No abstract provided.


The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller May 2012

The Ncass The Student-Athlete: Reform Is On The Horizon, Mary Grace Miller

University of Richmond Law Review

No abstract provided.


Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack May 2010

Please Check One--Male Or Female?: Confronting Gender Identity Discrimination In Collegiate Residential Life, Katherine A. Womack

University of Richmond Law Review

No abstract provided.


Special Education Law, William H. Hurd, Stephen C. Piepgrass Nov 2009

Special Education Law, William H. Hurd, Stephen C. Piepgrass

University of Richmond Law Review

No abstract provided.


Jackson V. Birmingham Board Of Education: Expanding The Class Of The Protected, Or Protecting The Protectors?, Cassandra M. Hausrath Jan 2006

Jackson V. Birmingham Board Of Education: Expanding The Class Of The Protected, Or Protecting The Protectors?, Cassandra M. Hausrath

University of Richmond Law Review

No abstract provided.


Reflections On Brown And The Future, Oliver W. Hill Sr. Nov 2004

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.


Table Of Contents Nov 2004

Table Of Contents

University of Richmond Law Review

No abstract provided.


The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr. Nov 2004

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2004

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.


On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz Jan 2003

On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz

University of Richmond Law Review

No abstract provided.


Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud Nov 2002

Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud

University of Richmond Law Review

No abstract provided.