Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (26)
- Civil Rights and Discrimination (23)
- First Amendment (10)
- Law and Society (10)
- Education (9)
-
- Legal Education (9)
- Litigation (9)
- Fourteenth Amendment (6)
- Human Rights Law (6)
- Internet Law (6)
- Disability Law (5)
- International Law (5)
- Legal Profession (5)
- Religion Law (5)
- Health Law and Policy (4)
- Immigration Law (4)
- Law and Politics (4)
- Law and Race (4)
- Courts (3)
- Educational Administration and Supervision (3)
- Educational Assessment, Evaluation, and Research (3)
- Entertainment, Arts, and Sports Law (3)
- Labor and Employment Law (3)
- Social and Behavioral Sciences (3)
- Computer Law (2)
- Disability and Equity in Education (2)
- Higher Education (2)
- Legal Ethics and Professional Responsibility (2)
- Institution
- Keyword
-
- Education Law (21)
- Education reform (14)
- Education (11)
- Law and Society (8)
- Education policy (7)
-
- Equal educational opportunity (7)
- Legal Education (7)
- School choice (6)
- School finance litigation (6)
- Affirmative action (5)
- Civil Rights and Discrimination (5)
- Legal Profession (5)
- Schools (5)
- Brown v. Board of Education (4)
- Charter schools (4)
- Constitutional Law (4)
- Discrimination (4)
- Establishment Clause (4)
- First Amendment (4)
- Grutter v. Bollinger (4)
- NCLB (4)
- Public schools (4)
- Religion (4)
- School finance (4)
- Segregation (4)
- Adequacy theory (3)
- Civil Rights and Civil Liberties (3)
- Civil rights (3)
- Equity theory (3)
- Immigration (3)
- Publication
-
- Michael Heise (22)
- Charles J. Russo (12)
- Adam Lamparello (3)
- Sital Kalantry (3)
- Victor C. Romero (3)
-
- Catherine L Rucker (2)
- Dr. Lotem Perry-Hazan (2)
- Gerald Torres (2)
- Meg Penrose (2)
- Nicole Stelle Garnett (2)
- Wendy F. Hensel (2)
- Brandon C. Butler (1)
- Celeste M. Hammond (1)
- Chad G. Marzen (1)
- Dean M. Hashimoto (1)
- Debarati Halder (1)
- Edward C Klein III (1)
- Elizabeth Shaver (1)
- Erika K. Wilson (1)
- Harold A. McDougall III (1)
- Jacob A Aschmutat (1)
- Jeffrey A. Van Detta (1)
- Juan Carlos Riofrío Martínez-Villalba (1)
- Julian Vasquez Heilig (1)
- Kelly A. Sherrill Linkous (1)
- Kim D. Chanbonpin (1)
- Laura S. Underkuffler (1)
- Margaret E. Reuter (1)
- Margaret F Brinig (1)
- Mark C. Weber (1)
- File Type
Articles 1 - 30 of 93
Full-Text Articles in Education Law
A Winn For Educational Pluralism, Nicole Stelle Garnett
A Winn For Educational Pluralism, Nicole Stelle Garnett
Nicole Stelle Garnett
This short essay takes as its starting point on the Supreme Court’s recent decision in Winn v. Arizona Christian Tuition Organization, which involved an Establishment Clause challenge to Arizona’s scholarship tax program — a school-choice device that provides tax credits from state income taxes for donations to organizations granting scholarship to private K-12 schools. In Winn, a divided court ruled that taxpayers lack standing to challenge this and other tax credit programs — thereby dramatically limiting the Flast v. Cohen exception to the no-taxpayer-standing rule. The essay makes the case that the Winn will promote authentic educational pluralism by clearing …
How Much Diversity Can The Us Constitution Stand?, Tanya Washington
How Much Diversity Can The Us Constitution Stand?, Tanya Washington
Tanya Monique Washington
No abstract provided.
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose
Meg Penrose
This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose
Meg Penrose
Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis. In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.
The Legal Foundations Of Special Education, Wendy Hensel, Colleen O'Rourke
The Legal Foundations Of Special Education, Wendy Hensel, Colleen O'Rourke
Wendy F. Hensel
Special Education for All Teachers provides practical information, presents the philosophy of inclusion, and the application and implementation of laws related to the education of students with special needs, and discusses the identifying characteristics of students with special needs.
Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto
Current Medico-Legal Issues In Workers' Compensation, Dean Hashimoto
Dean M. Hashimoto
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Sital Kalantry
Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the …
Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh
Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh
Sital Kalantry
Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations. Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty monitoring …
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh
Sital Kalantry
The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
Promoting Inclusion Through Exclusion: Higher Education's Assault On The First Amendment, Adam Lamparello
Adam Lamparello
To obtain a meaningful educational experience and achieve the benefits of a diverse student body, students should confront beliefs they find abhorrent and discuss topics that bring discomfort. As it stands now, universities are transforming classrooms and campuses into sanctuaries for the over-sensitive and shelters for the easily-offended. In so doing, higher education is embracing a new, and bizarre, form of homogeneity that subtly coerces faculty members and students into restricting, not expressing, their views, and creating a climate that favors less, not more, expressive conduct. This approach undermines First Amendment values and further divorces higher education from the real …
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi
Melissa Mortazavi
On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …
The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm
The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm
Adam Lamparello
For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.
In this article, we propose a …
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Is It Unconstitutional To Prohibit Faith-Based Schools From Becoming Charter Schools?, Stephen D. Sugarman
Stephen D Sugarman
This article argues that it is unconstitutional for state charter school programs to preclude faith-based schools from obtaining charters. First, the “school choice” movement of the past 50 years is described, situating charter schools in that movement. The current state of play of school choice is documented and the roles of charter schools, private schools (primarily faith-based schools), and public school choice options are elaborated. In this setting I argue a) based on the current state of the law it would not be unconstitutional (under the First Amendment’s Establishment Clause) for states to elect to make faith-based schools eligible for …
La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba
La Selección Del Método En La Investigación Jurídica. 100 Métodos Posibles, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
El objeto de las presentes líneas es abrir perspectivas sobre la gran variedad de métodos de investigación que pueden usarse en la academia, evitando los reduccionismos en la selección del método. Se trabaja desde una perspectiva teórica que primero describe la esencia del método y su rol dentro de la ciencia, luego revisa sistemáticamente la multiplicidad de métodos agrupándolos bajo cinco criterios generales, para finalmente deducir cuatro propuestas generales sobre la metodología. El primer capítulo, introduce al significado del método, a su rol dentro de la ciencia y a la necesidad de su uso. El segundo capítulo inicia delineando cinco …
The Democratic Right To Full Bilingual Education, Thomas Kleven
The Democratic Right To Full Bilingual Education, Thomas Kleven
Thomas Kleven
No abstract provided.
Separate And Unequal?: The Problematic Segregation Of Special Populations In Charter Schools Relative To Traditional Public Schools, Julian Vasquez Heilig
Separate And Unequal?: The Problematic Segregation Of Special Populations In Charter Schools Relative To Traditional Public Schools, Julian Vasquez Heilig
Julian Vasquez Heilig
The extent to which special student populations (ELL, Special Education and Economically Disadvantaged) gain access to charter schools is understudied. In this article we compare the enrollment of high-need special populations in charter schools with non-charter public schools at the state, district, and local levels. State-level dissimilarity analyses show only modest disparities in segregation and access of high-need students within the Texas charter system compared to traditional public schools. However, local-level descriptive and geospatial analyses of charters in a large metropolitan area shows that there are large disparities in the enrollment of high-need students relative to traditional public schools nearby. …
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
Aids: Coping With Hiv On Campus, 27 J. Marshall L. Rev. 449 (1994), Jane D. Oswald, Robert G. Johnston, Mark E. Wojcik
Mark E. Wojcik
No abstract provided.
Toward A Writing-Centered Legal Education, Adam Lamparello
Toward A Writing-Centered Legal Education, Adam Lamparello
Adam Lamparello
The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
The First Amendment And The Socialization Of Children: Compulsory Public Education And Vouchers, Steven H. Shiffrin
Steven H. Shiffrin
Criticism of American public schools has been a cottage industry since the Nineteenth Century. In recent years the criticism has gone to the roots. Critics charge that to leave children imprisoned in the public school monopoly is to risk the standardization of our children; it is to socialize them in the preferred views of the State. They argue that it would be better to adopt a system of vouchers or private scholarships to support a multiplicity of private schools. A multiplicity of such schools, it is said, would enhance parental choice, would foster competition, and would promote a diversity of …
Judicial Enforcement Of The Right To An Equal Education In Illinois, 12 N. Ill. U. L. Rev. 45 (1991), Michael P. Seng, Michael R. Booden
Judicial Enforcement Of The Right To An Equal Education In Illinois, 12 N. Ill. U. L. Rev. 45 (1991), Michael P. Seng, Michael R. Booden
Michael P. Seng
No abstract provided.
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin
Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, Kim D. Chanbonpin
Kim D. Chanbonpin
In the same moment that law schools are embracing neoliberal strategies in response to the economic crisis caused by declining admissions, students in the classroom have begun to agitate for advance content notices (or “trigger warnings”) to alert them to any potentially trauma-inducing course materials. For faculty who have already adopted a defensive posture in response to threats to eliminate tenure, this demand feels like an additional assault on academic freedom; one that reflects a distressing student-as-consumer mentality. From this vantage point, students are too easily cast as another group of adversaries when, in actuality, students are straw targets who …
Lost Classroom, Lost Community: Catholic Schools' Importance In Urban America, Nicole Garnett, Margaret Brinig
Lost Classroom, Lost Community: Catholic Schools' Importance In Urban America, Nicole Garnett, Margaret Brinig
Margaret F Brinig
In the past two decades in the United States, more than 1,600 Catholic elementary and secondary schools have closed, and more than 4,500 charter schools—public schools that are often privately operated and freed from certain regulations—have opened, many in urban areas. With a particular emphasis on Catholic school closures, Lost Classroom, Lost Community examines the implications of these dramatic shifts in the urban educational landscape.
More than just educational institutions, Catholic schools promote the development of social capital—the social networks and mutual trust that form the foundation of safe and cohesive communities. Drawing on data from the Project on Human …
The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond
The Institutionalized Child's Claim To Special Education: A Federal Codification Of The Right To Treatment, 56 U. Det. J. Urb. L. 337 (1979), Patrick A. Keenan, Celeste M. Hammond
Celeste M. Hammond
No abstract provided.
¿Porqué No Dejan Competir A Gastón? Cuando Las Libertades De Empresa, Libre Iniciativa Privada, Libre Competencia, Y Libre Acceso Al Mercado No Aplican A Los Chefs, Max Salazar Gallegos
¿Porqué No Dejan Competir A Gastón? Cuando Las Libertades De Empresa, Libre Iniciativa Privada, Libre Competencia, Y Libre Acceso Al Mercado No Aplican A Los Chefs, Max Salazar Gallegos
Max Salazar Gallegos
Análisis de los Derechos Constitucionales de Libre Empresa, Iniciatva Privada, Libre Competencia, y Libre Acceso al Mercado en relación a la prohibición de abrir nuevas Universidades en el Perú, y el control de la calidad en la educación.
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Noncitizen Students And Immigration Policy Post-9/11, Victor Romero
Victor C. Romero
The purpose of this article is to describe the post-9/11 world for noncitizen students and scholars in light of recent federal legislation, specifically focusing on three laws: the USA-PATRIOT Act of 2001, the Border Commuter Student Act of 2002, and the proposed Capital Student Adjustment Act, currently pending in Congress. In all three, Congress is seen trying to walk the fine line between providing fair access to postsecondary education to noncitizen students and guarding against the possibility that such institutions are being used as a springboard for terrorist activity.
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Immigrant Education And The Promise Of Integrative Egalitarianism, Victor C. Romero
Victor C. Romero
Although not an equal protection case, Martinez v. Regents of the University of California challenges us to grapple with the Supreme Court’s post-Brown commitment to equal opportunity within the context of immigrant higher education. Sadly, Brown’s progeny from Bakke to Parents Involved reveals the cost of embracing a color-blind constitutionalism unmoored from a fundamental commitment to vigilantly combat subordination and dismantle unearned privilege. More optimistically, the Supreme Court’s gay rights jurisprudence developed in Romer v. Evans and Lawrence v. Texas provides insights into how a conservative court can accurately distinguish irrational discrimination from democratic deliberation, a lesson that might help …
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Postsecondary School Education Benefits For Undocumented Immigrants: Promises And Pitfalls, Victor C. Romero
Victor C. Romero
Should longtime undocumented immigrants have the same opportunity as lawful permanent residents and U.S. citizens to attend state colleges and universities? There are two typical justifications for denying them such opportunities. First, treating undocumented immigrants as in-state residents discriminates against U.S. citizen nonresidents of the state. Second, and more broadly, undocumented immigration should be discouraged as a policy matter, and therefore allowing undocumented immigrant children equal opportunities as legal residents condones and perhaps encourages "illegal" immigration. This essay responds to these two concerns by surveying state and federal solutions to this issue.
The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel
The Limits Of Federal Disability Law: State Educational Voucher Programs, Wendy Hensel
Wendy F. Hensel
The U.S. Department of Justice is currently investigating the state of Wisconsin with respect to its administration of the Milwaukee Parental Choice Program (MPCP), which provides low-income students with public money to attend private schools. Faced with complaints of disability discrimination by private schools accepting voucher students, DOJ has ordered Wisconsin to oversee and police these schools to ensure compliance with Title II of the Americans with Disabilities Act, which applies to states and their agencies, and § 504 of the Rehabilitation Act, which applies to recipients of federal funding. Although conditioning its directive on the state's coverage under these …
Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone
Law Schools And Technology: Where We Are And Where We Are Heading, Michele R. Pistone
Michele R. Pistone
1. For many years, the question of how to use technology to teach the law has been a minor concern of the legal academy. That era of general indifference to developments in learning technologies is now coming to an end. There are many reasons for the change. Law schools are facing such a host of difficulties— declining enrollments, declining job prospects for graduates, reduced public funding, and understandable concerns about cost and debt—that sometimes it seems the only debate is over whether the situation is best described as a “tsunami” or “a perfect storm.” Against this backdrop, technology offers the …
Resolution 07-11-2015, To Require Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker
Resolution 07-11-2015, To Require Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker
Catherine L Rucker
To Amend California Education Code section 51222 to require that K-12 school districts that offer aquatics physical education shall provide certified lifeguards.