Education Law Commons^™

The Use Of Video-Conferencing Technology In Legal Education: A Practical Guide, Catherine Arcabascio

Faculty Scholarship

This article explores the use of advanced computer technologies to offer distance learning programs in United States law schools. It begins with an explanation of the original distance learning methods and differentiates them from current methods that incorporate computer-based technologies. The article also explains the different types of technologies available for use in distance learning and describes the model currently in use at the Shepard Broad Law Center at Nova Southeastern University ("Law Center"). Finally, it discusses the pedagogical and planning issues that arise when using this technology, the hardware that is required, and the costs associated with this type …

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.

Mary Daily V. Boston College: The Impermissibility Of Single-Sex Classrooms Within A Private University, Maryam Ahranjani

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Proposition 209 And School Desegregation Programs In California

San Diego Law Review

On November 5, 1996, California voters struck a severe blow to affirmative action by approving Proposition 209 as an amendment to the California Constitution.' Embodied as article I, section 31, the primary thrust of the initiative provides that "[t]he state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting."2 While seemingly straightforward, section 31, like other constitutional imperatives or prohibitions, may be easier to enunciate as a legal principal than it is to apply …

Transforming Education: The Lesson From Argentina, Anne P. Dupre

Vanderbilt Journal of Transnational Law

This Article traces education reforms in Argentina from the colonial period to the present. Specifically, the Article focuses on La Ley Federal de Educacion, passed in 1993, which sought to reform primary and secondary education throughout Argentina by promoting educational equity through a just distribution of educational services and opportunity.

The Article begins with a description of the current Argentine federal republic and the relationship of the federal government and the provinces. Next, the Article describes the development of the Argentine education system.

It continues by explaining the backdrop of the adoption of Ley Federal. The Author describes the act's …

Note, Kdm Ex Rel. Wjm V. Reedsport School District, Kevin C. Walsh

Scholarly Articles

No abstract provided.

Keeping Feminism In Its Place: Sex Segregation And The Domestication Of Female Academics, Nancy Levit

Faculty Works

The thesis of Keeping Feminism in Its Place is that women are being "domesticated" in the legal academy. This occurs in two ways, one theoretical and one very practical: denigration of feminism on the theoretical level and sex segregation of men and women on the experiential level intertwine to disadvantage women in academia in complex and subtle ways.

The article examines occupational sex segregation and role differentiation between male and female law professors, demonstrating statistically that in legal academia, women are congregated in lower-ranking, lower-paying, lower-prestige positions. It also traces how segregation by sex persists in substantive course teaching assignments. …

Beyond The Blackboard: Regulating Distance Learning In Higher Education, Leslie T. Thornton

Vanderbilt Journal of Entertainment & Technology Law

It is not so surprising that traditional institutions of higher education have been relatively slower than businesses, for example, to embrace the potential of the new technologies, and have lost students to those institutions and businesses which have been more willing to change. But technology is playing an enormous role in the shape, size, and direction of education, and it's not waiting for the leaders of traditional institutions--or anyone else, for that matter--to join the club.

This Article examines the scope and impact of that role, specifically as it has developed through a new trend toward online "distance education" or …

Campaign For Fiscal Equity V. State: A Template For Education Transformation In New York, Andrew A. Washburn

Buffalo Law Review

No abstract provided.

The Academic Support Student In The Year 2010, Leslie Yalof Garfield

Elisabeth Haub School of Law Faculty Publications

Academic support professionals have long recognized the benefits of imparting a greater knowledge of learning skills to law students as a way to enhance their ability to learn the law. Consequently, the science and pedagogy of academic support have become a staple of legal education. However, while the need for academic support remains a constant, the identification of those in need of academic support programs continues to be in flux. Growing social awareness of an expanded definition of diversity, recent decisions such as Hopwood v. Texas and the proliferation of academic support programs have expanded the definition of the academic …

Gender And Intercollegiate Athletics: Data And Myths, Julia C. Lamber

Articles by Maurer Faculty

This Article explores what nondiscrimination means in the context of intercollegiate athletics. After reviewing the Department of Education's controversial Title IX Policy Interpretation, it critically examines the analytical framework used in Title IX athletic cases and concludes that commonly made analogies to litigation under Title VII of the 1964 Civil Rights Act are inapt. A major part of the Article is an empirical study, looking first at gender equity plans written by institutions of higher education for the National Collegiate Athletic Association and then at data collected from more than 325 institutions pursuant to the Equity in Athletics Disclosure Act. …

Testing Multiple Intelligences: Comparing Evaluation By Simulation And Written Exam , Ian Weinstein

Faculty Scholarship

Written examinations play a key role in legal education. The LSAT is the most important factor in law school admissions. Once students enroll in law school, exams are used to evaluate and sort first year students. At most American law schools, a single, end of semester or end of year, timed, written, in class exam determines the grade in each first year class.' Although exams continue to play a major role throughout law school, once students are sorted at the end of first year it is often difficult for them to significantly change their place in the law school hierarchy. …

Direct Measures: An Alternative Form Of Affirmative Action, Daria Roithmayr

Michigan Journal of Race and Law

Part I of this essay sets out in detail the direct measures affirmative action program. This section also compares the program to other alternative affirmative action program experiments undertaken by various educational institutions. Parts II and III discuss the constitutionality of a direct measures program.

Violence And Injury In Illinois Schools: Students Deserve A Remedy, 34 J. Marshall L. Rev. 803 (2001), Sarah Lindley

UIC Law Review

No abstract provided.

"There's No Crying In Baseball": Sports And The Legal And Social Construction Of Gender, Rhonda Reaves

Journal Publications

This Article analyzes the view that to be taken seriously as an athlete, women must replicate the behaviors prevalent in male-dominated sports. The Article focuses on sports in the educational context as an important opportunity for legal intervention. Because the law involves the allocation of resources and the policing of behavior by the government, this discussion prompts us to ask how resources should be allocated and what kinds of behavior should be encouraged and discouraged in promoting gender equity. In particular, the analysis of sports within educational programs offers an opportunity for a critical examination of current models of athletic …

Their Own Preposessions: The Establishment Clause 1999-2000, Leslie C. Griffin

Scholarly Works

No abstract provided.

Diversity Efforts In Independent Schools, Michael Brosnan

Fordham Urban Law Journal

When it comes to diversity, many high-end institutions--including those in education, politics, and media--have been slow to change and reluctant to promote people who do not fit a certain profile. They are cautious institutions reflecting the broader culture of power. Independent schools are wrestling with the same concerns as law firms. They are trying to diversify their teaching staffs and student bodies, but are having limited success. Diversifying a school with a tradition of being predominantly white (and sometimes predominantly Christian) requires work on many fronts. Any effort to hire teachers of color, to be successful, must coincide with steps …

The Diversity Dialogues In Higher Education, John H. Bunzel

Fordham Urban Law Journal

It is hard to be an enemy of diversity. Most Americans recognize diversity as one of the nation’s proudest attributes. Beyond that, however, there is confusion over the term’s meaning. No matter how often people say the word, or how strongly they believe in it, they continue to ignore the way diversity has become an all-embracing concept. The term “diversity” has become a code word that fails to define precisely what it allegedly exalts and what exactly is to be accomplished by those who extol its virtues. The elasticity of the term “diversity” has masked many kinds of questionable conduct. …

Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act, Allan G. Osborne, Jr. Ed.D

Fordham Urban Law Journal

In 1975, Congress passed the Education for All Handicapped Children Act. Since 1975, Congress has amended the statute several times. One of those amendments, enacted in 1990, gave the law a new name: the Individuals with Disabilities Education Act (“IDEA”). The law, as initially enacted and amended, was silent on the subject of discipline. In 1997, Congress passed the most comprehensive amendments to the IDEA to date. The amendments included provisions on the discipline of students with disabilities. Many of those provisions simply codified existing case law; others, however, helped clarify formerly opaque areas. This article will analyze the requirements …

Alternative Education: The Criminalization Of Student Behavior, Augustina H. Reyes

Fordham Urban Law Journal

Public education was intended to give students a broad perspective to prepare them for living in a complex, diverse society. This article will examine a relatively recent development in public education: alternative education programs (AEPs). Using Texas public schools as a case study, this article argues that AEPs defeat public education’s goal of exposing students to a diverse student body. This is because AEPs segregate at-risk students-- usually Latinos, African Americans, Native Americans, and poor Whites--from the rest of the student population. This article deals with disciplinary AEPS, also known as DAEPs. Part I of the article will explore the …

Why Girls’ Schools? The Difference In Girl-Centered Education, Whitney Ransome, Meg Milne Moulton

Fordham Urban Law Journal

The past decade has witnessed a remarkable resurgence of interest in all-girls’ education. Following the enactment of Title IX in 1972, the number of single-sex schools declined. By the mid 1990s, only two public girls’ schools remained. What, then, explains the remarkable renaissance that has occurred in just over a decade’s time? What has led to the renewal of interest in girls’ schools? How does an all-girls education differ from a co-educational education? The answers to these questions can be found in a series of interrelated developments in educational theory, gender research, and the link between brain function and the …

Defending All-Male Education: A New Cultural Moment For A Renewed Debate, Stephen H. Webb

Fordham Urban Law Journal

Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option. Single-sex education for both genders can be a constructive way to address problems plaguing not only education but the culture as a …

Confronting Same-Sex, Student-To-Student Sexual Harassment: Recommendations For Educators And Policy Makers, Thomas A. Mayes

Fordham Urban Law Journal

Student-on-student sexual harassment has been the subject of significant scholarly commentary and numerous court battles. In light of the United States Supreme Court's decision in Davis v. Monroe County Board of Education, which held that in certain cases students have a cause of action under Title IX against schools for peer sexual harassment, many schools have been advised to consider responses to and ways to prevent student-on-student sexual harassment. When considering corrective and preventative approaches to peer sexual harassment in the schools, educators and policy makers should strongly consider addressing same-sex harassment. Prior to its decision in Davis, a unanimous …

The Education Justice: The Honorable Lewis Franklin Powell, Jr., Victoria J. Dodd

Fordham Urban Law Journal

The Honorable Lewis Franklin Powell, Jr. is “the education Justice” of the United States. During his tenure on the U.S. Supreme Court, from 1971 to 1987, Justice Powell authored at least twenty major opinions in education law, in addition to numerous significant concurrences and dissents. Just a sampling of Justice Powell's majority opinions on education could form the bulk of an education law textbook recognizable by any American law student. This Article will explore some of Justice Powell's major Supreme Court rulings in education law. It will also consider how these rulings may have related to aspects of Justice Powell's …

The Children's School: Lessons For Inclusion, Leadership, And School Success, Beth Lief

Fordham Urban Law Journal

In recent years education has evolved into the country's number one public concern. Presidential, gubernatorial, mayoral, and legislative candidates all claim to care about educating our children. Successful schools should be used by educators and policy-makers as models. In order to reproduce the success of these schools, the reasons for their success must be identified. A school's achievement data gives important indications of why it succeeds. There are also innumerable studies and reports listing factors enabling school success. The Children's School in Brooklyn, New York is a school worthy of study. The leadership is superb; teachers know their students and …

An Idea Schools Can Use: Lessons From Special Education Legislation, Terry Jean Seligman

Fordham Urban Law Journal

The Individuals with Disabilities Education Act (the “IDEA”) has been a part of our public education system since 1975. The IDEA was enacted in response to the exclusion and inadequate education of children with disabilities. The IDEA is widely viewed as having opened the doors to education to previously excluded children. During the summer of 2001, as Congress labored to pass new standards for public education, the Secretary of Education under President George W. Bush's administration resisted efforts to increase funding for special education, asserting that the IDEA needed reforms that money could not address. This article argues that the …

Unequal Educational Opportunities For Gifted Students: Robbing Peter To Pay Paul?, Charles J. Russo

Fordham Urban Law Journal

Brown ushered in an era that has led to admirable, yet arguably incomplete, gains in equal educational opportunities for all children, most notably minorities, females, and students with disabilities. However, despite the progress that has been made in the struggle for educational equality, many exceptional students are not being fully served. Aside from commission reports and rhetoric, little has been done at either the federal or state level to offer appropriate programming for gifted and talented children's educational needs. It is questionable whether educational leaders and policy makers have taken sufficient steps to meet the educational needs of gifted children. …

Diversity Efforts In Independent Schools , Michael Brosnan

Fordham Urban Law Journal

In recent years, independent schools have begun committing themselves to diversity. Schools are recruiting more students and teachers of color and have transformed their curriculum to better address race, gender, class religion, and sexual orientation. Schools must start marketing themselves to a broad spectrum of families, teachers, and administrators, and have done so in order to prepare students for the adult world to come. Schools need to hire and retain teachers of color. To achieve this, some overlapping efforts by schools include: creating the need to hire teachers of color with the school's mission, clarifying the school's climate and culture, …

Making Up For Lost Time: The Third Circuit's Use Of Remedies For Violations Of The Individuals With Disabilities Education Act, Jean M. Bond

Villanova Law Review

No abstract provided.

The Supreme Court 2000 Term--Leading Cases, Good News Club V. Milford Central School, 121 S. Ct. 2093 (2001), Emily Gold Waldman

Elisabeth Haub School of Law Faculty Publications

After the Supreme Court held in Widmar v. Vincent that state universities could not constitutionally deny religious groups access to facilities generally available to student groups, a number of school districts authored access policies that were designed to create “limited public forums.” These policies delineated the categories of activities for which school property could be used, and indicated that religious activities were not among them. In Lamb's Chapel v. Center Moriches Union Free School District, however, the Supreme Court struck a blow to the notion that school districts could employ the limited public forum approach to exclude religious activities from …