Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (63)
- Constitutional Law (55)
- Law and Race (51)
- Supreme Court of the United States (48)
- Law and Gender (47)
-
- Disability Law (45)
- First Amendment (44)
- State and Local Government Law (44)
- Law and Society (42)
- Legal Education (40)
- Entertainment, Arts, and Sports Law (38)
- Human Rights Law (38)
- Immigration Law (38)
- Law and Politics (38)
- Sexuality and the Law (38)
- Health Law and Policy (37)
- Land Use Law (37)
- Legal History (37)
- Legal Profession (37)
- Legislation (37)
- Privacy Law (37)
- Property Law and Real Estate (37)
- Religion Law (37)
- Administrative Law (36)
- Contracts (36)
- Courts (36)
- Fourteenth Amendment (36)
- Intellectual Property Law (36)
- Institution
-
- Seattle University School of Law (33)
- Washington and Lee University School of Law (6)
- St. John's University School of Law (5)
- St. Mary's University (5)
- William & Mary Law School (5)
-
- Boston University School of Law (4)
- Mississippi College School of Law (4)
- Texas A&M University School of Law (4)
- University of Michigan Law School (4)
- Brooklyn Law School (3)
- Duquesne University (3)
- Loyola University Chicago, School of Law (3)
- Maurer School of Law: Indiana University (3)
- Notre Dame Law School (3)
- Pepperdine University (3)
- University at Buffalo School of Law (3)
- University of Miami Law School (3)
- University of Oklahoma College of Law (3)
- Florida A&M University College of Law (2)
- Florida International University College of Law (2)
- Liberty University (2)
- Mitchell Hamline School of Law (2)
- Northwestern Pritzker School of Law (2)
- Pace University (2)
- Penn State Dickinson Law (2)
- Singapore Management University (2)
- Universitas Indonesia (2)
- University of Cincinnati College of Law (2)
- University of Kentucky (2)
- University of Richmond (2)
- Keyword
-
- Education (27)
- Title IX (12)
- Higher education (9)
- Discrimination (7)
- Affirmative action (6)
-
- Inclusion (6)
- Supreme Court (6)
- College (5)
- Department of Education (5)
- Equity (5)
- Race (5)
- Children (4)
- Equality (4)
- Individuals with Disabilities Education Act (4)
- Privacy (4)
- Public education (4)
- University (4)
- COVID-19 (3)
- Civil Rights (3)
- Diversity (3)
- Education Law (3)
- Education law (3)
- Equal Protection Clause (3)
- Equal protection (3)
- First Amendment (3)
- Fourteenth Amendment (3)
- Free speech (3)
- Gender (3)
- IDEA (3)
- Law (3)
- Publication
-
- Seattle University Law Review (33)
- Faculty Scholarship (12)
- Articles (4)
- Mississippi College Law Review (4)
- St. John's Law Review (4)
-
- Washington and Lee Journal of Civil Rights and Social Justice (4)
- Duquesne Law Review (3)
- Loyola University Chicago Law Journal (3)
- Oklahoma Law Review (3)
- The Scholar: St. Mary's Law Review on Race and Social Justice (3)
- William & Mary Bill of Rights Journal (3)
- Buffalo Law Review (2)
- Dickinson Law Review (2017-Present) (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- FIU Law Review (2)
- Faculty Publications (2)
- Florida A & M University Law Review (2)
- Indiana Law Journal (2)
- Indonesian Notary (2)
- Journal of the National Association of Administrative Law Judiciary (2)
- Mitchell Hamline Law Journal of Public Policy and Practice (2)
- Notre Dame Law Review (2)
- Research Collection Yong Pung How School Of Law (2)
- Theses and Dissertations--Education Sciences (2)
- University of Cincinnati Law Review (2)
- All Faculty Scholarship (1)
- All Papers (1)
- Belmont Law Review (1)
- Brigham Young University Journal of Public Law (1)
- Brooklyn Journal of Corporate, Financial & Commercial Law (1)
- Publication Type
- File Type
Articles 1 - 30 of 161
Full-Text Articles in Education Law
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Media Literacy Policy In Morocco: A Strategic Milestone Missing, Abderrahim Chalfaouat, Karim Essoufi
Journal of Media Literacy Education
In the digital age, diverse walks of human life have reconfigured profoundly. In the Moroccan society, digitalisation plans and the skyrocketing numbers of internet users necessitate coping literacy policies. While several community initiatives have been taken to improve the quality of media literacy, they, as bottom-up efforts, cannot suffice to meet the needs of the whole Moroccan population. Rather, the absence of a central, nationwide, cross-sectoral media literacy policy significantly challenges the effective coordination of official strategies and community initiatives in media education. This article investigates current practices in media literacy in Morocco. Using document analysis, it delves into data …
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
The Outcomes Of Fully Adjudicated Impartial Hearings Under The Idea: A Nationally Representative Analysis With And Without New York, Perry A. Zirkel, Diane M. Holben
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, …
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Aequitas: Seeking Equilibrium In Title Ix, Raymond Trent Cromartie
Sturm College of Law: Faculty Scholarship
Over the past two decades, the scope of Title IX has expanded drastically and now includes the investigation and adjudication of sexual misconduct cases through campus tribunals. Beginning in 2011, the Obama Administration, through a “Dear Colleague Letter” and subsequent guidance, initiated this process by establishing guidelines that required schools to develop and implement policies and procedures for the handling of sexual misconduct cases. Following the publication of the Obama-era guidance, schools scrambled to ensure compliance with the federal guidance, which led to a myriad of applications by universities. Unfortunately, the fallout from the 2011 guidance was widespread litigation initiated …
Adjudication Under The Individuals With Disabilities Education Act: Explicitly Plentiful Rights But Inequitably Paltry Remedies, Perry A. Zirkel
Adjudication Under The Individuals With Disabilities Education Act: Explicitly Plentiful Rights But Inequitably Paltry Remedies, Perry A. Zirkel
Connecticut Law Review
This Article proposes an invigoration in the exercise of the broad equitable authority of hearing officers under the Individuals with Disabilities Act. Providing a higher priority on, and an affirmative presumption for, remedying violations of the Act is in the interest of all parties, extending from the individual child to the child’s parents, the school district, the broader stakeholders, and the systemic improvements that is the statutory purpose. The task is not an easy one, especially given the rather tight timeline for completion of hearing officer proceedings, but it is doable with well-tailored creativity and efficiency. As the contents of …
Just Extracurriculars?, Emily Gold Waldman
Just Extracurriculars?, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
Extracurricular activities have been the battleground for a striking number of Supreme Court cases set at public schools, from cases involving speech to religion to drug testing. Indeed, the two most recent Supreme Court cases involving constitutional rights at public schools--Kennedy v. Bremerton School District (2022) and Mahanoy Area School District v. B.L. (2021)--both arose in the extracurricular context of school sports. Even so, the Supreme Court has never fully clarified the status of extracurricular activities themselves. Once a school offers an extracurricular activity, is participation merely a privilege? Does the fact that extracurricular activities are voluntary for students affect …
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
The Unfinished Business Of Desegregation: Race Conscious College Admissions, Wendy B. Scott
William & Mary Bill of Rights Journal
This rejection of race conscious admissions practices under the Equal Protection Clause of the Fourteenth Amendment by the [Supreme] Court requires a revisit to desegregation jurisprudence and practice to demonstrate why the considerations of race in higher education admissions fulfills the desegregation mandate. Given its rich history and contributions to the formation of equality norms and affirmative action, desegregation jurisprudence and practice provide a foundation for the premise that the use of race in college admissions constitutes a compelling state interest, supported by specific evidence of discrimination, that moves us closer to the democratization of education and racial equality under …
The Illusion Of Due Process In School Discipline, Diana Newmark
The Illusion Of Due Process In School Discipline, Diana Newmark
William & Mary Bill of Rights Journal
Long-term suspensions and expulsions can be enormously consequential for students and their families. Not only do exclusionary disciplinary measures directly result in lost learning opportunities for children, but school discipline decisions can also result in significant collateral consequences. These consequences range from lower rates of graduation and higher rates of contact with the criminal justice system to disruptions in foster care placements, violations of juvenile probation, and even possible immigration consequences for undocumented students.
The Supreme Court has recognized the significance of suspensions and expulsions, requiring due process for such exclusionary discipline measures. But the Supreme Court has never explained …
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
Pathways To Liberty: What Colonial, Antebellum, And Postbellum Education Can Teach Us About Today, Danielle Wingfield
William & Mary Bill of Rights Journal
Education is a critical part of nation-building. More specifically, it can also be a powerful pathway to liberty and a tool for disseminating knowledge. However, historically it has been used to subjugate and censor vulnerable groups like women, socio-economically disadvantaged persons, as well as men of color. Therefore, to avoid subordinating members of such minoritized groups and suppressing uncomfortable historical facts, advocates must continually evaluate the purpose and method of education. Such persistent monitoring can provide a basis for constructive reform of public education in the United States. Such reform must also consider changing social conditions.
Presently, for example, public …
Ways To Make Cybersecurity Education/Opportunities More Accessible In The Philippine Public School System, Joshua Oania
Ways To Make Cybersecurity Education/Opportunities More Accessible In The Philippine Public School System, Joshua Oania
Cybersecurity Undergraduate Research Showcase
This paper will examine how the Philippines can make cybersecurity education more accessible in their public school system. The solutions it proposes include making cybersecurity a part of the school curriculum, creating summer/internship programs for Junior and Senior High School students in multiple different areas within cybersecurity, and providing basic infrastructure and resources for students to meet their educational needs and aspirations.
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan Caminker
States’ Duty Under The Federal Elections Clause And A Federal Right To Education, Evan Caminker
Articles
Fifty years ago, in San Antonio Independent School District v. Rodriguez, the Supreme Court failed to address one of the preeminent civil rights issues of our generation—substandard and inequitable public education—by holding that the federal Constitution does not protect a general right to education. The Court didn’t completely close the door on a narrower argument that the Constitution guarantees “an opportunity to acquire the basic minimal skills necessary for the enjoyment of the rights of speech and of full participation in the political process.” Both litigants and scholars have been trying ever since to push that door open, pressing …
Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko
Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko
The Qualitative Report
This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Taming The Wild West: The Time Is Near For Congress To Intervene In Name, Image, And Likeness Deals For Collegiate Athletes, Bradley Kilborn Kilborn
Belmont Law Review
This note proposes a multifaceted approach for congressional intervention in the NIL market. While there are many areas needing NIL regulation in the collegiate athletic market, the most critical area of need for NIL regulation involves the collectives and directives. These entities have formed and operated without any meaningful guardrails since the NCAA permitted student-athletes to be compensated for their NIL. Additionally, they have been able to influence recruiting both at the high school recruit level and in the collegiate athlete transfer portal.
Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield
Breaking The Fourth's Wall: The Implications Of Remote Education For Students' Fourth Amendment Rights, Sallie Hatfield
Vanderbilt Journal of Entertainment & Technology Law
As the COVID-19 pandemic forced both public K-12 and higher education institutions to transition to exclusively provide remote education, students’ homes and personal lives were exposed to the government like never before. Zoom classes and remote proctoring were suddenly the norm. Students and their families scrambled to create appropriate offices and classroom spaces in their homes, and many awkward and invasive scenarios soon followed. While many may have been harmlessly captured on camera, like classes that witness a student’s family eating lunch in the background or a dog on the couch, even these harmless instances have insidious implications for the …
Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig
Roberts's Revisions: A Narratological Reading Of The Affirmative Action Cases, Angela Onwuachi-Willig
Faculty Scholarship
In a seminal article published nearly twenty years ago in the Yale Journal of Law and the Humanities, Professor Peter Brooks posed a critical yet underexplored question: "Does the [flaw [n]eed a [n]arratology?"5 In essence, he asked whether law as a field should have a framework for deconstructing and understanding how and why a legal opinion, including the events that the opinion is centered on, has been crafted and presented in a particular way.6 After highlighting that "how a story is told can make a difference in legal outcomes," Brooks encouraged legal actors to "talk narrative talk" …
Inconsistencies In State Court Decisions Regarding Public School Financing Are Violating The Constitutional Rights Of Citizens: Why The Nevada Court In Shea V. State Should Have Intervened, Corinne Milnamow
University of Miami Law Review
In 1973, the Supreme Court decided the landmark case, San Antonio Independent School District v. Rodriguez, which held there was no fundamental right to education under the United States Constitution. In the years that have followed Rodriguez, state courts across the country have been left to decide issues related to public school financing. Many plaintiffs in these cases will argue that education is a fundamental right under their state’s constitution and that their respective state’s public school financing structure—one that heavily relies on local property taxes—is unconstitutional because of the discrepancies in the quality of education one will receive in …
Congress's Empty Promises: The Individuals With Disabilities Education Act In The Midst Of Education Crisis, Sarah Jana
Congress's Empty Promises: The Individuals With Disabilities Education Act In The Midst Of Education Crisis, Sarah Jana
University of Cincinnati Law Review
No abstract provided.
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Forgotten: Nyc And School Segregation, Deja Graham
The Forgotten: Nyc And School Segregation, Deja Graham
Buffalo Human Rights Law Review
School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …
A Review Of The 2022/23 International Moots Season, Siyuan Chen
A Review Of The 2022/23 International Moots Season, Siyuan Chen
Research Collection Yong Pung How School Of Law
This is the ninth annual review of Singapore’s performance in international moot court competitions. The preceding season (2021/22) had set a high bar, considering that Singapore law schools took the top two spots in the NICA Law School Rankings. The NICA rankings are based on how law schools throughout the world perform in various international moots, with points weighted according to the scale of the competition. With six championships (including two Grand Slams) as well as a third championship final appearance in the Jessup, SMU took top spot in the NICA rankings for the second time in its history.
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Revisiting The “Tradition Of Local Control” In Public Education, Carter Brace
Michigan Law Review
In Milliken v. Bradley, the Supreme Court declared “local control” the single most important tradition of public education. Milliken and other related cases developed this notion of a tradition, which has frustrated attempts to achieve equitable school funding and desegregation through federal courts. However, despite its significant impact on American education, most scholars have treated the “tradition of local control” as doctrinally insignificant. These scholars depict the tradition either as a policy preference with no formal legal meaning or as one principle among many that courts may use to determine equitable remedies. This Note argues that the Supreme Court …
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
Title Seven Ate Nine? Extending Bostock's Meaning Of "Sex" From Title Vii To Title Ix, Julia L. Shea
St. John's Law Review
(Excerpt)
When JayCee Cooper walked out onto the platform at a women’s powerlifting competition for the first time, “everything else fell away: her years-long internal struggle over her gender identity, her decision to leave men’s sports when she began transitioning, her doubts that she would ever feel safe if she returned to competitions.” Powerlifting was JayCee’s way of feeling empowered in her own life, but after signing up for more competitions, she was told she could no longer compete because of a discriminatory policy that barred transgender women. Transgender athletes play sports for the same reasons as anyone else, including …
Education And Democracy From Brown To Plyler, Nicholas Espíritu
Education And Democracy From Brown To Plyler, Nicholas Espíritu
St. John's Law Review
(Excerpt)
Judicial review has often been cast in terms of democratic legitimacy. Democratic legitimacy is often linked to whether it institutes the will of the people through majoritarian rule and whether it creates processes for reevaluation of these prior decisions by newly constituted majorities. Judicial review of majoritarian decisions has often been criticized as a overriding or circumventing of these democratic processes. Beginning with Brown v. Board of Education, the Warren Court adopted a resolution of the “counter-majoritarian difficulty” of judicial review by tacitly accepting Justice Stone’s formulation from footnote four of United States v. Carolene Products and engaging …
Opening Remarks, Shoba Sivaprasad Wadhia
Opening Remarks, Shoba Sivaprasad Wadhia
St. John's Law Review
(Excerpt)
Thank you. I am honored to be here. And there is no more fitting way to honor Michael than around the 40th anniversary of Plyler v. Doe.
This case centered on Texas statute § 21.031, which on its face, permitted the local school districts to exclude noncitizen children who entered the United States without immigration status or to charge admission for the same. The questions before the Court were: (1) whether a noncitizen under the statute who is present in the state without legal status is a “person” and therefore in the jurisdiction of the state within the meaning …
Introduction, Rosemary Salomone
Introduction, Rosemary Salomone
St. John's Law Review
(Excerpt)
This issue of the St. John’s Law Review includes several Articles that were initially presented at the Law Review’s Fall 2022 virtual symposium. The symposium commemorated the 40th anniversary of the Supreme Court’s landmark decision in Plyler v. Doe as a starting point for discussing current immigration law in the United States. It was dedicated in memory of Professor Michael A. Olivas, who held the William B. Bates Distinguished Chair in Law (Emeritus) and was the Director of the Institute for Higher Education Law and Governance at the University of Houston Law Center. Professor Olivas, a passionate advocate of …
Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole
Sitla And How To Make It Pay: Two Proposals For Increasing The Profitability Of Utah’S School And Institutional Trust Lands, Katrina Cole
Brigham Young University Journal of Public Law
No abstract provided.
Gambling Away Students’ Futures: A Jurisdictional Comparison Of Education Funding And The Role Gaming Taxes Play, Kathryn Hayes
Gambling Away Students’ Futures: A Jurisdictional Comparison Of Education Funding And The Role Gaming Taxes Play, Kathryn Hayes
UNLV Gaming Law Journal
No abstract provided.
Introduction, Stephanie Durr
Introduction, Stephanie Durr
Mississippi College Law Review
The 2022 Mississippi College Law Review Symposium celebrated the 50th Anniversary of the Passage of Title IX. With the benefit of hindsight, the Symposium critically examined Title IX and its progeny, analyzing the benefits and the downfalls over the past fifty years. The 2022 Symposium celebrated Title IX for its accomplishments in eliminating sex-based discrimination in educational institutions but refused to let previous accomplishments overshadow the still-existing gender inequality. While history allows celebration, advocacy demands a commitment to work toward solutions for the persisting inequality. Armed with this intention, the Mississippi College Law Review set out to provide a forum …
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Title Ix 50 Years Later. . . Reflections From A Title Ix Coordinator, Dr. Kristena Gaylor
Mississippi College Law Review
On June 23, 1972, Congress enacted the Title IX Education Amendment of 1972. Title IX prohibits discrimination based on sex in education programs and activities operated by recipients of federal financial assistance. Title IX’s core is the concept that students may not be denied educational opportunities based on their sex. Title IX’s protections extend to school activities, including admissions, financial aid, student services, counseling services, athletics, and physical education. The Title IX legislation eliminates sex-based discrimination to ensure all students—both male and female––have access to and equality in education.
The enactment of Title IX led to an upward trajectory for …
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
A Third Way: Title Ix’S Potential Beyond Criminal And Civil Law Paradigms, Gabriella Kamran
Mississippi College Law Review
A single occurrence of sexual violence on a college campus can lead to any of three major legal outcomes. The first is a traditional criminal prosecution of the alleged perpetrator. The second is a civil lawsuit against the school under Title IX, in which the victim alleges that the school’s disciplinary procedures failed to deliver an adequate response according to the body of law developed by courts interpreting Title IX. The third, which has become increasingly important and visible after a decade of student activism and initiatives by the Department of Education, is an administrative enforcement action by the Department’s …