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Articles 3331 - 3360 of 4963
Full-Text Articles in Education Law
Clients As Teachers, Barbara Glesner Fines
The Free Exercise Of Religion And Public Schools: The Implications Of Hybrid Rights On The Religious Upbringing Of Children, Michael E. Lechliter
The Free Exercise Of Religion And Public Schools: The Implications Of Hybrid Rights On The Religious Upbringing Of Children, Michael E. Lechliter
Michigan Law Review
This Note argues that parents have a fundamental right under the U.S. Constitution to direct the religious upbringing of their children and that courts interpreting Smith have systematically misunderstood and misapplied the Supreme Court's confusing hybrid rights language. Part I explains how Yoder and Smith create and preserve parents' right to direct the religious upbringing of their children. The essential point is that the free exercise right and the parental right are not examined independently and simply added together, but instead are incorporated together to provide a specific bite to the free exercise claim. Part I also examines the lower …
For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh
For Whom The School Bell Tolls But Not The Statute Of Limitations: Minors And The Individuals With Disabilities Education Act, Lynn M. Daggett, Perry A. Zirkel, Leeann L. Gurysh
University of Michigan Journal of Law Reform
This Article explores whether claims under the federal special education statute should be tolled on account of minority. Adult disabled students typically assert this type of tolling claim when alleging statutory violations dating back ten or more years, when they were minors. However this tolling claim is decided, there may be undesired results. First, even if the student has a very strong case, the merits are never reached if the court dismisses the hearing request as untimely. Second, if the hearing request is timely and the case proceeds to the merits, the student must remain in her current educational placement, …
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
In Defense Of Maroni: Why Parents Should Be Allowed To Proceed Pro Se In Idea Cases, M. Brendhan Flynn
Indiana Law Journal
No abstract provided.
Giftedness, Disadvantage, And Law, Cynthia V. Ward
Giftedness, Disadvantage, And Law, Cynthia V. Ward
Faculty Publications
No abstract provided.
Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer
Taking It Out Of Neutral: The Application Of Locke's Substantial Interest Test To The School Voucher Debate, Sarah Waszmer
Washington and Lee Law Review
No abstract provided.
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
The Wrongful Rejection Of Big Theory (Marxism) By Feminism And Queer Theory: A Brief Debate, Dana Neacsu
ExpressO
Post modern thought has fought meta-narrative into derision. "[I]f you lick my nipple," as Michael Warner remarked, "the world suddenly seems insignificant," and of course, identity becomes more than a cultural trait. It becomes "the performance of desire." It becomes a place of "ideological contestation over need," or, in other words, an ideology that demands "legitimacy for its desire." However, meta-narratives talk about desire too. For example, Marx talked about the desire caused by the never-ending production of commodities. Thus, if, at first sight, it may seem that identity politics and Marxism have very little in common, that may not …
Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper
Eternal Student Loan Liability: Who Can Sue Under 20 U.S.C. § 1091a?, Glenn E. Roper
Brigham Young University Journal of Public Law
No abstract provided.
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Faculty Scholarship
This review essay analyzes Derrick Bell's provocative new book, Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform (2004). In Silent Covenants, Professor Bell reviews Brown v. Board of Education, and inquires "whether another approach than the one embraced by the Brown decision might have been more effective and less disruptive in the always-contentious racial arena." Specifically, Professor Bell joins black conservatives in critiquing what he describes as a misguided focus on achieving racial balance in schools and argues that the quality of education for minority children, in particular Blacks, would have been better today …
Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson
Caught In The Trap: Pricing Racial Housing Preferences, A. Mechele Dickerson
Michigan Law Review
In The Two-Income Trap, Harvard Law School Professor Elizabeth Warren and business consultant Amelia Warren Tyagi reach a startling conclusion: a two-income middle-class family faces greater financial risks today than a one-income family faced three decades ago. Middle-class families are caught in an "income trap" because they budget based on two incomes and face financial ruin if they lose an income or incur unexpected expenses. The authors suggest that most middle-class families cannot quickly adjust their budgets because their largest monthly expense is the fixed mortgage payment. The parents maintained that they had to allocate a significant portion of …
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
For Whom Does The Bell Toll: The Bell Tolls For Brown?, Angela Onwuachi-Willig
Michigan Law Review
Fifty years after the landmark decision Brown v. Board of Education, black comedian and philanthropist Dr. Bill Cosby astonished guests at a gala in Washington, D.C., when he stated, "'Brown versus the Board of Education is no longer the white person's problem. (Black people] have got to take the neighborhood back . . . . (Lower economic Blacks] are standing on the comer and they can't speak English.'" Cosby, one of the wealthiest men in the United States, complained about "lower economic" Blacks "not holding up their end in this deal." He then asked the question, "'Well, Brown …
The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen
The High School Attainment Credit: A Tax Credit Encouraging Students To Graduate From High School, David Richard Hansen
ExpressO
High school dropouts are a serious problem facing America today. High school dropouts are more likely to be unemployed, earn less money when employed, place a larger burden on the government by requiring public assistance (welfare), and are more likely to be prone to a life of crime and violence than high school completers. While government at all levels continues to focus on schools and teachers in solving the dropout problem, this paper shows how parents are where the focus should lie. This paper proposes a revolutionary tax credit, the High School Attainment Credit (“HSAC”), which would cost-effectively eradicate the …
"Tacking Too Close To The Wind": The Challenge To Prosecution Clinics To Set Our Students On A Straight Course, Stacy Caplow
"Tacking Too Close To The Wind": The Challenge To Prosecution Clinics To Set Our Students On A Straight Course, Stacy Caplow
Faculty Scholarship
No abstract provided.
The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz
The Ten Commandments Return To School And Legal Controversy Follows Them, Leora Harpaz
Faculty Scholarship
The United States Supreme Court confronted the issue of a classroom display of the Ten Commandments almost 25 years ago in the case of Stone v. Graham. In that case, the Court struck down a Kentucky statute that required the posting of the Ten Commandments in all public school classrooms. In a per curiam opinion, the Court summarily reversed a decision of the Supreme Court of Kentucky and concluded that the statute violated the First Amendment's Establishment Clause because it had no secular purpose. The outcomes of recent judicial decisions considering the constitutionality of the display of the Ten Commandments …
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
All Deliberate Speed: Brown's Past And Brown's Future, Charles J. Ogletree Jr.
West Virginia Law Review
No abstract provided.
To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda
To Whom It May Concern: Re: Brown Iii, Angela Mae Kupenda
North Carolina Central Law Review
No abstract provided.
The Liberal State's Response To Religious Visions Of Education, James G. Dwyer
The Liberal State's Response To Religious Visions Of Education, James G. Dwyer
Faculty Publications
No abstract provided.
Symposium: "A Look At Brown V. Board Of Education In West Virginia: Remembering The Past, Examining The Present, And Preparing For The Future"
West Virginia Law Review
No abstract provided.
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
Brown V. Board Of Education In West Virginia, Nelson R. Bickley
West Virginia Law Review
No abstract provided.
The Three R'S: Reading, 'Riting, And Rewarding Illegal Immigrants: How Higher Education Has Acquiesced In The Illegal Presence Of Undocumented Aliens In The United States, Jennifer L. Maki
William & Mary Bill of Rights Journal
No abstract provided.
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
Freedom Of The Press: How University Newspapers Have Fared In The Face Of Challenges From Students, Administrators, Advertisers, And State Legislatures, Lisa Bohman
Brigham Young University Education and Law Journal
No abstract provided.
Confusing Means With Ends: How The Ninth Circuit Continues The Tradition Of Mistaking Diversity As An End In Parents Involved In Community Schools V. Seattle School District, No. 1, Maria Funk Miles
Brigham Young University Education and Law Journal
No abstract provided.
Pieces Of Pico: Saving Intellectual Freedom In The Public School Library, Richard J. Peltz
Pieces Of Pico: Saving Intellectual Freedom In The Public School Library, Richard J. Peltz
Brigham Young University Education and Law Journal
No abstract provided.
An Analytic Framework For Understanding And Evaluating The Fiduciary Duties Of Educators, Brett G. Scharffs, John W. Welch
An Analytic Framework For Understanding And Evaluating The Fiduciary Duties Of Educators, Brett G. Scharffs, John W. Welch
Brigham Young University Education and Law Journal
No abstract provided.
Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins
Should Public Education Be A Federal Fundamental Right?, Brooke Wilkins
Brigham Young University Education and Law Journal
No abstract provided.
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Parental Rights Movement On Utah's Capitol Hill Should Not Make Gains At The Expense Of The State's Children, David B. Dibble
Brigham Young University Education and Law Journal
No abstract provided.
Derolph V. State And Ohio's Long Road To An Adequate Education, Larry J. Obhof
Derolph V. State And Ohio's Long Road To An Adequate Education, Larry J. Obhof
Brigham Young University Education and Law Journal
No abstract provided.
Brown V. Board Of Education And The No Child Left Behind Act: Competing Ideologies, Dana J. Nichols
Brown V. Board Of Education And The No Child Left Behind Act: Competing Ideologies, Dana J. Nichols
Brigham Young University Education and Law Journal
No abstract provided.
Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes
Diversity In Higher Education: The Consideration Of Race In Hiring University Faculty, Suzanne E. Eckes
Brigham Young University Education and Law Journal
No abstract provided.