The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, 2024 William & Mary Law School
The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González
William & Mary Journal of Race, Gender, and Social Justice
As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …
Privacy Or Safety? The Use Of Cameras To Combat Special Ed Abuse, 2024 University of Massachusetts School of Law
Privacy Or Safety? The Use Of Cameras To Combat Special Ed Abuse, Sarah M. Benites
University of Massachusetts Law Review
Self-contained classroom students face abuse from educators at disproportionate rates compared to general education students. To combat the abuse, several jurisdictions, including Massachusetts, have proposed or enacted bills enabling cameras to be placed in self-contained classrooms. This has sparked privacy concerns, particularly regarding whether the usage would amount to an infringement on the Fourth Amendment rights of students and educators. This note argues that surveillance is an ineffective deterrent to prevent violent and abusive behavior and should not justify bypassing potential privacy and constitutional violations. It outlines the relevant case law regarding students and teachers and apply these standards to …
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, 2024 St. Mary's University
To Essa And Beyond: Arc Of Education Policy Bends Toward Local Authorities & Holistic Approaches, Adam Tanielian
St. Mary's Law Journal
This Article presents a mixed-methods, interdisciplinary study on educational policy and practice to offer solutions to fossilized problems extant across the United States’ elementary and secondary schools. Analysis of historic Supreme Court decisions and statutes unveil compelling trends that have shaped the legal landscape over the latter half of the twentieth century. Linguistic comparisons of two milestone revisions of the 1965 Elementary and Secondary Education Act—No Child Left Behind (NCLB) and Every Student Succeeds Act (ESSA)—show Congress granted more flexibility and authority to local districts and states under ESSA, which reflected trends in Supreme Court opinions over several decades.
A …
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, 2024 University of Cincinnati College of Law
From College Campus To Corner Office: The Impact Of Sffa V. Harvard On Voluntary Affirmative Action Programs, Ellen Whitehair
University of Cincinnati Law Review
No abstract provided.
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, 2024 University of Cincinnati College of Law
A De-Regulated Militia: The Diminished Training Requirements For Ohio Teachers To Carry Weapons In Schools, Richard Sharp
University of Cincinnati Law Review
No abstract provided.
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, 2024 University of Cincinnati College of Law
Parental Rights Or Political Ploys? Unraveling The Deceptive Threads Of Modern “Parental Rights” Legislation, Cecilia Giles
University of Cincinnati Law Review
No abstract provided.
Parity In Higher Education In Prison Programs: Does It Exist?, 2024 California State University, San Bernardino
Parity In Higher Education In Prison Programs: Does It Exist?, Michael Lee Griggs, Vianey Luna
Electronic Theses, Projects, and Dissertations
The expansion of college-in-prison (CIP) programs, especially in California, where incarcerated college enrollment increased from 11,472 students to over 15,000 in two years, has spotlighted higher education for incarcerated individuals. This increase, supported by legislation that expands funding for CIP programs and allows time off sentences for successful course/degree completion, is further bolstered by the restoration of Federal Pell funding for incarcerated students after a 28-year ban. Despite the acknowledged benefits of CIP programs in reducing recidivism and enhancing post-release outcomes, existing research highlights the need for additional exploration into the quality of CIP programs. Senate Bill 416 further emphasizes …
A Systematic Review Of The Literature On Sexual Assault And Dating Violence Prevention Programs For Middle Schoolers And High Schoolers, 2024 Bowling Green State University
A Systematic Review Of The Literature On Sexual Assault And Dating Violence Prevention Programs For Middle Schoolers And High Schoolers, Lauren Gay
Honors Projects
Adolescent sexual abuse and dating violence are serious issues that have life-changing impacts on victims. Sex education in the United States does place an emphasis on sexual assault and dating violence prevention curriculum to be provided for students. These programs have the potential to equip students with the knowledge to lead healthy relationships and prevent violent acts from happening. This review details 25 studies that provided these prevention programs to students and the impacts they had. It was found that the programs had positive impacts on preventing sexual assault and dating violence victimization and perpetration, as well as promoting healthy …
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, 2024 Northwestern Pritzker School of Law
Silent Today, Conversant Tomorrow: Education Adequacy As A Political Question, Yeju Hwang
Northwestern University Law Review
When the Supreme Court declined to recognize the right to education as one fundamental to liberty, and thus unprotected by the U.S. Constitution, state courts took on the mantle as the next best fora for those yearning for judicial review of inequities present in American public schools. The explicit inclusion of the right to education in each state’s constitution carried the torch of optimism into the late twentieth century. Despite half a century of litigation in the states, the condition of the nation’s public school system remains troubling and perhaps increasingly falls short of expectations. Less competitive on an international …
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, 2024 Roger Williams University
Amdip Annual Meeting Of Law School Diversity Professionals: Hosted By Roger Williams University School Of Law: April 23-25, 2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Quiet Encroachments On School Prayer Jurisprudence, 2024 South Texas College of Law Houston
Quiet Encroachments On School Prayer Jurisprudence, Amanda Harmony Cooley
West Virginia Law Review
No abstract provided.
200 Years In Review: Education And The Mississippi Constitution, 2024 Mississippi College School of Law
200 Years In Review: Education And The Mississippi Constitution, Wendy Scott
Mississippi College Law Review
No abstract provided.
Emerging School Finance Litigation In Mississippi, 2024 Cumberland School of Law
Emerging School Finance Litigation In Mississippi, Lajuana Davis
Mississippi College Law Review
This year marks the twentieth anniversary of the implementation of Mississippi's education funding statute, the Mississippi Adequate Education Program (MAEP), which requires the state to fully fund public elementary and secondary education. In those two decades, Mississippi has largely avoided the education finance lawsuits faced by other states, despite the state legislature having only fully funded MAEP twice since its enactment. Although courts have been reluctant to push state legislatures to increase funding to achieve greater equity and adequacy of public school education, some plaintiffs have been successful in reforming education finance laws in other states. Recently, and for the …
The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, 2024 Loyola University of New Orleans College of Law
The Mississippi Charter School Act: Will It Produce Effective And Equitable Charter Schools?, Robert A. Garda Jr.
Mississippi College Law Review
The Mississippi Charter School Act (CSA) is under constitutional and political attack. On the first front, litigation is underway challenging the funding provisions of the CSA under the Mississippi Constitution. The second front is a broader political attack against charter schools generally, which questions their effectiveness, viability and impact on traditional public schools. These critical issues have diverted attention from a third, and equally important, consideration: whether the CSA is an effective charter enabling statute. This article addresses this overlooked issue and analyzes the CSA to determine if it constructs a landscape that ensures the creation, governance, and oversight of …
Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, 2024 Mississippi College School of Law
Education In Mississippi: A Brief History From 1820 To The Creation Of The State's First Statewide Public Education System, Dennis J. Mitchell
Mississippi College Law Review
This essay surveys education in Mississippi from its origins to the creation of the state's first statewide public education system during "Radical" Reconstruction. The Choctaws and Chickasaws had developed methods of educating youngsters in their traditional culture; however, faced with the invasion of their homelands by Africans and Europeans, they began to embrace "white" missionary schools in order to learn the skills needed to survive in the new economy imposed by the settlers. The European-derived invaders consisted of two classes: the planters and the yeomen (poor).
It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, 2024 Mississippi College School of Law
It Takes A Village, Not A Schoolhouse: The Deprival Of Parents & Students' Rights To Privacy & Expression In Context Of Bell V. Itawamba, Marcellus D. Chamberlain
Mississippi College Law Review
The notion that "it takes a village to raise a child" is a proverbial adage that still maintains the same, if not greater, relevance today. This simply means the successful upbringing of a child depends not only on the parents, but also on the child's village, which consists of trusted members of the community, extended family, friends of the family, and other mentors. As the child transitions into adulthood, there is an expectation among the village members that the child will use the lessons he or she learns about life and its responsibilities to honor the village accordingly. Some of …
Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, 2024 University of Washington School of Law
Navigating The First Amendment In School Choice: The Case For The Constitutionality Of Washington’S Charter School Act, Stephanie Smith
Washington Journal of Social & Environmental Justice
No abstract provided.
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, 2024 St. Mary's University
It’S Time To Turn The Tide: The Supreme Court Must Moderate Its Stare Decisis Approach Before It’S Too Late For Cases Like Plyler, Sabrina Rodriguez
The Scholar: St. Mary's Law Review on Race and Social Justice
We are standing in a defining moment for the Supreme Court. Against the backdrop of the Court’s Dobbs decision, it is now clearer than ever that if the Court fails to modernize its stare decisis approach, the civil liberties we enjoy are vulnerable to be undermined beyond recognition. Scholars have previously opined that the modern Court’s application of stare decisis to overturn precedent is not a significant departure from the Court’s historical application of this doctrine and thus, the Court’s stare decisis trend is not alarming. This argument fails to appreciate that overturning precedent under selective application stare decisis factors …
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, 2024 St. Mary's University
Closing The Door On Human Dignity: How The Supreme Court Blocked The Path To Relief For Victims Of Title Ix Discrimination, Bailey Wylie
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment exposes the far-reaching consequences of Cummings v. Premier Rehab Keller and scrutinizes the Supreme Court’s reliance on contract law principles to deny victims of discrimination recovery of non-economic damages.
For almost 50 years, courts have awarded emotional distress damages to victims of discrimination. Consequently, the Court’s lack of notice argument within Cummings falls flat through a cursory analysis of precedent. In the context of Title IX discrimination, school districts are undeniably aware of the possibility of sexual harassment liability at the time they accept federal funding. Mandated Codes of Conduct explicitly prohibit sexual harassment and outline ramifications for …
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, 2024 University of Cincinnati College of Law
Once Is Enough: Why Title Ix's Pervasive Requirement Necessitates Adopting The Totality Inquiry, Evan S. Thompson
University of Cincinnati Law Review
No abstract provided.