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What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm 2015 Touro College Jacob D. Fuchsberg Law Center

What Are We Making A Federal Case Of? An Interdisciplinary Analysis Of Education And The Right To Privacy In The Classroom, Ronnie Jane Lamm

Touro Law Review

No abstract provided.


Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose 2015 Texas A&M University School of Law

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Pace Law Review

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.


An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus 2015 Pepperdine University

An Idea For Special Education: Why The Idea Should Have Primacy Over The Ada In Adjudicating Education Claims For Students With Disabilities, Angela Estrella-Lemus

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones 2015 Boston College Law School

Real Accountability: The Ncaa Can No Longer Evade Antitrust Liability Through Amateurism After O’Bannon V. Ncaa, Michael T. Jones

Boston College Law Review

On August 8, 2014, in O’Bannon v. National Collegiate Athletic Association, the U.S. District Court for the Northern District of California held that the NCAA’s restriction on compensating student-athletes for the use of their names, images, and likenesses violated the Sherman Act. The court ruled against the NCAA despite a long history of judicial deference grounded in preserving the amateur and educational nature of the NCAA. The NCAA has appealed the decision. Despite annual revenues approaching $1 billion, the NCAA claims its amateur and educational fundamentals distinguish its product from commercialized professional sports. This Comment argues that ...


Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole F. Rider 2015 The University of Southern Mississippi

Teachers' Perceptions Of Their Ability To Respond To Active Shooter Incidents, Carole F. Rider

Dissertations

The purpose of this research study was to determine Mississippi high school teachers’ perceptions regarding their preparedness for an active shooter incident. The study included an extensive literature review that included background and policy context, theoretical foundations, pertinent research and professional perspectives and a worldwide timeline of school shootings. The study also included data collection and analysis, results, conclusions, recommendations for policymakers and educational leaders, and recommendations for further research.

The study was conducted to determine if there was a relationship between school planning procedures, participation in practice and drill activity, and administrator preparedness for an active shooter incident and ...


Faculty Insights Of Educational Diversity, Meera E. Deo 2015 Thomas Jefferson School of Law

Faculty Insights Of Educational Diversity, Meera E. Deo

Fordham Law Review

Twice in the past two years, the U.S. Supreme Court has approved educational diversity as a compelling state interest that justifies the use of race in higher education admissions decisions. Nevertheless, it remains on somewhat shaky ground. Over the past decade, the Court has emphasized that its acceptance of diversity stems from the expectation that a diverse student body will enhance the classroom environment, with students drawing on their diverse backgrounds during classroom conversations that ultimately bring the law to life. Yet, the Court provides no support for its assumption that admitting and enrolling diverse students actually result in ...


Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney 2015 University of Tennessee, Knoxville

Common Core State Standards: Analysis And Policy Proposal, Savannah Rae Dabney

University of Tennessee Honors Thesis Projects

No abstract provided.


Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi 2015 University of Maryland Francis King Carey School of Law

Varsity Blues: Student Athlete Unionization Is The Wrong Way Forward To Reform Collegiate Athletics, Michael P. Cianfichi

Maryland Law Review

No abstract provided.


A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr. 2015 College of William & Mary Law School

A Crowded Room Or The Perfect Fit? Exploring Affirmative Action Treatment In College And University Admissions For Self-Identified Lgbt Individuals, Herbert C. Brown Jr.

William & Mary Journal of Women and the Law

This Article explores affirmative action treatment for self-identified LGBT individuals in college and university admissions. This Article seeks to explain that while granting affirmative action treatment to self-identified students in the admission process is constitutional, under the current affirmative action precedent, there is a lack of sufficient justification for such an expansion. This Article will also explore the advantages and disadvantages should colleges and universities choose to implement affirmative action programs for LGBT applicants.

Section I of this Article will begin by depicting the evolution of affirmative action programs since their inception in the early 1960s. This section will also ...


Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker 2015 Golden Gate University School of Law

Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker

Catherine L Rucker

In California, K-12 schools with swimming pools are able to provide swim physical education classes without lifeguard supervision. This is because the Health & Safety Code only requires lifeguard supervision for public pools that charge a "direct fee." As a result, some schools are conducting swim pe classes - that are only supervised by one physical education teacher. And the teacher may or may not have additional safety training. Unfortunately, drownings and near-drownings have occurred in school swim pe classes in California.

In order to ensure student safety, this resolution would require that a K-12 school can only offer a swim pe ...


Resolution About K-12 School Field Trip Liability, Catherine L. Rucker 2015 Golden Gate University School of Law

Resolution About K-12 School Field Trip Liability, Catherine L. Rucker

Catherine L Rucker

The California Education Code has conflicting sections about school liability for events that occur off-campus. For example, if a student is injured during a "field trip or excursion," then the parents cannot file "any claim." This means that the school would have absolute immunity and cannot be held liable for the student's injury.. In contrast, if a student is injured during a "school-sponsored event," then the school only has conditional immunity. This means that if a school employee acted negligently, then the school can be held liable for the student's injury. This resolution asks the California legislature to ...


The Problem Of Nonprofit Executive Pay?: Evidence From U.S. Colleges And Universities, Brian D. Galle, David I. Walker 2015 Boston College

The Problem Of Nonprofit Executive Pay?: Evidence From U.S. Colleges And Universities, Brian D. Galle, David I. Walker

Boston College Law School Faculty Papers

Nonprofit organizations suffer from agency problems that are similar to or perhaps even more severe than those observed at for-profit companies. As a result, one might expect the executive pay setting process in the two sectors to reflect similar deficiencies. This Article explains why the managerial power theory that was developed to help explain for-profit executive pay is plausibly applicable to nonprofits. More importantly, this Article offers new evidence based on data from a large panel of colleges and universities collected across a nine year period that supports the idea that potential stakeholder outrage plays a role in limiting nonprofit ...


Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin 2015 University of Tennessee - Knoxville

Exhibits To Accompany Testimony & Statement Of Dean Hill Rivkin Before The Senate Judiciary Committee (21 April 2015), Dean H. Rivkin

College of Law Faculty Scholarship

Exhibits to accompany testimony and statement-of-record of Professor Dean Hill Rivkin (The University of Tennessee College of Law), as submitted on April 21, 2015, before a hearing convened by the U.S. Senate Committee on the Judiciary: “Improving Accountability and Oversight of Juvenile Justice Grants.”


The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices, Rhonda V. Magee 2015 University of San Francisco

The Way Of Colorinsight: Understanding Race And Law Effectively Through Mindfulness-Based Colorinsight Practices, Rhonda V. Magee

Rhonda V Magee

Most of us know that, despite the counsel of the current Supreme Court, colorblindness does not comport with our cognitive experience of the real world. Thus legal scholars, backed by cognitive scientists, have called for a move from colorblindness to color insight -- defined as an understanding of race and its pervasive operation in our lives and in the law. This Article is the first to explore the role of research-grounded mindfulness-based contemplative practices in enhancing what may be called Colorinsight, and to suggest specific practices that assist in its development not only of personal capacity to deal more effectively with ...


Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin Burns 2015 University of Akron

Covering Up An Infection With A Bandage: A Call To Action To Address Flaws In Ohio's Anti-Hazing Legislation, Justin Burns

Akron Law Review

No abstract provided.


Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein III 2015 Northeastern University

Opportunity Lost: Teachers’ Union Reform - Past, Present & Future, Edward C. Klein Iii

Edward C Klein III

Teachers’ unions, in their current form, truly took shape in the tumult of the 1960’s. Built upon the model of industrial unionism first codified in the private sector with the National Labor Relations Act of 1935, and later extended to the public sector through state law, teachers’ unions simultaneously embraced the language of the Civil Rights movement and the classic labor-management dichotomy. Thus, teachers’ unions have come to be a powerful influence on American public education for over 50 years, representing approximately three-quarters of all public school teachers today.

However, the direction of teacher’s unions has not always ...


Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr. 2015 University of Georgia School of Law

Linguistic Minority Educational Rights In Canada: An International And Comparative Perspective, Edward H. Lindsey Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola 2015 Boston College Law School

Big Brother As Parent: Using Surveillance To Patrol Students’ Internet Speech, Catherine E. Mendola

Boston College Journal of Law & Social Justice

With the pervasiveness of the Internet in students’ lives, schools are frequently disrupted by their students’ online speech, whether through threats of violence, cyberbullying, or discussion of self-harm. To combat and minimize these disturbances, some schools are turning to third-party surveillance companies to monitor students’ Internet posts for potentially harmful speech. The U.S. Supreme Court has never addressed a school’s relationship to its students’ Internet postings. In the absence of Supreme Court guidance, lower courts rely primarily on a 1969 free speech ruling from Tinker v. Des Moines Independent Community School District, which asks whether a student’s ...


Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras 2015 Trinity College

Exploring Daca Recipients' Access To Higher Education In Connecticut, Chloe V. Shiras

Senior Theses and Projects

Deferred Action for Childhood Arrival (DACA) recipients represent a new and somewhat unexplored population within the undocumented immigrant community. Having only been introduced three years ago, they live within a state of liminality, legally present in the United States for the first time but with the understanding that it can be stripped from them without a moments warning. DACA is an executive order announced by Obama in 2012, which stated that certain DREAMers (young undocumented immigrants who had been brought to the United States by their parents at a young age) would receive temporary relief from deportation, a work permit ...


Judicial Approaches To Special Education: Residential Placements For Children With Mental Illness Under Idea, Ben Conway 2015 UC Irvine School of Law

Judicial Approaches To Special Education: Residential Placements For Children With Mental Illness Under Idea, Ben Conway

UC Irvine Law Review

No abstract provided.


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