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Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen 2020 Golden Gate University School of Law

Anti-Immigration Laws Obstruct The Education Of Undocumented Students, Valeria Jansen

Poverty Law Conference & Symposium

Anti-immigration laws create unreasonable obstacles to the academic advancement of undocumented students. A close analysis of Proposition 187 and HB 56 will show how undocumented students are still facing hardship as they navigate American schools. Also, looking at the aftereffects of Proposition 187 will help uncover ways in which all states can help support undocumented children in their academic achievements. As Justice Brennan once wrote, “Education has a fundamental role in maintaining the fabric of our society.”

Following the introduction, Part II of this essay reflects on the 1982 landmark case, Plyler v. Doe. Part III compares two anti-immigration laws ...


This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos 2020 University of Michigan Law School

This Is What Democracy Looks Like: Title Ix And The Legitimacy Of The Administrative State, Samuel R. Bagentos

Michigan Law Review

Review of R. Shep Melnick's The Transformation of Title IX: Regulating Gender Equality in Education.


Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, Hannah Walsh 2020 Notre Dame Law School

Further Harm And Harassment: The Cost Of Excess Process To Victims Of Sexual Violence On College Campuses, Hannah Walsh

Notre Dame Law Review

This Note argues that in employing the Mathews v. Eldridge test to formulate the constitutional minimum process necessary to satisfy the Fourteenth Amendment in a Title IX university disciplinary hearing, federal courts have failed to adequately weigh the inevitable harm to survivors that will result from allowing one accused of sexual assault to personally cross-examine their accuser as part of the government interest at stake. Furthermore, this Note contends that any institution permitting the practice of respondents cross-examining their complainants commits sex discrimination in violation of Title IX by directly inflicting harm on its female students. Part I will provide ...


Title Ix Effectiveness At American Universities, Corrine K. Girard 2020 Embry-Riddle Aeronautical University

Title Ix Effectiveness At American Universities, Corrine K. Girard

Discovery Day - Prescott

The purpose of this research is to contribute to and improve existing university knowledge of the effectiveness of the University Title IX reporting process. After discussing experiences with Title IX with students at ERAU, it is apparent that there is a negative connotation among university students with this program. This research will build off of the research completed last year in which ERAU Title IX processes were compared to that of Occidental College and CalTech. This research aims to provide clarity to Title IX offices at the University to aid in successfully adapting their program to the needs of the ...


Mediation In Education For Foster Care, Anelise Powers 2020 Pepperdine University

Mediation In Education For Foster Care, Anelise Powers

Pepperdine Dispute Resolution Law Journal

There are well over 400,000 children in foster care. Education can improve the well-being of foster children in critical development stages of life and support their economic success in adulthood. In recent years, the law has given greater priority to the education of foster children, and foster children are often eligible for additional services. However, a common trend in foster care research is that foster children, though eligible, do not always receive the services created to assist them. This paper will explore how improving mediation related to education and foster care can help maximize the impact of efforts to ...


What Services And Products A Scholarly Communications Department May Offer Your Department/College, Kris S. Helge 2020 Texas Woman's University

What Services And Products A Scholarly Communications Department May Offer Your Department/College, Kris S. Helge

Academic Chairpersons Conference Proceedings

The presenter and the participants will discuss what faculty needs may be met by the services offered by members of a Scholarly Communications Department. Some of these needs may include citation counts, publishing needs, scholarship dissemination and preservation, assistance with intellectual property conundrums, and help with open educational resources.


Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. McCluskey 2020 University of Maine School of Law

Privileged Violence, Principled Fantasy, And Feminist Method: The Colby Fraternity Case, Martha T. Mccluskey

Maine Law Review

Colby College banned fraternities and sororities in 1984 after many years of unsuccessfully attempting to improve fraternity behavior. Sexual harassment and sex discrimination were major reasons for the college's decision. At first the college withheld official recognition of and financial benefits to the fraternities. Membership in fraternities was not punished, although Colby established a policy prohibiting any participation in fraternities. The college had hoped that without houses, financing, and other support from the administration, the fraternities would disband—particularly once all students who had belonged to the officially sanctioned groups had graduated. Although the sororities soon dissolved, most of ...


Internet Architecture And Disability, Blake Reid 2020 University of Colorado Law School

Internet Architecture And Disability, Blake Reid

Indiana Law Journal

The Internet is essential for education, employment, information, and cultural and democratic participation. For tens of millions of people with disabilities in the United States, barriers to accessing the Internet—including the visual presentation of information to people who are blind or visually impaired, the aural presentation of information to people who are deaf or hard of hearing, and the persistence of Internet technology, interfaces, and content without regard to prohibitive cognitive load for people with cognitive and intellectual disabilities—collectively pose one of the most significant civil rights issues of the information age. Yet disability law lacks a comprehensive ...


Retitling Title Ix, Matthew F. Marino 2020 Seton Hall University

Retitling Title Ix, Matthew F. Marino

Seton Hall University Dissertations and Theses (ETDs)

Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX ...


Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson 2020 William & Mary Law School

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

William & Mary Journal of Race, Gender, and Social Justice

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the ...


The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe 2020 University of South Dakota

The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe

Honors Thesis

This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based ...


The Title Ix Contract Quagmire, Bryce Freeman 2020 University of Michigan Law School

The Title Ix Contract Quagmire, Bryce Freeman

Michigan Law Review

Courts and scholars have long grappled with whether and to what extent educational institutions are in contract with their students. If they are, then students can sue their private universities for breaching that contract— ordinarily understood as the student handbook and other materials—when the institution levies a disciplinary action against the student. But what promises, both implicit and explicit, do private universities make to their students that courts should enforce? This question has resurfaced in the Title IX context, where courts have largely drawn clear dividing lines between the rights of public and private university students. This Comment provides ...


Connecticut Pre-K Policy, Parental Choice, And The Trinity College Community Child Center, Manny Rodriguez 2020 Trinity College

Connecticut Pre-K Policy, Parental Choice, And The Trinity College Community Child Center, Manny Rodriguez

Senior Theses and Projects

Traditional public schools in Connecticut have been pushed out by newer options since the landmark Sheff vs. O’Neill decision, which called for the development of magnet schools. The influx of magnet schools to Connecticut has caused traditional preschools like the Trinity College Community Child Center (TC4) to experience more competition and lose potential enrollees and revenue. For this project, I sought to discover how the growth of magnet pre-k programs has influenced how families choose schools for their 3-to-5-year-old children. I analyzed data from the Connecticut Office of Early Childhood, the Connecticut State Department of Education and conducted 10 ...


The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D. 2020 Barry University School of Law

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.


The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala 2020 Duke Law

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.


Legal Contexts Of Education, Vanessa Garry 2020 University of Missouri-St. Louis

Legal Contexts Of Education, Vanessa Garry

Open Educational Resources Collection

This is a collection of readings relevant to local Saint Louis, Missouri state and United States federal, laws and cases as they relate to education policies. The readings are organized by topic, as show below.

The First Amendment

  • Tinker v. Des Moines School Dist.
  • Hazelwood School District v. Kuhlmeier
  • Bethel School Dist. No. 403 v. Fraser
  • What Does Free Speech Mean?

The Fourth Amendment

  • New Jersey v. T. L. O.
  • What Does the Fourth Amendment Mean?

The Eighth Amendment

  • Ingraham v. Wright

The Fourteenth Amendment

  • Goss v. Lopez
  • Honig v. Doe

Missouri Laws

  • Stewart v. Board of Ed. of Ritenour ...


Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez 2020 Pepperdine University

Stop Punishing Our Kids: How Title Vii Can Protect Children Of Color In Public School’S Discipline Practices, Lizette Rodriguez

Journal of the National Association of Administrative Law Judiciary

Section I of this comment considers the evolution of education in the United States and how American society dealt with racial discrimination in public schools in the past, and how those facts and decisions differ from the issues that students of color are facing today. Section II explains the Equal Protection Clause (EPC) and analyzes the seminal cases that demonstrate the power of the EPC and when it is appropriate to use it. Section III introduces Title VII and walks through violations of disparate impact discrimination and disparate treatment discrimination. Section IV explains what the Department of Education’s Civil ...


Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel 2020 Pepperdine University

Safeguarding Procedures Under The Idea: Restoring The Balance In The Adjudication Of Fape, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

The article’s purpose is to stimulate IDEA adjudicators, starting with the specialized and significant level of impartial hearing officers, and to restore the enforceable meaning of the procedural requirements of the IDEA. Doing so will provide a more coherent balance with not only the substantive dimension, but also the other decisional dispute resolution mechanisms of the Act. Part I provides an overview of the procedural structure of the IDEA and the Supreme Court’s framework interpretation. Part II traces the subsequent interpretation of the procedural dimension of FAPE, culminating in the codification of the two-part test in the latest ...


From Crime And Punishment To Harm And Healing, Louis L. Fletcher PhD, David Watson 2020 School District 49 (Colorado)

From Crime And Punishment To Harm And Healing, Louis L. Fletcher Phd, David Watson

National Youth-At-Risk Conference Savannah

Expulsion hearings do not have to be contentious events. Using restorative practices in an accountable environment changes the expulsion hearing into an alternative placement discussion where parents, students, and school officials figure out the next step together.


Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda McClain 2020 Boston Univeristy School of Law

Bigotry, Civility, And Reinvigorating Civic Education: Government's Formative Task Amidst Polarization, Linda Mcclain

Faculty Scholarship

In the U.S. and around the globe, concerns over a decline in civility and tolerance and a surge in lethal extremist violence motivated by hatred of religious and racial groups make condemning—and preventing—hatred and bigotry seem urgent. What meaning can the ideal of e pluribus unum (“out of many one”) have in this fraught and polarized environment? Within the U.S., a long line of jurists, politicians, and educators have invoked civic education in public schools as vital to preserving constitutional democracy and a healthy pluralism. How can schools carry out such a civic role in times ...


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