Open Access. Powered by Scholars. Published by Universities.®

Education Law Commons

Open Access. Powered by Scholars. Published by Universities.®

1,734 Full-Text Articles 1,308 Authors 558,946 Downloads 100 Institutions

All Articles in Education Law

Faceted Search

1,734 full-text articles. Page 1 of 31.

Equality And Democracy, Steven L. Winter 2014 SelectedWorks

Equality And Democracy, Steven L. Winter

Steven L Winter

Brown is the most celebrated case in 20th Century Constitutional Law but its egalitarian vision is under attack. This article examines the meaning of equality and its constitutive relation to democracy. It contrasts Robert Post’s and Peter Westen’s arguments critical equality with Charles Sumner’s arguments in Roberts v. City of Boston (1849) and the original, Athenian understanding of democracy on which it is based. It then considers the social and power dynamics of gender before, during, and after the January 25th uprising in Tahrir Square in Egypt. The critical lesson it draws from Roberts and Tahrir is ...


Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin 2014 SelectedWorks

Cocktails On Campus: Are Libations A Liability?, Susan S. Bendlin

Susan S. Bendlin

ABSTRACT: By Susan S. Bendlin

An estimated 1,825 college students die each year from alcohol-related, unintentional injuries. Roughly 599,000 students between the ages of 18 and 24 are injured every year while under the influence of alcohol. Tales of intoxicated college students’ wild, disgusting, and often violent behavior have made the national news. Litigation over alcohol-related incidents on college campuses arises from various situations, including injuries that result from intoxicated students falling, injuries suffered during parties and hazing rituals involving alcohol, and injuries from other assaults that occur after alcohol has been consumed on campus.

At the outset ...


The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr. 2014 SelectedWorks

The Federal Experiment With Evidence-Based Funding: Lessons From The Home Visiting Program, Philip G. Peters Jr.

Philip G. Peters Jr.

Congress spends billions of dollars each year on social programs that don’t work. To cure this, both Congress and the current Administration have turned to small competitive funding programs, like the Investing in Innovation program, to find and fund programs with the strongest evidence of impact. Yet, the largest federal programs are formula-based, not competitive. They distribute over $300 billion annually using formulas based on factors like population and poverty. This Article explores whether formula-based programs can also be designed to restrict funding to interventions that are genuinely evidence-based.

The challenge of directing money to proven service models is ...


Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson 2014 Notre Dame Law School

Two Sides Of The Same Coin: Justice Powell And Justice Marshall's Perspectives On Education And The Law, Adreanne Stephenson

Notre Dame Journal of Law, Ethics & Public Policy Online

This Note will examine how Justice Lewis F. Powell and Justice Thurgood Marshall’s individual experiences affected their jurisprudence concerning educational issues. Part I will provide a brief biography of each Justice, relaying the experiences that shed light on their education perspective.

Part II will contrast the Justices’ views on mandated busing as a remedy for integration. Justice Powell believed court mandated busing was unconstitutional, significantly disrupted education, and imposed on local officials’ responsibility to integrate. Conversely, Justice Marshall felt that forced busing was a constitutional means to integrate a divided society maintained by local segregation. Part III will contrast ...


Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel 2014 Minnesota State University, Mankato

Educational Fiscal Policy And Its Effects On How Our Children Learn: Comparing Minnesota And Illinois, Sally Anne Stenzel

Journal of Undergraduate Research at Minnesota State University, Mankato

The study compares Illinois’ and Minnesota’s education fiscal policies. Illinois funds it’s education system mainly from the local level, whereas Minnesota funds it’s mainly from the state level. Thus, in Illinois, if there are discrepancies between household incomes in wealthier and poorer areas, the schools in wealthier areas would receive more money than those in poorer areas. Test scores are then compared. Illinois typically has lower scores than Minnesota. The conclusion is that Illinois’ policies are hindering their students’ learning, compared to Minnesota students, with some mixed results.


Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry L. Macintosh 2014 SelectedWorks

Teaching The Biological Clock: Age-Related Fertility Decline And Sex Education, Kerry L. Macintosh

Kerry L Macintosh

Fertility in women declines significantly at age thirty-two and takes a sharp downward turn at age thirty-seven. Miscarriages also increase with age. In vitro fertilization cannot reverse the effects of aging, and embryo screening, egg freezing, and egg donation are imperfect solutions.

Unfortunately, many women fail to grasp these facts until it is too late. Various factors are to blame, including physicians who shy away from the topic of age-related fertility decline, persistent messaging about the need for pregnancy prevention (implying that conception is easy), and media accounts of celebrities who are pregnant in their forties.

This Article argues that ...


Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum 2014 SelectedWorks

Studying Is Dangerous? Possible Federal Remedies For Study Abroad Liability, Robert J. Aalberts, Chad G. Marzen, Darren A. Prum

Chad G. Marzen

Every year, thousands of U.S. students study abroad for academic credit. Study abroad programs have traditionally garnered strong congressional support, and proponents of the programs emphasize the educational, cultural, and diplomatic benefits from study abroad experiences.

Despite the many benefits of study abroad programs, risks are incurred overseas. In the past several years, a number of incidents have resulted in which students studying abroad have not only incurred physical harm, but in some instances have died while enrolled in a study abroad program. The current liability standards governing study abroad programs are murky. This article not only discusses the ...


But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler 2014 SelectedWorks

But We Were Born Free: The Racial & Sexual Quota As A Constitutiional Bill Of Attainder, David D. Butler

David D. Butler

Racial & Sexual Quota Schemes meet or equal every constitutionial forbidden practice ennumerated in the bar against government's use of bills of attainder or bills of pains and penalities.


Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez 2014 SelectedWorks

Women Of Color In Legal Education: Challenging The Presumption Of Incompetence, Carmen G. Gonzalez

Carmen G. Gonzalez

Female law professors of color have become the canaries in the academic mine whose plight is an early warning of the dangers that threaten legal education and the future of the legal profession. As legal education is restructured in response to declining enrollments, tenure itself is coming under fire, and downsizing and hiring freezes are becoming more common. Female law professors of color, who tend to be concentrated at middle- and lower-tier law schools, are particularly vulnerable. But this vulnerability may foreshadow the predicament of all but the most elite law faculty if academic employment becomes increasingly precarious. This article ...


The Quixtoic Search For Race-Neutral Alternatives, Michael E. Rosman 2014 University of Michigan Law School

The Quixtoic Search For Race-Neutral Alternatives, Michael E. Rosman

University of Michigan Journal of Law Reform

The Supreme Court has stated that the narrow-tailoring inquiry of the Equal Protection Clause’s strict scrutiny analysis of racially disparate treatment by state actors requires courts to consider whether the defendant seriously considered race-neutral alternatives before adopting the race-conscious program at issue. This article briefly examines what that means in the context of race-conscious admissions programs at colleges and universities. Part I sets forth the basic concepts that the Supreme Court uses to analyze race-conscious decision-making by governmental actors and describes the role of “race-neutral alternatives” in that scheme. Part II examines the nature of “race-neutral alternatives” and identifies ...


Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, john a. powell, Stephen Menendian 2014 University of Michigan Law School

Fisher V. Texas: The Limits Of Exhaustion And The Future Of Race-Conscious University Admissions, John A. Powell, Stephen Menendian

University of Michigan Journal of Law Reform

This Article investigates the potential ramifications of Fisher v. Texas and the future of race-conscious university admissions. Although one cannot predict the ultimate significance of the Fisher decision, its brief and pregnant statements of law portends an increasingly perilous course for traditional affirmative action programs. Part I explores the opinions filed in Fisher, with a particular emphasis on Justice Kennedy’s opinion on behalf of the Court. We focus on the ways in which the Fisher decision departs from precedent, proscribes new limits on the use of race in university admissions, and tightens requirements for narrow tailoring. Part II investigates ...


Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin 2014 University of Michigan Law School

Place, Not Race: Affirmative Action And The Geography Of Educational Opportunity, Sheryll Cashin

University of Michigan Journal of Law Reform

Ultimately, I argue that one important response to the demise of race-based affirmative action should be to incorporate the experience of segregation into diversity strategies. A college applicant who has thrived despite exposure to poverty in his school or neighborhood deserves special consideration. Those blessed to come of age in poverty-free havens do not. I conclude that use of place, rather than race, in diversity programming will better approximate the structural disadvantages many children of color actually endure, while enhancing the possibility that we might one day move past the racial resentment that affirmative action engenders. While I propose substituting ...


Thinking Hard About 'Race-Neutral' Admissions, Aaron Danielson, Richard H. Sander 2014 University of Michigan Law School

Thinking Hard About 'Race-Neutral' Admissions, Aaron Danielson, Richard H. Sander

University of Michigan Journal of Law Reform

Our exploration is organized as follows. In Part I, we sympathetically consider the very difficult dilemmas facing higher education leaders. Understanding the often irreconcilable pressures that constrain university administrators is essential if we are to envision the plausible policies they might undertake. In Part II, we draw on a range of data to illustrate some of the “properties” of admissions systems and, in particular, the ways in which race, SES, and academic preparation interact dynamically both within individual schools and across the educational spectrum. Partly because the questions we examine here have been so little studied, ideal data does not ...


Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds 2014 University of Michigan Law School

Restructuring Local School Wellness Policies: Amending The Kids Act To Fight Childhood Obesity, Rebecca Edwalds

University of Michigan Journal of Law Reform

Childhood obesity is a major problem plaguing the United States. Over one-third of children are overweight, and there is little indication that this trend will reverse in the near future. The federal government has attempted to combat childhood obesity through the National School Lunch Act, which regulates the quality of foods federally subsidized schools may serve to children, and provides broad goals for physical activity. These basic goals leave extensive room for states to implement different standards, and they are not sufficient to effectively confront the childhood obesity problem. This Note proposes amendments to the National School Lunch Act that ...


California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker 2014 Pepperdine University

California Year In Review: 2013 Special Education Alj Decisions, Ruth Colker

Journal of the National Association of Administrative Law Judiciary

This article reviews 74 special education cases decided by California ALJs between January 1, 2013 and December 11, 2013. The author concludes that the ALJs provided stingy relief even when students prevailed, there was often unsuccessful litigation on behalf of a student following the termination of a consent decree or court order, many of the cases reflected negative attitudes towards the mothers of the student, and school districts often preferred more restrictive placements than the parent/student. Not surprisingly, students faced very unfavorable outcomes when they were not represented by a lawyer.


Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield 2014 The Catholic University of America, Columbus School of Law

Winning The Crowd: Harnessing Taxpayer Choices To Improve Educational Quality, W. Edward Afield

Catholic University Law Review

No abstract provided.


A Proposal To The Aba: Integrating Legal Writing And Experiential Learning Into A Required, Six-Semester Curriculum That Trains Students In Core Competencies, 'Soft Skills,' And Real-World Judgment, Adam Lamparello, Charles E. MacLean 2014 SelectedWorks

A Proposal To The Aba: Integrating Legal Writing And Experiential Learning Into A Required, Six-Semester Curriculum That Trains Students In Core Competencies, 'Soft Skills,' And Real-World Judgment, Adam Lamparello, Charles E. Maclean

Adam Lamparello

Experiential learning is not the answer to the problems facing legal education. Simulations, externships, and clinics are vital aspects of a real-world legal education, but they cannot alone produce competent graduates. The better approach is to create a required, six-semester experiential legal writing curriculum where students draft and re-draft the most common litigation documents and engage in simulations, including client interviews, mediation, depositions, settlement negotiations, and oral arguments in the order that they would in actual practice. In so doing, law schools can provide the time and context within which students can truly learn to think like lawyers, do what ...


Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki 2014 SelectedWorks

Legal Protection Issues At Polytechnics In Finland During The Cutback, Olli Virmajoki

Olli Virmajoki

Polytechnics have been under a demand of the structural changes in Finland during the whole 2000 decade. They were expected to make big saving in their finances in 2012 and also the intakes in polytechnics were reduced by 2200 new entrants. The research problem of this study is how is a legal protection of a teacher with an employment relation with a holder of a public-service post in polytechnics operated by local authorities during 2012–2013 when the cutback was going on. This study finds out the main issues in the administrative procedures and using powers. The category of this ...


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman 2014 Touro College Jacob D. Fuchsberg Law Center

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Eileen Kaufman

Touro Law Review

No abstract provided.


Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman 2014 Touro College Jacob D. Fuchsberg Law Center

Other Civil Rights Decisions In The October 2005 Term: Title Vii, Idea, And Section 1981, Leon Friedman

Touro Law Review

No abstract provided.


Digital Commons powered by bepress