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Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler 2018 Fordham University School of Law

Public Dollars, Private Discrimination: Protecting Lgbt Students From School Voucher Discrimination, Adam Mengler

Fordham Law Review

More than a dozen states operate school voucher programs, which allow parents to apply state tax dollars to their children’s private school tuition. Many schools that participate in voucher programs are affiliated with religions that disapprove of homosexuality. As such, voucher-accepting schools across the country have admissions policies that discriminate against LGBT students and students with LGBT parents. Little recourse exists for students who suffer discrimination at the hands of voucher-accepting schools. This Note considers two ways to provide protection from such discrimination for LGBT students and ultimately argues that the best route is for an LGBT student to ...


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. McGuire 2018 Duke Law

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...


The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole 2018 University of Florida Levin College of Law

The Epidemic Of Higher Levels Of Depression And Anxiety In Each Successive Generation Of Youth: Proposed Causes, Detrimental Effects, And The Introduction Of Positive Psychology In The Classroom, Rosemarie Parasole

Florida Law Review

The past few decades have witnessed a major increase in each successive generation of youth reporting higher levels of mental illness. The detrimental effects of mental disorders, including depression and anxiety, demand a solution that addresses a change in thinking and wellbeing among youth. Research illustrates the substantial impact the teachings of positive psychology have on developing minds. Additionally, positive psychology addresses and attempts to remedy many of the proposed factors contributing to youth depression and anxiety. This Note calls for legislation to introduce positive psychology classes on a statewide level within the K–12 curriculum in all Florida public ...


Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin 2018 Northwestern Pritzker School of Law

Is That Appropriate?: Clarifying The Idea's Free Appropriate Public Education Standard Post-Endrew F., Josh Cowin

Northwestern University Law Review

The Individuals with Disabilities Education Act (IDEA) requires schools to provide all students who qualify for special education services with a free appropriate public education (FAPE). However, the IDEA does not specify how much substantive educational benefit students must be afforded in order to receive a FAPE, leaving this question for the courts. For over thirty years, courts split over the amount of educational benefit that school districts must provide to their special education students, leading to significant confusion and anxiety among parents and school officials regarding their legal rights. The Supreme Court sought to clarify this standard in Endrew ...


Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin 2018 Fordham University School of Law

Children Are Crying And Dying While The Supreme Court Is Hiding: Why Public Schools Should Have Broad Authority To Regulate Off-Campus Bullying "Speech", Jennifer Butwin

Fordham Law Review

Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances—including the internet, cell phones, and social media—have transformed the nature of bullying and allow “cyberbullies” to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students’ off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit ...


Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor 2018 australian catholic university

Both Victim And ‘Perpetrator’: Finding A Voice Before Inquiries Into Historical Abuse In Out-Of-Home Care [Accepted Manuscript], Shurlee L. Swain Professor

Faculty of Education and Arts Publications

No abstract provided.


The 2017/18 International Moots Season In Review, Siyuan CHEN, Eunice CHUA 2018 Singapore Management University

The 2017/18 International Moots Season In Review, Siyuan Chen, Eunice Chua

Research Collection School Of Law

Overviewof the SeasonThis is the fourth annualreview of Singapore’s performance in international moot competitions.1 As the latest mootseason3 draws to a close, weare happy to report that the 2017/18 season has been another fairly decent onefor Singapore mooters.


Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton 2018 University of San Diego

Laying Siege To The Ivory Tower: Resource Allocation In Response To The Heckler's Veto On University Campuses, Macklin W. Thornton

San Diego Law Review

High in the towers of academia, the lofty ideals of free speech are tossed around with a deceptive ease. However, as legal minds grapple with heady legal doctrines, free speech has concrete consequences down at the foot of those towers. At this ivory base, the property line between the university and the community blur. Students and nonstudents assemble and deliver conflicting speech that, at times, foments violence. Molotov cocktails, gun shots, broken windows, disgruntled students. All attempts to trigger the dreaded heckler’s veto—an attempt the government has an obligation to prevent. In addition to the public relations disasters ...


Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown 2018 Liberty University

Principles And Consequences In A Virtue Ethics Analysis Of Affirmative Action, Caleb H A Brown

Montview Liberty University Journal of Undergraduate Research

In this paper, I evaluate affirmative action from the framework of virtue ethics. In doing so, I consider the principles behind affirmative action as well as its consequences because a perfectly virtuous person will act per just principles but will also be concerned with the consequences of her actions. An attempt to restore justice that utilizes a mechanism known to be ineffective is not truly an attempt to restore justice, and so is not virtuous. Therefore, if affirmative action is principally justified, a complete virtue ethical analysis will still ask, “Do we know if it works?” I conclude that affirmative ...


State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel 2018 Pepperdine University

State Laws For Due Process Hearings Under The Individuals With Disabilities Education Act, Perry A. Zirkel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth 2018 University of San Diego

Bureau For Private Postsecondary Education, Daniel Ballinger, R. C. Fellmeth, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.


Culture Wars On Campus: Academic Freedom, The First Amendment, And Partisan Outrage In Polarized Times, Jason M. Shepard, Kathleen B. Culver 2018 University of San Diego

Culture Wars On Campus: Academic Freedom, The First Amendment, And Partisan Outrage In Polarized Times, Jason M. Shepard, Kathleen B. Culver

San Diego Law Review

After a California community college professor called the election of President Donald Trump an “act of terrorism” in her classroom the week after the vote, a student-recorded viral video sparked a national conservative media firestorm. Critics said the professor should be fired for outrageous liberal bias, while supporters defended her comments as being protected by academic freedom and the First Amendment. The student, meanwhile, was suspended for his unauthorized recording while defenders decried his punishment as evidence of anti-conservative discrimination and harassment. By examining tensions between faculty and student speech rights, the use of technologies to take ideological disagreements viral ...


The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders 2018 Notre Dame Law School

The Future Of State Blaine Amendments In Light Of Trinity Lutheran: Strengthening The Nondiscrimination Argument, Margo A. Borders

Notre Dame Law Review

In Part I, this Note will examine a brief history of the proposed federal Blaine Amendment, and the subsequent adoption of many State Blaines across the nation. Next, in Part II, the Note will discuss why the State Blaines are frequently debated, specifically in the context of the issue of school choice. The Note will then examine two of the main arguments against the constitutionality of State Blaines—the animus arguments and the First Amendment arguments—and will examine the strengths and weaknesses of each argument. In Part III, the Note will discuss the culmination of recent caselaw in the ...


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich 2018 Selected Works

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through ...


Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer 2018 University of Minnesota Law School

Does The African American Need Separate Charter Schools?, Julian Vasquez Heilig, Steven Nelson, Matt Kronzer

Law & Inequality: A Journal of Theory and Practice

No abstract provided.


Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen 2018 University of Southern California

Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen

University of Southern California Legal Studies Working Paper Series

Financial distress has hit higher education. More and more universities and colleges are facing existential challenges as the competition for a dwindling number of students has put a strain on revenues. Unlike leaders in other industries, the presidents and chancellors of a financially distressed institutions of higher education cannot explore the possibility of a Chapter 11 filing under the Bankruptcy Code to restructure their obligations so that they align better with their revenues. Federal law prohibits Title IV loans – the lifeblood of virtually every university and college – from being made to students who attend a school that is in an ...


Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison 2018 Brown University

Book Review: Courtrooms And Classrooms: A Legal History Of College Access, 1860-1960, Mark A. Addison

Journal of College Access

Issues of college access are increasingly met with resolutions within social and economic contexts. Models such as cost of production output, and race and socioeconomic-conscious strategies form the basis of such analyses (Jenkins & Rodriguez, 2013; Henriksen, 1995; Treager Huber, 2010; Schmidt, 2012). We can expect retooling and reinventing of such models with increasing college costs and changes in student demographics.


Understanding The Importance Of Ferpa & Data Protection In Higher Education. An Application: Website At La Salle University, Robert Frank, Lynne Wagner 2018 La Salle University

Understanding The Importance Of Ferpa & Data Protection In Higher Education. An Application: Website At La Salle University, Robert Frank, Lynne Wagner

Mathematics and Computer Science Capstones

Personal data protection is a paramount conversation globally. The higher education industry is abundant in varying types of highly sensitive information; the security of this data is critical, requiring all stakeholders be educated and aware of the standards and best practice securing it. This project’s main outcome is to conduct in-depth research on personal data protection regulations within higher education and the development of an example educational webpage for the La Salle University community relating to policy, practice, and procedures of the Family Educational Rights and Privacy Act (FERPA).

The Mission of La Salle University affirms a community commitment ...


Litigating Trauma As Disability In American Schools, Taylor N. Mullaney 2018 Northwestern Pritzker School of Law

Litigating Trauma As Disability In American Schools, Taylor N. Mullaney

Northwestern Journal of Law & Social Policy

No abstract provided.


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