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Recent Articles in Education Law
When The Classroom Is Not In The
Schoolhouse: Applying Tinker To
Student Speech At Online Schools, Brett T. MacIntyre 
Seattle University School of Law
When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre
Seattle University Law Review
Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court ...
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow 
NELLCO
The Federal Right To An Adequate Education, Barry Friedman, Sara Aronchick Solow
New York University Public Law and Legal Theory Working Papers
Common wisdom has it that there is no federal constitutional right to an education; indeed, under our charter of negative liberties the common understanding is that there are no positive rights at all. This Article challenges common wisdom, arguing that there is in fact a federal constitutional right to a minimally adequate education. In doing so it calls into question the value of long-standing debates about the proper way to interpret the Constitution and suggests an alternative—not a new one, but a time-honored methodology. While theoretical battles about interpretation rage, judges (on both the right and left) continue to ...
Risk-Based Student Loans , Michael Simkovic 
Washington & Lee University School of Law
Risk-Based Student Loans , Michael Simkovic
Washington and Lee Law Review
No abstract provided.
The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen 
Pepperdine University
The California Supreme Court, Pettit And Disciplinary Proceedings Against Teachers, John H. Paulsen
Pepperdine Law Review
No abstract provided.
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan Pepperdine University
Lindros V. Governing Board Of Torrance Unified School District , Patrick Callahan
Pepperdine Law Review
No abstract provided.
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West Pepperdine University
To Get A Diploma Or To Get Welfare: Duncan's Dilemma, Nina E. West
Pepperdine Law Review
No abstract provided.
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey Pepperdine University
Excessive Entanglement: Development Of A Guideline For Assessing Acceptable Church-State Relationships , James M. Zoetewey
Pepperdine Law Review
No abstract provided.
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied Pepperdine University
Limitations On Permissible State Aid To Church-Related Schools Under The Establishment Clause: Wolman V. Walter, Timothy J. Blied
Pepperdine Law Review
No abstract provided.
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena 
Seton Hall Law
A Short-Term Solution: Addressing How Inner-City Children Can Overcome The Consequences Of Housing Segregation And Education Segregation, Jacqueline Pena
Student Scholarship
No abstract provided.
How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman NELLCO
How To Talk About The Constitution, Sara Aronchick Solow, Barry Friedman
New York University Public Law and Legal Theory Working Papers
For the last thirty years, debates about interpretive methodology have preoccupied academics to the detriment of substantive discussions about constitutional meaning. Scholars have spent all their time talking about talking about the Constitution, rather than just talking about the Constitution. The publication of Jack Balkin’s book Living Originalism provides an auspicious moment to urge abandoning the first project in favor of the second. For all their intensity, debates about constitutional interpretive methodology have had meager payoff. Judges continue to interpret using a familiar collection of sources, which scholars should tap in greater detail in order to consider new constitutional ...
The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt 
University of Nebraska - Lincoln
The Legislative Purposes And Intent Of The Common Levy In Nebraska’S Learning Community, Matthew L. Blomstedt
Educational Administration: Theses, Dissertations, and Student Research
The purpose of this historical study was to establish the purposes and intent of the common levy in Nebraska’s learning community. The development of this unique regional educational structure consisting of eleven school districts in the Omaha, Nebraska metropolitan area is central to the study. The research detailed the context of the decisions made by the Nebraska Legislature to establish and implement the learning community law from 2005 and 2012. Specifically, the study focused on the establishment of a regional tax base, the common levy, as a response to boundary and finance instability that persisted in the Omaha area ...
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel Pepperdine University
Have The Amendments To The Individuals With Disabilities Education Act Razed Rowley And Raised The Substantive Standard For "Free Appropriate Public Education?", Perry A. Zirkel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Last Call: According First-Filed Qui Tam Complaints Greater Preclusive Effect Under Batiste'S Narrow Interpretation Of The First-To-File Rule, Daniel Long 
Boston College Law School
Last Call: According First-Filed Qui Tam Complaints Greater Preclusive Effect Under Batiste'S Narrow Interpretation Of The First-To-File Rule, Daniel Long
Boston College Law Review
On November 4, 2011, in United States ex rel. Batiste v. SLM Corp., the U.S. Court of Appeals for the D.C. Circuit held that the False Claims Act’s “first-to-file” bar does not require that a first-filed complaint plead allegations of fraud with particularity to bar subsequent complaints alleging the same material elements of fraud. In so doing, the D.C. Circuit created a circuit split with the Sixth Circuit regarding the pleading standards required by the first-to-file rule. This Comment argues that the D.C. Circuit’s interpretation better comports with the first-to-file rule’s twin policies ...
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo Pepperdine University
Creeping Judicialization In Special Education Hearings?: An Exploratory Study, Perry A. Zirkel, Zorka Karanxha, Anastasia D'Angelo
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur Pepperdine University
Placing The Ball In Congress' Court: A Critical Analysis Of The Supreme Court's Decision In Arlington Central School District Board Of Education V. Murphy, 126 S. Ct. 2455 (2006), Ashlie D'Errico Surur
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes Pepperdine University
The Scales Tip In Favor Of Parents In Winkelman V. Parma City School District, Nidya Aldana Paredes
Journal of the National Association of Administrative Law Judiciary
This case note presents a thorough examination of the Supreme Court's recent opinion in Winkelman and its effect on parents and school districts involved in special education law. Part II relates the historical background of special education law with an emphasis on the role of parents. In Part III the facts of the Winkelman decision are summarized. Part IV sets forth an analytical critique of the Supreme Court majority and dissenting opinions. Then Part V of the article contains the impact of the Winkelman decision on special education law in general and on parents and school districts. Part VI ...
Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman Pepperdine University
Delineating Administrative Exhaustion Requirements And Establishing Federal Courts' Jurisdiction Under The Individuals With Disabilities Education Act: Lessons From The Case Law And Proposals For Congressional Action , Lewis M. Wasserman
Journal of the National Association of Administrative Law Judiciary
The Individuals with Disabilities Education Act (IDEA), enacted through Congress's Spending Clause Power, is the principal federal statute aimed at insuring that children with disabilities receive a Free Appropriate Public Education (FAPE) in the nation's public schools. The Act has spawned a substantial and growing body of litigation between parents and local and state educational agencies in federal and state courts during the last decade. During this period nearly 20%-21% of these cases have addressed the issue of exhaustion of IDEA's administrative remedies, and the related concern about federal courts' jurisdiction, when the law's exhaustion ...
The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield 
Pace University
The Inevitable Irrelevance Of Affirmative Action, Leslie Y. Garfield
Pace Law Faculty Publications
This article proceeds in three parts. In Part I of this article, I provide a narrative of affirmative action jurisprudence in higher education, with a particular focus on the meaning of viewpoint diversity in higher education. This section tracks the definitional shift in preference policies from their original design as remedial and compensatory programs for those suffering the effects of educational discrimination to interest convergence programs, which assure equal benefits irrespective of race. In Part II, I explore the circumstances giving rise to Fisher, including an overview of the lower court decisions. This section presents a discussion of the likely ...
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq Pepperdine University
The Sanctioning Authority Of Hearing Officers In Special Education Cases, Salma A. Khaleq
Journal of the National Association of Administrative Law Judiciary
Under the Individuals with Disabilities Education Act (IDEA or the Act), children with disabilities are entitled to a free, appropriate public education (FAPE). The Act provides a procedural safeguard for children and their parents seeking to challenge a state or local educational agency's educational plan for the child in the form of a due process hearing presided over by a hearing officer or an administrative law judge (ALJ). This article describes the current case law concerning the authority of ALJs to sanction parties and attorneys for misconduct during these special education proceedings. Due to the limited number of cases ...
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black 
University of South Carolina
Civil Rights, Charter Schools, And Lessons To Be Learned, Derek W. Black
Faculty Publications
Two major structural shifts have occurred in education reform in the past two decades: the decline of civil rights reforms and the rise of charter schools. Courts and policy makers have relegated traditional civil rights reforms that address segregation, poverty, disability, and language barriers to near irrelevance, while charter schools and policies supporting their creation and expansion have rapidly increased and now dominate federal policy. Advocates of traditional civil rights reforms interpret the success of charter schools as a threat to their cause, and, consequently, have fought the expansion of charter schools. This Article argues that the civil rights community ...
Popular Institutions
Popular Authors
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Pace University
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Boston College Law School
Deborah Brake
BLR
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Georgetown University Law Center
James Forman
Georgetown University Law Center
Jocelyn Getgen
Cornell Law Library
Sital Kalantry
Cornell Law Library
Kevin Brown
Maurer School of Law: Indiana University
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The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah Brake
Social Media, Public School Teachers, And The First Amendment, Mary-Rose Papandrea
Fundamentos Del Derecho Procesal Civil
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The First Amendment In The Classroom: Library Book Removals And The Right Of Access To Information
Discipline Of Special-Education Students Under The Individuals With Disabilities Education Act
The Doctrine Of In Loco Parentis, Tort Liability And The Student-College Relationship
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