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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.


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.


Assessing Students' Civil Rights Claims Against School Resource Officers, Kerrin C. Wolf 2018 Stockton University

Assessing Students' Civil Rights Claims Against School Resource Officers, Kerrin C. Wolf

Pace Law Review

Police officers stationed in public schools, commonly referred to as school resource officers (SROs), have become commonplace in the United States over the past twenty-five years. Their primary responsibility is to maintain order and safety in schools, but they also serve as counselors and mentors for students, and teach classes related to drug and alcohol abuse, gang avoidance, and other topics. SROs’ presence in schools raises important legal questions because they interact with students on a daily basis and are directly involved in schools’ efforts to control student behavior through school discipline and security. Additionally, a series of Supreme Court ...


Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas 2018 College of William & Mary Law School

Improving Education Through Devotion: A Religious Solution To Eastern Turkey's Gender Gap, Joshua E. Thomas

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

Turkey has much room for improvement regarding women’s education opportunities—particularly in eastern Anatolia. Despite the Turkish Republic’s outward secular appearance, Islamic law plays an increasingly important role in society. A potential solution to the government’s sluggish progress on gender equality may lie in the utilization of their religious directorate (Diyanet). The Diyanet could issue fatwas sympathetic to women’s rights, which may more effectively reach the conservative eastern Turkish population.


The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White 2018 College of William & Mary Law School

The Invisible Victims Of The School-To-Prison Pipeline: Understanding Black Girls, School Push-Out, And The Impact Of The Every Student Succeeds Act, Bianca A. White

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

No abstract provided.


The Privacy Of The Public Schools, Emily Suski 2018 University of Maryland Francis King Carey School of Law

The Privacy Of The Public Schools, Emily Suski

Maryland Law Review

This Article compares the liability of the public schools with that of families for harms to children in their care. Families serve as an apt vehicle for comparative analysis because families’ and schools’ responsibilities for children overlap substantially. Despite these overlapping responsibilities, however, the law allows schools to evade liability for harms to children and penalizes families for the same or similar harms.

Drawing on feminist theory on privacy and the public/private divide, this Article argues that the limits of public school liability mean they have privacy. Feminist theorists identify privacy as freedom from regulation and intrusion into decision-making ...


Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant 2018 University of Michigan Law School

Removing Camouflaged Barriers To Equality: Overcoming Systemic Sexual Assault And Harassment At The Military Academies, Rebecca Weiant

Michigan Journal of Gender and Law

The Education Amendments of 1972 introduced requirements to protect female students from discriminatory policies at post-secondary institutions. A portion of those amendments, commonly known as Title IX, require that no students be subjected to discrimination based on their sex by any educational institution or activity receiving federal financial assistance. An exemption under § 1681(a)(4), however, explicitly prohibits application of Title IX to any educational institution whose primary purpose is to train individuals for military service or the merchant marine. Although those students are still subject to stringent conduct standards, the service academies themselves are tethered to sex discrimination policies ...


University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller 2018 University of Michigan Law School

University Regulation Of Student Speech: In Search Of A Unified Mode Of Analysis, Patrick Miller

Michigan Law Review

Universities are meant to be open marketplaces of ideas. This requires a commitment to both freedom of expression and inclusivity, two values that may conflict. When public universities seek to promote inclusivity by prohibiting or punishing speech that is protected by the First Amendment, courts must intervene to vindicate students’ rights. Currently, courts are split over the appropriate mode of analysis for reviewing public university regulation of student speech. This Note seeks to aid judicial review by clarifying the three existing approaches—public forum analysis, traditional categorical analysis, and a modified version of the Supreme Court’s education-specific speech doctrine ...


A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

A Nevada Lottery: Improving The Odds For Nevada's Public Education System, Michael Linton

UNLV Gaming Law Journal

No abstract provided.


Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arrested Development: Rethinking Fourth Amendment Standards For Seizures And Uses Of Force In Schools, Alexis Karteron

Nevada Law Journal

No abstract provided.


Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd 2018 Liberty University

Higher Education Savings And Planning: Tax And Nontax Considerations, F. Philip Manns Jr., Timothy M. Todd

Texas A&M Law Review

Funding higher education is among the critical financial decisions made by individuals and families. There are myriad options. Yet, the conventional wisdom—namely using Section 529 Plans—may not be the optimal vehicle to effectuate this goal. Therefore, this Article discusses various strategies to plan, save, and pay for higher education. It compares various savings methods including gifts, UTMA accounts, Section 529 Plans, trusts, and other vehicles. The analysis explores both tax and non-tax considerations, including the effect of different strategies on financial aid, transaction costs, investor control, income taxes, gift and estate taxes, flexibility, and creditor protection. This Article ...


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro 2018 Florida International University

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


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