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A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson 2017 Pepperdine University

A Diverse Student Body Without Student Bodies?: Online Classrooms And Affirmative Action, Ryan H. Nelson

Pepperdine Law Review

America’s public universities engage students in myriad classroom environments that range from traditional, entirely-in-person classroom environments to entirely-online, virtual classrooms, with every shade of grey in between. These varied learning environments pose a fascinating question with respect to the ways such universities use affirmative action in admissions. In Grutter v. Bollinger, the United States Supreme Court held that “student body diversity is a compelling state interest that can justify the use of race in university admissions.” Indeed, student body diversity remains one of the few “compelling interests” that the Court has held satisfies the constitutional imperative that the “government ...


The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Ncaa And The Rule Of Reason, Herbert J. Hovenkamp

Faculty Scholarship

This brief essay considers the use of antitrust’s rule of reason in assessing challenges to rule making by the NCAA. In particular, it looks at the O’Bannon case, which involved challenges to NCAA rules limiting the compensation of student athletes under the NCAA rubric that protects the “amateur” status of collegiate athletes. Within that rubric, the Ninth Circuit got the right answer.

That outcome leads to a broader question, however: should the NCAA’s long held goal, frequently supported by the courts, of preserving athletic amateurism be jettisoned? Given the dual role that colleges play, that is a ...


Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene 2017 Brigham Young University Law School

Rethinking Religious Exemptions From Title Ix After Obergefell, Cara Duchene

Brigham Young University Education and Law Journal

No abstract provided.


Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman 2017 Brigham Young University Law School

Regaining Trust In Nonprofilt Charter Schools: Toward Benefit Corporation Branding For For-Profit Education Management Organizations, James Eastman

Brigham Young University Education and Law Journal

No abstract provided.


Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder 2017 Brigham Young University Law School

Avoiding Deliberation: Why The "Safe Space" Campus Cannot Comport With Deliberative Democracy, Nicholas A. Schroeder

Brigham Young University Education and Law Journal

No abstract provided.


To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton 2017 Brigham Young University Law School

To Solve It Aright: Rerum Novarum And New Jersey's Answer To Catholic Bishop Of Chicago, Daniel T. Paxton

Brigham Young University Education and Law Journal

No abstract provided.


Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani 2017 Brigham Young University Law School

Functional Behavioral Assessments And Behavioral Intervention Plans: Review Of The Law And Recent Cases, Cynthia A. Dieterich, Nicole D. Snyder, Christine J. Villani

Brigham Young University Education and Law Journal

No abstract provided.


Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler 2017 Seattle University School of Law

Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler

Seattle University Law Review

This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal ...


Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson 2017 American University Washington College of Law

Civil Rights Remedies In Higher Education: Jurisprudential Limitations And Lost Moments In Time, Lia Epperson

Lia Epperson

No abstract provided.


Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli 2017 University of Georgia School of Law

Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli

Georgia Journal of International & Comparative Law

No abstract provided.


How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna 2017 Elisabeth Haub School of Law at Pace University

How Organizing Collegiate Student-Athletes Under The National Labor Relations Act With The Ncaa As A Joint Employer Can Lead To Significant Changes To The Student-Athlete Compensation Rules, Andrew Gruna

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will provide an overview of how National Labor Relations Board cases of Northwestern University and Browning Ferris combined with the analysis presented in the National Labor Relations Board General Counsel Memorandum GC 17-01: General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context could impact the laws behind unionization, the contracts of university athletes, and, ultimately through contract negotiations, reintroduce the discussion regarding compensation of student-athletes.


An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked 2017 Northwestern Pritzker School of Law

An American Oddity: The Law, History, And Toll Of The School District, Nadav Shoked

Northwestern University Law Review

The school district is a staple of American law. As the local government tasked with controlling our public schools, the school district is so well-entrenched that lawmakers and commentators ignore its uniqueness as a legal institution. The school district is peculiar to American law, and it is a peculiarity within American law. General purpose governments—cities and counties—are the local governments controlling schools outside the United States. In the United States itself, these governments control almost all other major local functions. But they do not control education here. Why? Why does American law rely on a separate local government ...


Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander 2017 University of Maryland Francis King Carey School of Law

Race, Rhetoric, And Judicial Opinions: Missouri As A Case Study, Brad Desnoyer, Anne Alexander

Maryland Law Review

No abstract provided.


Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst 2017 SIT Graduate Institute

Assessing The Influence Of Career-Linked Experiential Opportunities On The F-1 Undergraduate Student Enrollment Decision-Making Process, Harrison Fuerst

Capstone Collection

International mobility efforts in the United States have garnered increased attention and funding in recent years, with such government-led initiatives as Generation Study Abroad and 100,000 Strong driving up inbound and outbound student numbers. Recent inbound mobility reports from the Institute of International Education show double-digit percentage increases in international student enrollment. Other countries also experiencing an influx of international students continue to research these trends to shape their own education strategies. Research conducted by the International Education Association of Australia points specifically to hands-on professional experience and enhanced employability as key factors important to Australia’s international student ...


With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince 2017 Cleveland-Marshall College of Law

With Liberty And Justice For Some: Denial Of Meaningful Due Process In School Disciplinary Actions In Ohio, Genevieve Vince

Cleveland State Law Review

Students face many different obstacles in school and arbitrary exclusion should not be one of them. Despite the Supreme Court stating that students do not shed their rights at the schoolhouse gate, they in fact do shed their rights. This Note examines how school disciplinary actions deny students meaningful due process. It discusses the foundation of modern due process, including what other rights have been incorporated into the contemporary understanding of due process as well as its historic roots. Additionally, this Note explores the case that established the procedures required of school administrators to comport with a student’s right ...


Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez 2017 University of Miami Law School

Restraints, Seclusion, And The Disabled Student: The Blurred Lines Between Safety And Physical Punishment, Lanette Suarez

University of Miami Law Review

No abstract provided.


Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk 2017 University of Miami Law School

Why The Charitable Deduction For Gifts To Educational Endowments Should Be Repealed, Herwig Schlunk

University of Miami Law Review

No abstract provided.


“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin 2017 Boston College Law School

“Hurdling” Gender Identity Discrimination: The Implications Of State Participation Policies On Transgender Youth Athletes’ Ability To Thrive, Kayla L. Acklin

Boston College Journal of Law & Social Justice

The number of students, in grades kindergarten through high school, who identify as transgender has steadily increased during the last decade. These students seek the same opportunities as their cisgender peers, but are often denied participation in athletic activities because of their non-conforming gender-behavior. Currently, there is no federal law governing transgender participation in sports, which has resulted in an inconsistency among state athletic associations’ participation policies; the vast majority of states restricts participation. These states are limiting transgender students’ ability to receive the benefits that sports provide. To solve this inconsistency and provide equal opportunity for transgender students, this ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


Resolution 13 06 2017 Students' Rights To Privacy In Restrooms And Locker Rooms.Pdf, Catherine L. Rucker 2017 Golden Gate University School of Law

Resolution 13 06 2017 Students' Rights To Privacy In Restrooms And Locker Rooms.Pdf, Catherine L. Rucker

Catherine L Rucker

To amend CA Education Code section 231 to require accommodations to ensure student privacy in school restrooms and locker rooms


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